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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Education Amendment Bill
2014
No. , 2014
(Education)
A Bill for an Act to amend the Australian Education
Act 2013, and for other purposes
No. , 2014
Australian Education Amendment Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments commencing on the day after Royal
Assent
3
Part 1--Amendments
3
Australian Education Act 2013
3
Australian Education (Consequential and Transitional Provisions) Act
2013
10
Part 2--Application provisions
11
Schedule 2--Amendments commencing on 1 January 2014
12
Australian Education Act 2013
12
No. , 2014
Australian Education Amendment Bill 2014
1
A Bill for an Act to amend the Australian Education
1
Act 2013, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Australian Education Amendment Act
5
2014.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Australian Education Amendment Bill 2014
No. , 2014
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2
1 January 2014.
1 January 2014
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments commencing on the day after Royal Assent Schedule 1
Amendments Part 1
No. , 2014
Australian Education Amendment Bill 2014
3
Schedule 1
--Amendments commencing on
1
the day after Royal Assent
2
Part 1
--Amendments
3
Australian Education Act 2013
4
1 Section 4
5
Omit:
6
The Minister can also determine funding for schools in special
7
circumstances, and funding for non-government representative
8
bodies for non-government schools.
9
substitute:
10
The Minister can determine funding for schools in special
11
circumstances or if the Minister is satisfied that prescribed
12
circumstances apply in relation to schools. The Minister can also
13
determine funding for non-government representative bodies for
14
non-government schools.
15
2 Section 4
16
Omit:
17
The Minister may require an amount to be repaid, reduce an
18
amount that would otherwise be payable, or delay making a
19
payment, if an amount is owed to the Commonwealth under this
20
Act (or other similar Acts) or there is a failure to comply with a
21
requirement of this Act.
22
substitute:
23
The Minister may require an amount to be repaid, reduce an
24
amount that would otherwise be payable, or delay making a
25
payment, if an amount is owed to the Commonwealth under this
26
Schedule 1 Amendments commencing on the day after Royal Assent
Part 1 Amendments
4
Australian Education Amendment Bill 2014
No. , 2014
Act (or other similar Acts) or there is a failure to comply with
1
particular requirements.
2
3 Subsection 9(6) (heading)
3
Repeal the heading, substitute:
4
Other funding for schools
5
4 Paragraph 9(6)(a)
6
Omit "section 29", substitute "paragraph 29(1)(a)".
7
5 After subsection 9(6)
8
Insert:
9
(6A) A payment is an overpayment under this Act if:
10
(a) the Commonwealth makes the payment to a State or Territory
11
for a school for a year as a result of a determination made
12
under paragraph 29(1)(aa); and
13
(b) the total of the amount of the payment, and any previous
14
payments made, as a result of the determination, to the State
15
or Territory for the school for the year, exceeds the amount
16
determined for the school for the year under section 69A.
17
6 Paragraph 21(e)
18
Omit "special circumstances funding", substitute "other funding for
19
schools".
20
7 Paragraph 23(1)(d)
21
Omit "special circumstances funding", substitute "other funding for
22
schools".
23
8 Section 29 (heading)
24
Repeal the heading, substitute:
25
29 Minister to determine timing and amounts of other funding for
26
schools
27
9 Paragraph 29(1)(a)
28
Omit "Division 3 of Part 5", substitute "section 69".
29
Amendments commencing on the day after Royal Assent Schedule 1
Amendments Part 1
No. , 2014
Australian Education Amendment Bill 2014
5
10 After paragraph 29(1)(a)
1
Insert:
2
(aa) an amount or amounts of payments of financial assistance
3
that have been determined under section 69A (funding in
4
prescribed circumstances) to be payable to a State or
5
Territory for a year for a school that is located in the State or
6
Territory; and
7
11 Paragraph 29(1)(b)
8
Omit "paragraph (a)", substitute "paragraphs (a) and (aa)".
9
12 Part 5 (heading)
10
Repeal the heading, substitute:
11
Part 5--Capital and other funding
12
13 Section 66
13
Omit:
14
The Minister may also determine that financial assistance is
15
payable for a school in special circumstances.
16
substitute:
17
The Minister may also determine that financial assistance is
18
payable for a school in special circumstances or if the Minister is
19
satisfied that prescribed circumstances apply in relation to the
20
school.
21
14 Paragraph 68(1)(a)
22
Repeal the paragraph, substitute:
23
(a) for 2014--$134,496,000 (the base assistance amount); and
24
15 Subparagraph 68(1)(b)(i)
25
After "amount", insert "for the year".
