States Grants (Schools Assistance) Amendment Act 1988
No. 61 of 1988
An Act to amend the States Grants (Schools Assistance) Act 1984
[Assented to 15 June 1988]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title etc.
1. (1) This Act may be cited as the States Grants (Schools Assistance) Amendment Act 1988.
(2) In this Act, “Principal Act” means the States Grants (Schools Assistance) Act 19841.
Commencement
2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Subsection 5 (2) shall be taken to have commenced on 16 December 1987.
New non-government systemic schools etc.—1986 and subsequent years
3. Section 6a of the Principal Act is amended:
(a) by inserting after subsection (1) the following subsection:
“(1a) This section does not apply in relation to a change in the location of a systemic school or of a part of a systemic school initiated during the year 1990 or a subsequent year if:
(a) the change is to a location adjacent to the location of the school or of that part of the school immediately before the change; and
(b) education is provided at the new location at the same level or levels at which it was provided at the previous location.”;
(b) by omitting subsection (10) and substituting the following subsection:
“(10) The Minister shall not make a determination under paragraph 9 (b) in relation to a relocation or partial relocation of a school after the expiration of the period of 2 years from the commencement of the year in which the relocation or partial relocation was proposed to be initiated unless the Minister is satisfied that there are exceptional circumstances justifying the making of the determination after the expiration of that period.”;
(c) by omitting subsection (12) and substituting the following subsection:
“(12) The Minister shall not make a determination under subsection (11) in relation to the provision of education at a particular level at a school after the expiration of the period of 2 years from the commencement of the year in which the provision of education at that level at the school was proposed to be initiated unless the Minister is satisfied that there are exceptional circumstances justifying the making of the determination after the expiration of that period.”;
(d) by inserting in subsection (20) “of the period of 2 years from the commencement” after “expiration” (first occurring);
(e) by omitting from subsection (20) “year” (last occurring) and substituting “period”.
New non-government non-systemic schools etc.—1986 and subsequent years
4. Section 7a of the Principal Act is amended:
(a) by inserting after subsection (1) the following subsection:
“(1a) This section does not apply in relation to a change in the location of a non-systemic school or of a part of a non-systemic school initiated during the year 1990 or a subsequent year if:
(a) the change is to a location adjacent to the location of the school or of that part of the school immediately before the change; and
(b) education is provided at the new location at the same level or levels at which it was provided at the previous location.”;
(b) by omitting subsection (10) and substituting the following subsection:
“(10) The Minister shall not make a determination under paragraph 9 (b) in relation to a relocation or partial relocation of a school after the expiration of the period of 2 years from the commencement of the year in which the relocation or partial relocation was proposed to be initiated unless the Minister is satisfied that there are exceptional circumstances justifying the making of the determination after the expiration of that period.”;
(c) by omitting subsection (12) and substituting the following subsection:
“(12) The Minister shall not make a determination under subsection (11) in relation to the provision of education at a particular level at a school after the expiration of the period of 2 years from the commencement of the year in which the provision of education at that level at the school was proposed to be initiated unless the Minister is satisfied that there are exceptional circumstances justifying the making of the determination after the expiration of that period.”;
(d) by inserting in subsection (20) “of the period of 2 years from the commencement” after “expiration” (first occurring);
(e) by omitting from subsection (20) “year” (last occurring) and substituting “period”.
Amendment of certain provisions of the Principal Act
5. (1) The Principal Act is amended as set out in Schedule 1.
(2) The Principal Act is amended as set out in Schedule 2.
(3) Anything done at any time after 15 December 1987 and before the day on which this Act received the Royal Assent that would have been authorised by the Principal Act as amended by virtue of subsection (2) if that Act as so amended had been in force at that time shall, for all purposes, be deemed to have been lawfully done at that time.
Amendment of Schedules
6. (1) Schedule 1 to the Principal Act is amended by omitting Part IV and substituting the Part set out in Schedule 3 to this Act.
(2) Schedule 2 to the Principal Act is repealed and the Schedule set out in Schedule 4 to this Act is substituted.
