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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Education Amendment
(Direct Measure of Income) Bill 2020
No. , 2020
(Education)
A Bill for an Act to amend the
Australian Education
Act 2013
, and for related purposes
No. , 2020
Australian Education Amendment (Direct Measure of Income) Bill
2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Australian Education Act 2013
3
No. , 2020
Australian Education Amendment (Direct Measure of Income) Bill
2020
1
A Bill for an Act to amend the
Australian Education
1
Act 2013
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Australian Education Amendment (Direct Measure
5
of Income) Act 2020
.
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 (Direct Measure of Income) Bill
2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule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
Schedule 1
No. , 2020
Australian Education Amendment (Direct Measure of Income) Bill
2020
3
Schedule 1--Amendments
1
2
Australian Education Act 2013
3
1 Section 4
(paragraph beginning "The formula produces")
4
Omit "(called transitioning schools) will move to that share over a
5
period of 6 to 10 years", substitute "will move to that share over a
6
period of transition years".
7
2 Section 4
(paragraph beginning "The Minister can
8
determine")
9
Omit "for transitioning schools for 6 to 10 years", substitute "for
10
schools for transition years for the schools".
11
3 Section 6
12
Insert:
13
6-year transitioning government school
means a transitioning
14
government school whose starting Commonwealth share is less
15
than its final Commonwealth share.
16
4 Section 6 (definition of
6-year transitioning school
)
17
Repeal the definition.
18
5 Section 6 (definition of
Commonwealth share
)
19
Repeal the definition, substitute:
20
Commonwealth share
:
21
(a) for a school not covered by paragraph (b) or (c)--has the
22
meaning given by section 35A; and
23
(b) for a transitioning government school for a transition year for
24
the school--has the meaning given by subsection 35B(1);
25
and
26
(c) for a non-government school for a transition year for the
27
school--has the meaning given by section 35C.
28
Schedule 1
Amendments
4
Australian Education Amendment (Direct Measure of Income) Bill
2020
No. , 2020
6 Section 6
1
Insert:
2
CTC score
: a school's
CTC score
is the number determined by the
3
Minister under subsection 52(1).
4
7 Section 6 (definition of
majority Aboriginal and Torres
5
Strait Islander school
)
6
Omit "8(1) and (2)", substitute "8(1), (2) and (3)".
7
8 Section 6 (definition of
SES score
)
8
Repeal the definition.
9
9 Section 6
10
Insert:
11
transitioning government school
means:
12
(a) a government school for which financial assistance was
13
payable under Part 3 or 4 of this Act for 2017; or
14
(b) a government school prescribed by the regulations.
15
10 Section 6 (definition of
transitioning school
)
16
Repeal the definition.
17
11 Section 6 (paragraph (a) of the definition of
transition
18
year
)
19
Omit "school other than a 6-year transitioning school", substitute
20
"government school other than a 6-year transitioning government
21
school".
22
12 Section 6 (paragraph (b) of the definition of
transition
23
year
)
24
Omit "6-year transitioning school", substitute "6-year transitioning
25
government school".
26
13 Section 6 (at the end of the definition of
transition year
)
27
Add:
28
Amendments
Schedule 1
No. , 2020
Australian Education Amendment (Direct Measure of Income) Bill
2020
5
; or (c) for a non-government school--a year from 2020 to a year, no
1
later than 2029, prescribed by the regulations for the school.
2
14 Paragraphs 8(1)(b) and (2)(b)
3
After "the previous year were", insert ", or for the year are,".
4
15 At the end of section 8
5
Add:
6
(3) The Minister may determine, in writing, that a school is also a
7
majority Aboriginal and Torres Strait Islander school
for a year if
8
the Minister is satisfied that the school is likely to be a majority
9
Aboriginal and Torres Strait Islander school under subsection (1)
10
or (2) for the year.
11
(4) A determination
made under subsection (3) is not a legislative
12
instrument.
13
16 Section
31 (paragraph beginning "Financial assistance for
14
schools")
15
Omit "(called transitioning schools) will move to that share over a
16
period of 6 to 10 years", substitute "will move to that share over a
17
period of transition years".
18
17 Section 35A
19
Omit "section 35B", substitute "sections 35B and 35C".
20
18 Section 35B (heading)
21
Omit "
transitioning schools
", substitute "
transitioning government
22
schools
".
23
19 Subsection 35B(1)
24
Omit "transitioning school", substitute "transitioning government
25
school".
26
20 At the end of subsection 35B(4)
27
Add:
28
Note:
The expression
SES score
was defined in this Act as previously in
29
force in relation to 2017.
30
Schedule 1
Amendments
6
Australian Education Amendment (Direct Measure of Income) Bill
2020
No. , 2020
21 Paragraphs 35B(5)(a) and (b)
1
Omit "transitioning school", substitute "transitioning government
2
school".
3
22 Paragraph 35B(6)(a)
4
Omit "transitioning school", substitute "transitioning government
5
school".
