EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO 189
ISSUED BY AUTHORITY OF THE MINISTER FOR
EMPLOYMENT EDUCATION AND TRAINING
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1984
STATES GRANTS (SCHOOLS ASSISTANCE) REGULATIONS
Section 92 of the States Grants (Schools Assistance) Act 1984 (“the Act”) provides in part that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 3(1) of the Act defines a full fee paying private overseas secondary student to be a student of a kind declared by the regulations to be a full fee paying private overseas secondary student for the purposes of the Act.
Sections 11A, 28C and 29C of the Act provide that full fee paying private overseas secondary students will not be included in calculating numbers of students in government schools, non-government systemic schools and non-government non-systemic schools respectively, for the purposes of the payment of general recurrent grants under the Act.
The Regulation provides for a full fee paying private overseas secondary student to be one who:
- is a student receiving secondary education at a school in a year;
- is the holder of a temporary entry permit, within the meaning of the Migration Act 1958, that is in force;
and who provides or whose guardian provides, or who provides with his or her guardian, funds for payment of the cost of that education being funds of an amount that is equal to or greater than the full cost of secondary education at that school.
The Senate Standing Committee for the Scrutiny of Bills has suggested that the definition should be set out in the Act rather than being left to regulations. The Minister for Employment, Education and Training views the use of regulations as an interim measure only and intends to incorporate the definition in the Act at the earliest opportunity.
The Regulation came into operation on the date of its notification in the Gazette.