(3) Schedule 3 to the Principal Act is amended by omitting Part IV and substituting the Part set out in Schedule 5 to this Act.
(4) Schedule 4 to the Principal Act is amended by omitting Part IV and substituting the Part set out in Schedule 6 to this Act.
(5) Schedule 5 to the Principal Act is amended by omitting Part IV and substituting the Part set out in Schedule 7 to this Act.
(6) Schedule 11 to the Principal Act is amended by omitting Part IV and substituting the Part set out in Schedule 8 to this Act.
(7) Schedule 14 to the Principal Act is amended by omitting Part IV and substituting the Part set out in Schedule 9 to this Act.
(8) Schedule 15 to the Principal Act is amended by omitting Part IV and substituting the Part set out in Schedule 10 to this Act.
Payments made before Royal Assent
7. Payments (including advances) by way of financial assistance made to a State or to the Northern Territory under the Principal Act shall be deemed to have been made for the purposes of the Principal Act as amended by this Act.
SCHEDULE 1 Subsection 5 (1)
AMENDMENTS OF CERTAIN PROVISIONS OF THE PRINCIPAL ACT
Subsection 3 (1) (paragraph (a) of the definition of “full fee paying private overseas secondary student”):
Insert “full-time or part-time” before “student”.
Subsection 3 (1) (paragraph (a) of the definition of “general education in English as a second language”):
Insert “who are permanent residents and” after “students”.
Subsection 3 (1) (paragraph (b) of the definition of “general education in English as a second language”):
Insert “who are permanent residents” after “students” (second occurring)
Subsection 5 (4):
Omit “$2,057”, substitute “$2,082”.
Subsection 27 (3c):
Omit “$52,276,000”, substitute “$54,302,000”.
Subsection 27 (3d):
Omit “$3,037,000”, substitute “$3,155,000”.
Paragraphs 28 (1) (g) and (h):
Omit “is situated in”, substitute “serves”.
Paragraphs 29 (1) (g) and (h):
Omit “is situated in”, substitute “serves”.
Paragraph 53 (4) (a):
Omit “$6,422,000”, substitute “$6,671,000”.
Paragraph 53 (4) (b):
Omit “$2,569,000”, substitute “$2,668,000”.
Subsection 70c (2):
Omit “$211,000”, substitute “$214,000”.
SCHEDULE 2 Subsection 5 (2)
AMENDMENTS OF CERTAIN PROVISIONS OF THE PRINCIPAL ACT
Subsection 3 (1) (paragraph (b) of the definition of “permanent resident”):
Insert “in relation” after “person”.
Subsections 26 (1), (1a), (2), (2b), (3) and (4):
Insert “or 25b” after “25” (wherever occurring).
Subparagraph 26 (2b) (b) (v):
Insert “, in relation to each project,” after “will”.
Paragraph 26 (2b) (c):
Omit “, if the Commonwealth Education Minister so requires, pay to the Commonwealth”, substitute “pay to the Commonwealth such amount as the Commonwealth Education Minister specifies, not being an amount exceeding”.
Subsections 26 (2c) and (2d):
Omit “, if the Commonwealth Education Minister so requires, pay to the Commonwealth”, substitute “pay to the Commonwealth such amount as the Commonwealth Education Minister specifies, not being an amount exceeding”.
Subsections 27 (3c) and (3d):
Omit “25”, substitute “25b”.
Subsection 27 (4):
Omit “that section”, substitute “section 26”.
Subsection 27 (4aa):
(a) Omit “a year to which section 26 applies”, substitute “the year 1988 or a subsequent year”.
(b) Omit “that section”, substitute “section 26”.
