States Grants (Secondary Schools Libraries) Act 1971

Administered by Department of Education

Legislation au C1971A00114 In force Act

Legislation content

States Grants (Secondary Schools Libraries)

No. 114 of 1971

An Act to grant Financial Assistance to the States for Libraries at Secondary Schools and for the acquisition of Library Material and Equipment for use in such Libraries.

[Assented to 9 December 1971]

BE it enacted by the Queens Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the States Grants (Secondary Schools Libraries) Act 1971.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.


Definitions.

3. In this Act, unless the contrary intention appears—

building includes a part of a building;

library means a building for the accommodation and use of books and other library material;

library material includes books, periodicals, newspapers, films, sound recordings, musical scores, maps, plans, pictures, photographs and prints;

secondary school means a school or similar institution, whether conducted by a State or not, at which some or all of the students who attend the school are taught at a secondary level of education;

the period to which this Act applies means the period commencing on the first day of January, One thousand nine hundred and seventy-two, and ending on the thirty-first day of December, One thousand nine hundred and seventy-four.

Grants for libraries and for library material and equipment.

4.—(1.) The Minister may authorize the payment to a State, under this Act, during the period to which this Act applies, by way of financial assistance, of such amounts as, subject to this section, he determines.

(2.) The Minister shall not authorize payments to a State under the last preceding sub-section that—

(a) exceed, in the aggregate, the amount specified in the sixth column of the Schedule to this Act opposite to the name of the State;

(b) in the case of payments authorized on or before the thirty-first day of December, One thousand nine hundred and seventy-two—exceed, in the aggregate, one-third of that amount; or

(c) in the case of payments authorized on or before the thirty-first day of December, One thousand nine hundred and seventy-three—exceed, in the aggregate, two-thirds of that amount.

(3.) Payment of an amount to a State under this Act is subject to the condition that the amount will be applied by the State, as approved by the Minister, for purposes in connexion with libraries at secondary schools and for the acquisition of library material and equipment for use in such libraries.

(4.) The Minister shall not grant an approval under the last preceding sub-section for the application of an amount by a State in respect of a secondary school where—

(a) in the case of a secondary school conducted by the State—if the approval were granted, the total of the amounts approved in respect of secondary schools conducted by the State would exceed the amount specified in the second column of the Schedule to this Act opposite to the name of the State;

(b) in the case of a secondary school not conducted by the State, being a Roman Catholic secondary school—if the approval were granted, the total of the amounts approved in respect of


secondary schools in the State not conducted by the State, being Roman Catholic secondary schools, would exceed the amount specified in the third column of the Schedule to this Act opposite to the name of the State; or

(c) in the case of a secondary school not conducted by the State, not being a Roman Catholic secondary school—if the approval were granted, the total of the amounts approved in respect of secondary schools in the State not conducted by the State, not being Roman Catholic secondary schools, would exceed the amount specified in the fourth column of the Schedule to this Act opposite to the name of the State.

Regulations may vary amounts.

5. At any time during the period to which this Act applies, provision may be made by the regulations that this Act shall have effect as if the amounts specified in the third or fourth column, or both of those columns, and the amounts specified in the fifth and sixth columns, of the Schedule to this Act opposite to the names of any States were varied in accordance with the regulations, but not so as to vary the total of the amounts specified in the fifth column, or the total of the amounts specified in the sixth column, of that Schedule.

Annual statement by Minister.

6. The Minister shall cause a statement to be laid before each House of the Parliament as soon as practicable after the end of each year during the period to which this Act applies describing the arrangements in accordance with which payments under this Act have been authorized in that year and stating, in respect of each State—

(a) in relation to secondary schools conducted by the State—

(i) the total amount paid to the State under this Act in that year; and

(ii) the names of the secondary schools in respect of which the State has, during that year, applied amounts paid to the State under this Act; and

(b) in relation to other secondary schools—

(i) the total amount paid to the State under this Act in that year; and

(ii) the names of the secondary schools in respect of which approvals for the application of moneys included in that amount have been given, and the amount approved for expenditure in respect of each such school.

Appropriation.

7. Payments under this Act shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

Regulations.

8. The Governor-General may make regulations for the purposes of section 5 of this Act, including regulations repealing or amending regulations previously made under this section.


THE SCHEDULE Section 4.