26
16 Subsection 68(2)
27
Omit "amount is", substitute "amount for a year is".
28
Schedule 1 Amendments commencing on the day after Royal Assent
Part 1 Amendments
6
Australian Education Amendment Bill 2014
No. , 2014
17 Division 3 of Part 5 (heading)
1
Repeal the heading, substitute:
2
Division 3--Other funding for schools
3
18 Subsection 69(1)
4
Omit "Division", substitute "section".
5
19 At the end of Division 3 of Part 5
6
Add:
7
69A Funding in prescribed circumstances
8
(1) The Minister may, in writing, determine an amount of financial
9
assistance that is payable under this section to a State or Territory
10
for a school for a year if the Minister is satisfied that prescribed
11
circumstances apply in relation to the school for that year.
12
Note 1:
The regulations may prescribe matters that the Minister may or must
13
have regard to in making a decision under this subsection (see
14
paragraph 130(2)(b)).
15
Note 2:
Financial assistance provided under this section is appropriated by
16
section 126.
17
(2) The regulations may do either or both of the following:
18
(a) prescribe an amount payable for a school for a year under a
19
determination under subsection (1) or prescribe a method for
20
working out that amount;
21
(b) prescribe a maximum amount that is payable for a school for
22
a year under a determination under subsection (1) or
23
prescribe a method for working out that maximum amount.
24
(3) The regulations may prescribe different amounts, or different
25
methods for working out amounts, for different circumstances.
26
(4) The total of the amounts that the Minister determines under
27
subsection (1) for a year in relation to particular prescribed
28
circumstances must not exceed the amount:
29
(a) prescribed by the regulations; or
30
(b) worked out in accordance with a method prescribed by the
31
regulations.
32
Amendments commencing on the day after Royal Assent Schedule 1
Amendments Part 1
No. , 2014
Australian Education Amendment Bill 2014
7
(5) A determination under subsection (1) is not a legislative
1
instrument.
2
20 Paragraph 78(2)(a)
3
Omit "capital and special circumstances funding", substitute "capital
4
funding and other funding for schools".
5
21 Part 8 (heading)
6
Repeal the heading, substitute:
7
Part 8--Taking action for non-compliance and
8
requiring amounts to be repaid
9
22 Section 107
10
Omit "with this Act", substitute "with particular requirements".
11
23 Division 2 of Part 8 (heading)
12
Repeal the heading, substitute:
13
Division 2--Taking action for non-compliance and
14
requiring amounts to be repaid
15
24 Section 108 (heading)
16
Repeal the heading, substitute:
17
108 Application of Division for non-compliance
18
25 At the end of section 108
19
Add:
20
; (g) an approved authority or block grant authority for one or
21
more schools located in the State or Territory is not
22
complying, or has not complied, with a requirement included
23
in a funding agreement in accordance with Division 3 of
24
Part 3 of the Schools Assistance Act 2008 that applies or
25
applied to the authority.
26
26 At the end of subparagraph 109(3)(a)(ii)
27
Add "or a funding agreement under that Act".
28
Schedule 1 Amendments commencing on the day after Royal Assent
Part 1 Amendments
8
Australian Education Amendment Bill 2014
No. , 2014
27 At the end of subparagraph 109(3)(a)(iii)
1
Add "or a section 30 agreement (within the meaning of that Act)".
2
28 At the end of subparagraph 109(3)(a)(iv)
3
Add "or a section 18 agreement (within the meaning of that Act)".
4
29 Paragraph 111(3)(f)
5
Omit "special circumstances funding", substitute "other funding for
6
schools".
7
30 At the end of section 112
8
Add:
9
(5) If the recoverable payment was purportedly made in accordance
10
with a determination made under paragraph 29(1)(aa), then
11
section 126 applies as if the recoverable payment were made in
12
accordance with the determination.
13
31 Subsection 118(1) (table item 3, column 1)
14
Omit "or 5".
15
32 Subsection 118(1) (after table item 3)
16
Insert:
17
3A
To determine a total
entitlement for an
approved authority
for a year if the
amount of financial
assistance to which
the determination
relates is payable
under Division 5 of
Part 3
Subsection 26(4)
The approved authority
33 Subsection 118(1) (table item 8, column 1)
18
After "in force", insert "(other than in accordance with an application
19
by the authority)".
20
Amendments commencing on the day after Royal Assent Schedule 1
Amendments Part 1
No. , 2014
Australian Education Amendment Bill 2014
9
34 Subsection 118(1) (table item 11, column 1)
1
After "revokes the approval", insert "and that is not in accordance with
2
an application by the authority".