SCHEDULE 3 Subsection 6 (1)
NEW PART IV OF SCHEDULE 1 TO THE PRINCIPAL ACT
PART IV—1988
Column 1 | Column 2 |
Name of State | Amounts |
New South Wales................................ | $ 56,887,000 |
Victoria....................................... | 41,136,000 |
Queensland.................................... | 28,195,000 |
Western Australia................................ | 15,624,000 |
South Australia.................................. | 14,499,000 |
Tasmania...................................... | 4,975,000 |
Northern Territory................................ | 1,980,000 |
Total...................................... | 163,296,000 |
SCHEDULE 4 Subsection 6 (2)
NEW SCHEDULE 2 TO THE PRINCIPAL ACT
SCHEDULE 2 Section 11
GOVERNMENT SCHOOLS—RECURRENT EXPENDITURE
PART I—LEVELS OF ASSISTANCE FOR RECURRENT GRANTS FOR PRIMARY SCHOOLS (INCLUSIVE OF MAXIMUM RESOURCE AGREEMENT ALLOCATIONS)
Column 1 | Column 2 | Column 3 | Column 4 |
Amount per student for 1985 | Amount per student for 1986 | Amount per student for 1987 | Amount per student for 1988 |
$ | $ | $ | $ |
158 | 174 | 185 | 197 |
PART II—BASE YEAR LEVELS OF ASSISTANCE FOR RECURRENT GRANTS FOR PRIMARY SCHOOLS
Column 1 | Column 2 | Column 3 | Column 4 |
Amount per student for 1985 | Amount per student for 1986 | Amount per student for 1987 | Amount per student for 1988 |
$ | $ | $ | $ |
151 | 167 | 173 | 178 |
SCHEDULE 4—continued
PART III—LEVELS OF ASSISTANCE FOR RECURRENT GRANTS FOR SECONDARY SCHOOLS (INCLUSIVE OF MAXIMUM RESOURCE AGREEMENT ALLOCATIONS)
Column 1 |
|
| Column 2 | |||||||
Name of State |
|
| Amounts | |||||||
student for 1985 | student for 1986 | student for 1987 | student for 1988 | |||||||
$ 174 | $ 204 | $ 237 | $ 269 | |||||||
PART IV—BASE YEAR LEVELS OF ASSISTANCE FOR RECURRENT GRANTS FOR SECONDARY SCHOOLS | ||||||||||
Column 1 | Column 2 | Column 3 | Column 4 | |||||||
Amount per student for 1985 | Amount per student for 1986 | Amount per student for 1987 | Amount per student for 1988 | |||||||
$ 151 | $ 184 | $ 191 | $ 196 | |||||||
SCHEDULE 5 Subsection 6 (3) | ||||||||||
NEW PART IV OF SCHEDULE 3 TO THE PRINCIPAL ACT | ||||||||||
PART IV—1988 | ||||||||||
Column 1 |
| Column 2 | Column 3 | |||||||
Name of State |
| Amounts | Amounts | |||||||
New South Wales........................ | $ 10,005,000 | $ 1,656,000 | ||||||||
Victoria............................... | 8,465,000 | 1,401,000 | ||||||||
Queensland............................ | 2,080,000 | 345,000 | ||||||||
Western Australia........................ | 2,083,000 | 346,000 | ||||||||
South Australia.......................... | 2,166,000 | 358,000 | ||||||||
Tasmania.............................. | 285,000 | 47,000 | ||||||||
Northern Territory........................ | 251,000 | 42,000 | ||||||||
Total.............................. | 25,335,000 | 4,193,000 | ||||||||
SCHEDULE 6 Subsection 6 (4)
NEW PART IV OF SCHEDULE 4 TO THE PRINCIPAL ACT
PART IV—1988
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | ||||||
| Disadvantaged government schools | Disadvantaged non-government schools |
|
| ||||||
| Prescribed country areas |
| ||||||||
Name of State | Totals | |||||||||
| $ | $ | $ | $ | ||||||
New South Wales.. | 12,413,000 | 2,500,000 | 2,838,000 | 17,751,000 | ||||||
Victoria......... | 10,595,000 | 2,693,000 | 1,678,000 | 14,966,000 | ||||||
Queensland....... | 3,669,000 | 560,000 | 2,725,000 | 6,954,000 | ||||||
Western Australia.. | 2,916,000 | 479,000 | 2,005,000 | 5,400,000 | ||||||
South Australia.... | 3,023,000 | 316,000 | 1,181,000 | 4,520,000 | ||||||
Tasmania........ | 863,000 | 92,000 | 394,000 | 1,349,000 | ||||||