Limit of Grants

First Column

Second Column

Third Column

Fourth Column

Fifth Column

Sixth Column

Name of State

Maximum grants payable in respect of secondary schools conducted by a State

Maximum grants payable in respect of secondary schools not conducted by a State being Roman Catholic secondary schools

Maximum grants payable in respect of secondary schools not conducted by a State other than Roman Catholic secondary schools

Totals of maximum grants payable in respect of secondary schools not conducted by a State

Totals of maximum grants payable in respect of all secondary schools

 

$

$

$

$

$

New South Wales.......

8,209,992

2,121,718

565,438

2,687,156

10,897,148

Victoria.............

6,947,586

1,594,710

749,684

2,344,394

9,291,980

Queensland...........

2,656,719

976,281

382,151

1,358,432

4,015,151

South Australia........

2,288,697

257,979

144,405

402,384

2,691,081

Western Australia......

1,616,826

297,928

133,163

431,091

2,047,917

Tasmania............

856,518

145,385

54,820

200,205

1,056,723

Totals............

..

5,394,001

2,029,661

..

..

Totals..........

22,576,338

..

..

7,423,662

30,000,000

 

Overview

The States Grants (Secondary Schools Libraries) Act 1971 was enacted to provide financial assistance to the states for the establishment and improvement of libraries in secondary schools, as well as for the acquisition of library material and equipment. This Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, addressing a gap in educational infrastructure by enhancing the availability of library resources in secondary schools across the nation. The policy objective of this Act was to ensure that secondary schools, regardless of whether they are state-run or private, have access to necessary library resources that can support educational outcomes and student engagement. The Act allows the Minister to authorise payments to states within specified limits, ensuring that funds are appropriately allocated and used for the intended purpose. Payments are subject to conditions and caps as outlined in the Act, and the Minister has the authority to vary these amounts through regulations. Additionally, the Act mandates that the Minister provide an annual statement to the Parliament detailing the distribution of funds and their application across various secondary schools. This transparency measure ensures accountability in the use of the grants provided under the Act.

Scope and Application

The States Grants (Secondary Schools Libraries) Act 1971 applies to secondary schools across Australia, whether conducted by a State or not, and seeks to provide financial assistance for the establishment and equipping of libraries at these institutions. The Act applies nationally, as it is a Commonwealth Act, and specifies the maximum amounts that may be granted to each state for the purposes of establishing libraries and acquiring library materials and equipment. The Act has a defined period of operation from 1 January 1972 to 31 December 1974. Payments are to be made out of the Consolidated Revenue Fund and the amounts are specified in a schedule attached to the Act. The Minister for Education has the authority to approve the application of these funds by the states, with specific conditions and limitations outlined in the Act, such as not exceeding the specified aggregate amounts for each state and ensuring the funds are used appropriately. The Act also allows for the variation of amounts through regulations and requires the Minister to provide an annual statement to Parliament detailing the arrangements and payments made under the Act.

Key Provisions

The States Grants (Secondary Schools Libraries) Act 1971 (hereinafter referred to as the Act) aims to provide financial assistance to states for libraries in secondary schools and for the acquisition of library materials and equipment. Section 1 gives the Act its short title, while Section 2 stipulates that it will come into operation on the day it receives Royal Assent. Definitions of key terms are provided in Section 3, which include terms such as "building," "library," "library material," "secondary school," and "the period to which this Act applies." The main operative sections of the Act are found in Section 4, which outlines the financial assistance available to states during the period specified in the Act. The Minister is authorised to make payments to a state under this Act, subject to the conditions that the total amount does not exceed the amounts specified in the Schedule and that the funds are used for libraries in secondary schools and the acquisition of library materials and equipment. The Act imposes certain obligations and requirements on the parties involved. Firstly, the Minister must ensure that payments made to a state do not exceed the specified amounts outlined in the Schedule. Secondly, the Minister must not grant approval for the application of an amount by a state if it would exceed the specified amounts in the Schedule for secondary schools conducted by the state or secondary schools not conducted by the state, including Roman Catholic secondary schools and other non-Roman Catholic secondary schools. Thirdly, the Minister must cause an annual statement to be laid before each House of the Parliament, describing the arrangements in accordance with which payments under this Act have been authorised in that year. This statement must include details such as the total amount paid to the state in that year and the names of the secondary schools in respect of which the state has applied amounts paid to the state under this Act. Failure to comply with the provisions of the Act may result in offences, penalties, or civil/criminal consequences. However, the Act does not explicitly outline any offences, penalties, or civil/criminal consequences for breach. The Act only states that payments under this Act shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly. The Governor-General may make regulations for the purposes of section 5 of this Act, including regulations repealing or amending regulations previously made under this section.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.