3
35 Subsection 118(1) (table item 14, column 1)
4
After "in force", insert "(other than in accordance with an application
5
by the authority)".
6
36 Subsection 118(1) (table item 17, column 1)
7
After "revokes the approval", insert "and that is not in accordance with
8
an application by the authority".
9
37 Subsection 118(1) (table item 20, column 1)
10
After "in force", insert "(other than in accordance with an application
11
by the body)".
12
38 Subsection 118(1) (table item 23, column 1)
13
After "revokes the approval", insert "and that is not in accordance with
14
an application by the body".
15
39 Subsection 118(1) (table item 25)
16
Repeal the item, substitute:
17
25
To determine that a
State or Territory pay
to the
Commonwealth a
specified amount
Paragraph 110(1)(a)
The State or Territory
25A
To determine that a
State or Territory pay
to the
Commonwealth a
specified amount
Paragraph 110(1)(a)
The approved
authority, capital grants
authority, block grant
authority or
non-government
representative body (or
former such authority
or body) whose
interests are affected by
the determination
40 Subsection 118(1) (table item 26, column 2)
18
Omit "Section 110", substitute "Paragraph 110(1)(b)".
19
Schedule 1 Amendments commencing on the day after Royal Assent
Part 1 Amendments
10
Australian Education Amendment Bill 2014
No. , 2014
41 Subsection 118(1) (table item 27, column 2)
1
Omit "Section 110", substitute "Paragraph 110(1)(b)".
2
42 At the end of section 126 (before the note)
3
Add:
4
; or (c) paragraph 29(1)(aa) (funding in prescribed circumstances).
5
43 Section 126 (note)
6
After "paragraph 28(1)(b)", insert "or 29(1)(aa)".
7
Australian Education (Consequential and Transitional
8
Provisions) Act 2013
9
44 Subitem 9(2) of Schedule 2
10
Omit "1 January 2015", substitute "1 January 2016 or such later date as
11
the Minister specifies by legislative instrument made before 1 January
12
2016".
13
Amendments commencing on the day after Royal Assent Schedule 1
Application provisions Part 2
No. , 2014
Australian Education Amendment Bill 2014
11
Part 2
--Application provisions
1
45 Application of amendment
--item 25 of this Schedule
2
The amendment made by item 25 of this Schedule applies in relation to
3
a failure to comply with a requirement that occurs before, on or after the
4
day this item commences.
5
46 Application of amendments
--items 26 to 28 of this
6
Schedule
7
The amendments made by items 26 to 28 of this Schedule apply in
8
relation to an amount that is paid before, on or after the day this item
9
commences.
10
Schedule 2 Amendments commencing on 1 January 2014
12
Australian Education Amendment Bill 2014
No. , 2014
Schedule 2
--Amendments commencing on
1
1 January 2014
2
3
Australian Education Act 2013
4
1 Section 4
5
Omit:
6
A special transitional rule also applies for special schools and
7
special assistance schools for 2014.
8
substitute:
9
A special transitional rule also applies for special schools and
10
special assistance schools.
11
2 Section 6
12
Insert:
13
new approved authority has the meaning given by
14
paragraph 63A(1)(b).
15
new Commonwealth per student amount has the meaning given
16
by subsection 58(6).
17
3 Section 6 (definition of old Commonwealth per student
18
amount)
19
Repeal the definition, substitute:
20
old Commonwealth per student amount: an approved authority's
21
old Commonwealth per student amount is:
22
(a) if section 59 applies in relation to the approved authority:
23
(i) for 2014--the amount determined by the Minister under
24
paragraph 58(1)(b) for the authority; and
25
(ii) for any other year--the authority's old Commonwealth
26
per student amount for the year, as indexed under
27
subsection 60(2); and
28
(b) if section 61 applies in relation to the approved authority:
29
Amendments commencing on 1 January 2014 Schedule 2
No. , 2014
Australian Education Amendment Bill 2014
13
(i) for 2013--the amount determined by the Minister under
1
paragraph 58(1)(c) for the authority; and
2
(ii) for any other year--the authority's old Commonwealth
3
per student amount for the year, as indexed under
4
subsection 61(3); and
5
(c) if section 62 applies in relation to the approved authority:
6
(i) for 2013--the amount determined by the Minister under
7
paragraph 58(1)(c) for the authority; and
8
(ii) for any other year--the authority's old Commonwealth
9
per student amount for the year, as indexed under
10
subsection 62(2A).
11
4 Section 6 (definition of old per student amount)
12
Repeal the definition, substitute:
13
old per student amount: an approved authority's old per student
14
amount for 2013 or 2014 is the amount determined by the Minister
15
under paragraph 58(1)(a) for the authority for that year.