6
23 Subsection 35B(7)
7
Omit "6-year transitioning school", substitute "6-year transitioning
8
government school".
9
24 Subsection 35B(7A)
10
Omit "6-year transitioning school", substitute "6-year transitioning
11
government school".
12
25 At the end of Division 2 of Part 3
13
Add:
14
35C Commonwealth share for transitioning non-government schools
15
The regulations may prescribe a percentage, or a method to work
16
out a percentage, for a non-government school for a transition year
17
for the school that is the
Commonwealth share
for the school for
18
the transition year.
19
26 Section 52 (heading)
20
Omit "
SES scores
", substitute "
CTC scores
".
21
27 Subsection 52(1)
22
Repeal the subsection (not including the note), substitute:
23
(1) The Minister must (subject to subsection (6)) determine, in writing,
24
the
CTC score
for a school.
25
Amendments
Schedule 1
No. , 2020
Australian Education Amendment (Direct Measure of Income) Bill
2020
7
28 Subsection 52(4)
1
Omit "an SES score that does not accurately reflect the general
2
socioeconomic circumstances of the persons responsible for students at
3
the school", substitute "a CTC score that does not accurately reflect the
4
capacity of the persons responsible for students at the school to
5
contribute financially to the operation of the school".
6
29 Subsection 52(5)
7
Omit "SES score" (wherever occurring), substitute "CTC score".
8
30 Subsections 53(1) and (2)
9
Omit "SES score", substitute "CTC score".
10
31 Subsection 54(2)
11
Omit "SES score", substitute "CTC score".
12
32 Subsection 54(3)
13
Omit "SES score", substitute "CTC score".
14
33 Subsection 54(3) (table, heading to column 1)
15
Omit "
SES score
", substitute "
CTC score
".
16
34 Section
66 (paragraph beginning with "The Minister may
17
also determine")
18
Omit "transitioning schools for the years 2018 to 2027", substitute
19
"schools for transition years for the schools".
20
35 Subsection 69B(1)
21
Omit "transitioning school for a year from 2018 to 2027 (inclusive)",
22
substitute "school for a transition year for the school".
23
36 Subsection 118(1) (before table item 2)
24
Insert:
25
26
1
To determine a
school is also a
majority Aboriginal
and Torres Strait
Subsection 8(3)
The approved authority
for the school
Schedule 1
Amendments
8
Australian Education Amendment (Direct Measure of Income) Bill
2020
No. , 2020
Islander school for a
year
1
37 Subsection 118(1) (table item 4, column 1)
2
Omit "SES score", substitute "CTC score".
3
38 After section 125
4
Insert:
5
125A GST-inclusive payments
6
(1) If:
7
(a) an amount is payable to a State or Territory in accordance
8
with a determination made under:
9
(i) section 25 (timing and amounts of recurrent funding); or
10
(ii) paragraph 28(1)(b) (capital funding for block grant
11
authorities); or
12
(iii) paragraph 29(1)(aa) (funding in prescribed
13
circumstances); and
14
(b) the amount is payable in relation to an acquisition (within the
15
meaning of the
A New Tax System (Goods and Services Tax)
16
Act 1999
); and
17
(c) either:
18
(i) an input tax credit (within the meaning of that Act)
19
would arise for that acquisition; or
20
(ii) a decreasing adjustment (within the meaning of that
21
Act) would arise for that acquisition;
22
the amount is to be increased by the amount of the input tax credit
23
or the amount of the decreasing adjustment, as the case requires.
24
Example: If an amount of $10 is payable to a State or Territory in accordance
25
with a determination made under section 25 in relation to an
26
acquisition (within the meaning of the
A New Tax System (Goods and
27
Services Tax) Act 1999
) for which an input tax credit (within the
28
meaning of that Act) would arise, the amount payable is to be
29
increased to $11. The amount of $11 reflects an increase of $1 on the
30
amount determined, since $1 is the amount of the input tax credit that
31
would arise.
32
Amendments
Schedule 1
No. , 2020
Australian Education Amendment (Direct Measure of Income) Bill
2020
9
(2) An increase under subsection (1) is to be disregarded for the
1
purposes of applying any limit in this Act.
2
(3) An increase under subsection (1) is to be disregarded for the
3
purposes of section 9 (definition of overpayment).
4
39 Section 126
5
Before "The Consolidated Revenue Fund", insert "(1)".
6
40 At the end of section 126
7
Add:
8
(2) The Consolidated Revenue Fund is appropriated for the purposes
9
of paying an increase under subsection 125A(1).
10
41 Application provision
--funding for 2020 and later years
11
The amendments of the
Australian Education Act 2013
made by this
12
Schedule (other than items 38, 39 and 40) apply in relation to financial
13
assistance for the 2020 year and later years.
14
42 Transitional
--transition adjustment funding
15
A determination made under subsection 69B(1) of the
Australian
16
Education Act 2013
that is in force immediately before the
17
commencement of this Schedule continues in force as if it had been
18
made under that subsection as amended by this Act.
19