Northern Territory.. | 908,000 | 32,000 | 422,000 | 1,362,000 | ||||||
Total........ | 34,387,000 | 6,672,000 | 11,243,000 | 52,302,000 | ||||||
SCHEDULE 7 Subsection 6 (5) | ||||||||||
NEW PART IV OF SCHEDULE 5 TO THE PRINCIPAL ACT | ||||||||||
PART IV—1988 | ||||||||||
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | |||||
Name of State | Government special education (including government integration activities) | Government integration activities | Non-government special education (including non-government integration activities) | Non-government integration activities | Special Education Services | |||||
| $ | $ | $ | $ | $ | |||||
New South Wales | 6,883,000 | 534,000 | 1,783,000 | 152,000 | 3,413,000 | |||||
Victoria....... | 4,976,000 | 386,000 | 1,651,000 | 142,000 | 4,820,000 | |||||
Queensland..... | 3,411,000 | 264,000 | 770,000 | 66,000 | 1,510,000 | |||||
Western Australia | 1,889,000 | 146,000 | 396,000 | 33,000 | 884,000 | |||||
South Australia.. | 1,754,000 | 136,000 | 347,000 | 30,000 | 2,846,000 | |||||
Tasmania...... | 602,000 | 47,000 | 113,000 | 9,000 | 204,000 | |||||
Northern Territory | 239,000 | 19,000 | 33,000 | 3,000 | 123,000 | |||||
Total...... | 19,754,000 | 1,532,000 | 5,093,000 | 436,000 | 13,800,000 | |||||
SCHEDULE 8 Subsection 6 (6) | |||||||
NEW PART IV OF SCHEDULE 11 TO THE PRINCIPAL ACT | |||||||
| PART IV—1988 |
| |||||
Column 1 | Column 2 | Column 3 | Column 4 | ||||
Total of all additional grants under section 31 for non-government schools in need of short-term emergency assistance | Total of all grants under sections 32 and 33 for general education in English as a second language in non-government schools | Total of all grants under section 73 for approved education centres | Total of all grants under section 76 for projects or programs of national significance | ||||
$ 382,000 | $ 10,575,000 | $ 1,845,000 | $ 1,860,000 | ||||
SCHEDULE 9 Subsection 6 (7) | |||||||
NEW PART IV OF SCHEDULE 14 TO THE PRINCIPAL ACT | |||||||
PART IV—1988 | |||||||
Column 1 |
| Column 2 | Column 3 | ||||
Name of State |
| Residential institutions | Handicapped children | ||||
|
| $ | $ | ||||
New South Wales..................... | 905,000 | 1,451,000 | |||||
Victoria............................ | 690,000 | 1,107,000 | |||||
Queensland.......................... | 453,000 | 727,000 | |||||
Western Australia..................... | 248,000 | 399,000 | |||||
South Australia....................... | 219,000 | 352,000 | |||||
Tasmania........................... | 77,000 | 124,000 | |||||
Northern Territory..................... | 30,000 | 49,000 | |||||
Total........................... | 2,624,000 | 4,209,000 | |||||
SCHEDULE 10 Subsection 6 (8) | |||||||
NEW PART IV OF SCHEDULE 15 TO THE PRINCIPAL ACT | |||||||
PART IV—1988 | |||||||
Column 1 | Column 2 | ||||||
Name of State | Amounts | ||||||
| $ | ||||||
New South Wales.............................. | 1,537,000 | ||||||
Victoria.................................... | 1,131,000 | ||||||
Queensland.................................. | 668,000 | ||||||
Western Australia.............................. | 391,000 | ||||||
South Australia............................... | 449,000 | ||||||
Tasmania................................... | 127,000 | ||||||
Northern Territory............................. | 57,000 | ||||||
Total................................... | 4,361,000 | ||||||
note
1. No. 126, 1984, as amended. For previous amendments, see Nos. 60 and 163, 1985; Nos. 66 and 155, 1986; and Nos. 37 and 122, 1987.
[Minister’s second reading speech made in—
House of Representatives on 27 April 1988
Senate on 24 May 1988]