16
5 Section 6
17
Insert:
18
transition school has the meaning given by paragraph 63A(1)(a).
19
6 At the end of subsection 12(1)
20
Add:
21
Note:
In some circumstances, section 27 may affect a participating school's
22
total entitlement.
23
7 At the end of subsection 12(2)
24
Add:
25
Note:
In some circumstances, section 27 may affect an approved authority's
26
total entitlement.
27
8 Subsection 13(1) (table items 1 and 2)
28
Repeal the items, substitute:
29
1
a major city school
1, or less than 1.
2
an inner regional school
more than 1, and less than 2.4.
Schedule 2 Amendments commencing on 1 January 2014
14
Australian Education Amendment Bill 2014
No. , 2014
9 Subsection 27(1)
1
Omit all the words from and including "An amount" to and including
2
"for a year if", substitute "The total entitlement for a participating
3
school, or an approved authority for a participating school, for a year is
4
to be determined under section 26 in accordance with the regulations
5
if".
6
10 Section 31
7
Omit:
8
Approved authorities whose old per student amount for 2014 is less
9
than their new per student amount for 2014 will move to the new
10
per student amount over a period of time. Approved authorities
11
whose old per student amount for 2013, increased by 3%, is more
12
than their new per student amount for 2014 will continue to receive
13
the old per student amount, plus indexation, until their new per
14
student amount catches up.
15
substitute:
16
Approved authorities whose old per student amount for 2014 is less
17
than their new per student amount for 2014 will move to the
18
amount worked out using the formula over a period of time.
19
Approved authorities whose old per student amount for 2013,
20
increased by 3%, is more than their new per student amount for
21
2014 will continue to receive the Commonwealth's share of the old
22
per student amount, plus indexation, until the amount worked out
23
using the formula catches up.
24
11 Section 31
25
Omit:
26
A special transitional rule applies for special schools and special
27
assistance schools for 2014 to ensure that the approved authority
28
for those schools is paid at least the old per student amount for
29
those students.
30
substitute:
31
Amendments commencing on 1 January 2014 Schedule 2
No. , 2014
Australian Education Amendment Bill 2014
15
A special transitional rule applies for special schools and special
1
assistance schools to ensure that the approved authority for those
2
schools is paid at least the Commonwealth's share of the old per
3
student amount for those students.
4
12 Before section 57
5
Insert:
6
Subdivision A--Funding for approved authorities that were
7
approved authorities on 1 January 2014
8
13 Section 57 (heading)
9
Repeal the heading, substitute:
10
57 Application of this Subdivision
11
14 Subsection 57(1)
12
Omit "Division", substitute "Subdivision".
13
15 At the end of subsection 57(1)
14
Add:
15
Note:
Section 63B affects the application of this Subdivision in relation to
16
certain approved authorities.
17
16 Subsection 57(2)
18
Omit "Division", substitute "Subdivision".
19
17 At the end of subsection 58(1)
20
Add:
21
; and (c) if section 61 or 62 applies in relation to the approved
22
authority--an old Commonwealth per student amount for
23
2013.
24
18 Subsection 58(5)
25
Omit "In working out", substitute "For the purposes of subsection (4),
26
in working out".
27
Schedule 2 Amendments commencing on 1 January 2014
16
Australian Education Amendment Bill 2014
No. , 2014
19 At the end of section 58
1
Add:
2
(6) The new Commonwealth per student amount, for a year, for an
3
approved authority in relation to which section 61 or 62 applies is
4
worked out using the following formula:
5
The total amount worked out for
the year under section 32 for all schools
for which the approved authority
is approved in that year
The total number of students
for the year at all schools
for which the approved authority
is approved in that year
6
Note:
To work out the number of students at a school for a year, see
7
sections 16 and 17.
8
20 Subsections 59(2) and (3)
9
Omit "Division", substitute "Subdivision".
10
21 Subsection 61(2) (heading)
11
Repeal the heading, substitute:
12
Old Commonwealth per student amount payable
13
22 Subsection 61(2)
14
Omit "Division", substitute "Subdivision".
15
23 Subsection 61(2) (formula)
16
Repeal the formula (not including the note), substitute:
17
The total number of students
The approved authority's
for the year at all schools
old Commonwealth per student
for which the approved
amount for the year
authority is approved in that year
18
24 Subsection 61(3)
19
After "The old", insert "Commonwealth".
20
25 Subsection 61(3)
21
Omit "after 2014", substitute "(from and including 2014)".
22
Amendments commencing on 1 January 2014 Schedule 2
No. , 2014
Australian Education Amendment Bill 2014
17
26 Subsection 61(3) (formula)
1
Repeal the formula, substitute:
2
The approved authority's old Commonwealth
103%
per student amount for the previous year
3
27 Subsection 61(4)
4
Before "per student" (wherever occurring), insert "Commonwealth".
5
28 Section 62 (heading)
6
Repeal the heading, substitute:
7
62 Transitional recurrent funding for special schools and special
8
assistance schools
9
29 Subsections 62(2) (heading)
10
Repeal the heading, substitute:
11
Old Commonwealth per student amount payable
12
30 Subsection 62(2)
13
Omit "Division", substitute "Subdivision".
14
31 Subsection 62(2)
15
Omit "for 2014", substitute "for a year (subject to subsection (2C))".
16
32 Subsection 62(2) (formula)
17
Repeal the formula, substitute:
18
The total number
of students
The approved authority's
for the year at all schools
old Commonwealth per
for which the approved
student amount for the year
authority is approved
in that year
19
Note:
To work out the number of students at a school for a year, see
20
sections 16 and 17.
21
33 After subsection 62(2)
22
Insert:
23
Schedule 2 Amendments commencing on 1 January 2014
18
Australian Education Amendment Bill 2014
No. , 2014
(2A) The old Commonwealth per student amount for a year (from and
1
including 2014) is indexed as follows:
2
The approved authority's
old Commonwealth per student
The indexation percentage
amount for the previous year
3
(2B) The indexation percentage is:
4
(a) 103%; or
5
(b) if the regulations prescribe a higher percentage for the
6
purposes of this paragraph--that higher percentage.
7
(2C) Subsection (2) ceases to apply to the approved authority for a year
8
once the approved authority's new Commonwealth per student
9
amount for the year is equal to or more than the approved
10
authority's old Commonwealth per student amount for that year.
11
34 Subsection 62(3)
12
Omit "for 2015 and each later year", substitute "for the year referred to
13
in subsection (2C) and each later year".
14
35 At the end of Division 5 of Part 3
15
Add:
16
Subdivision B--Funding for approved authorities if there is a
17
change in the approved authority for a participating
18
school
19
63A Transitional recurrent funding for a participating school whose
20
approved authority changes after 1 January 2014
21
(1) This section applies if:
22
(a) on 1 January 2014, a participating school (the transition
23
school) was specified in the approval of an approved
24
authority (the old approved authority); and
25
(b) after 1 January 2014, the transition school is specified in the
26
approval of another approved authority (the new approved
27
authority); and
28
(c) before the transition school was so specified, Subdivision A
29
of this Division applied in relation to the old approved
30
authority in relation to the transition school.
31
Amendments commencing on 1 January 2014 Schedule 2
No. , 2014
Australian Education Amendment Bill 2014
19
Note:
The new approved authority may be approved on or after 1 January
1
2014.
2
Ministerial determination of amount of financial assistance
3
(2) The Minister may determine, in writing, an amount of financial
4
assistance that is payable under this section to a State or Territory
5
for the new approved authority for the transition school for a year.
6
Note:
The regulations may prescribe matters that the Minister may or must
7
have regard to in making a decision under this subsection (see
8
paragraph 130(2)(b)).
9
(3) A determination under subsection (2) is not a legislative
10
instrument.
11
When amounts are worked out under section 32
12
(4) The amount of financial assistance that is payable under this Part to
13
a State or Territory for the new approved authority's transition
14
school is worked out under section 32 for a year if:
15
(a) no determination is in force under subsection (2) of this
16
section in relation to the school for the year; and
17
(b) Subdivision A of this Division does not apply in relation to
18
the new approved authority in relation to the school.
19
63B Application of Subdivision A of this Division to the new
20
approved authority
21
(1) This section applies if:
22
(a) a determination under subsection 63A(2) is in force in
23
relation to a new approved authority for a transition school
24
for a year; and
25
(b) immediately before the new approved authority became the
26
approved authority for the transition school, Subdivision A of
27
this Division applied in relation to the authority for one or
28
more other participating schools for a year.
29
(2) Despite anything else in this Act, the following continue to apply
30
in relation to the new approved authority for those other
31
participating schools for the year to which the determination relates
32
as if the transition school were not specified in the authority's
33
approval:
34
Schedule 2 Amendments commencing on 1 January 2014
20
Australian Education Amendment Bill 2014
No. , 2014
(a) Subdivision A of this Division;
1
(b) any other provisions that relate to that Subdivision.
2