Commonwealth of Australia Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
EDUCATION LEGISLATION AMENDMENT BILL 2008
C:\WINDOWS\TEMP\aphdata_temp\5319e0c7-b0b3-4c24-a7d5-a8795f2b20f4\08171em.html
31/10/2008 4:35 PM
2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Education Legislation Amendment Bill
2008
No. , 2008
(Education, Employment and Workplace Relations)
A Bill for an Act to amend the law relating to
education, and for related purposes
i Education Legislation Amendment Bill 2008 No. , 2008
C:\WINDOWS\TEMP\aphdata_temp\5319e0c7-b0b3-4c24-a7d5-a8795f2b20f4\08171em.html
31/10/2008 4:35 PM
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Indigenous education
3
Indigenous Education (Targeted Assistance) Act 2000
3
Schedule 2--Amendme nts consequential on the Schools
Assistance Act 2008
5
Australian Technical Colleges (Flexibility in Achieving Australia's
Skills Needs) Act 2005
5
Indigenous Education (Targeted Assistance) Act 2000
6
Schools Assistance (Learning Together--Achievement Through
Choice and Opportunity) Act 2004
6
Schedule 3--Repeal of the States Grants (Primary and
Secondary Education Assistance) Act 2000
8
Schedule 4--Technical amendme nt
9
Schools Assistance (Learning Together--Achievement Through
Choice and Opportunity) Act 2004
9
Education Legislation Amendment Bill 2008 No. , 2008 1
C:\WINDOWS\TEMP\aphdata_temp\5319e0c7-b0b3-4c24-a7d5-a8795f2b20f4\08171em.html
31/10/2008 4:35 PM
A Bill for an Act to amend the law relating to
1
education, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Education Legislation Amendment Act
5
2008.
6
2 Commence ment
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 Education Legislation Amendment Bill 2008 No. , 2008
C:\WINDOWS\TEMP\aphdata_temp\5319e0c7-b0b3-4c24-a7d5-a8795f2b20f4\08171em.html
31/10/2008 4:35 PM
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1
The day on which this Act receives the
Royal Assent.
3. Schedules 2
and 3
At the same time as the Schools Assistance
Act 2008 commences.
4. Schedule 4
The day on which this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act 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
12
Indigenous education Schedule 1
Education Legislation Amendment Bill 2008 No. , 2008 3
C:\WINDOWS\TEMP\aphdata_temp\5319e0c7-b0b3-4c24-a7d5-a8795f2b20f4\08171em.html
31/10/2008 4:35 PM
1
Schedule 1
--
Indigenous education
2
3
Indigenous Education (Targeted Assistance) Act 2000
4
1 Subsection 3(1)
5
Omit "2009", substitute "2013".
6
2 Section 4 (paragraph (b) of the definition of ABSTUDY
7
approved course)
8
Omit "higher education institution", substitute "higher education
9
provider".
10
3 Section 4 (definition of funding year)
11
Omit "2009", substitute "2013".
12
4 Section 4 (definition of higher education institution)
13
Repeal the definition.
14
5 Section 4
15
Insert:
16
higher education provider has the same meaning as in section 16-1
17
of the Higher Education Support Act 2003.
18
6 After section 14A
19
Insert:
20
14B Appropriations for non-ABSTUDY payments--2009 to 2012
21
quadrennium
22
Appropriations--starting amounts
23
(1) Each amount specified in the following table (as increased in
24
accordance with subsection (2)) is appropriated out of the
25
Consolidated Revenue Fund for the purpose of making
26
non-ABSTUDY payments during the specified period.
27
28
Schedule 1 Indigenous education
4 Education Legislation Amendment Bill 2008 No. , 2008
C:\WINDOWS\TEMP\aphdata_temp\5319e0c7-b0b3-4c24-a7d5-a8795f2b20f4\08171em.html
31/10/2008 4:35 PM
Appropriations for non-ABS TUDY payments
Item
Starting amount
for the period starting on
...
and ending on ...
1
$159,430,000
1 January 2009
30 June 2010
2
$163,778,000
1 January 2010
30 June 2011
3
$159,559,000
1 January 2011
30 June 2012
4
$157,731,000
1 January 2012
30 June 2013
Increasing starting amounts
1
(2) The regulations may make provision for increasing an amount
2
mentioned in the table in subsection (1) by reference to changes in
3
a specified index.
4
7 Section 17A
5
Repeal the section, substitute:
6
17A Annual report
7
As soon as practicable after the end of each funding year, the
8
Minister must cause to be laid before each House of the Parliament
9
a report dealing, in relation to the year, with payments and
10
performance information under agreements made under this Act.
11
8 Application
12
The amendment made by item 7 of this Schedule applies in relation to
13
the 2009 funding year and later funding years.
14
15
Amend ments consequential on the Schools Assistance Act 2008 Schedule 2
Education Legislation Amendment Bill 2008 No. , 2008 5
C:\WINDOWS\TEMP\aphdata_temp\5319e0c7-b0b3-4c24-a7d5-a8795f2b20f4\08171em.html
31/10/2008 4:35 PM
1
Schedule 2
--
Amendments consequential on
2
the Schools Assistance Act 2008
3
4
Australian Technical Colleges (Flexibility in Achieving
5
Australia's Skills Needs) Act 2005
6
1 Section 3 (definition of government school)
7
Repeal the definition, substitute:
8
government school, in relation to a State, means a school in the
9
State that is conducted by or on behalf of the Government of the
10
State.
11
2 Section 3 (definition of non-government school)
12
Omit "Schools Assistance Act", substitute "Schools Assistance Act
13
2008".
14
3 Section 3 (definition of school)
15
Omit "Schools Assistance Act", substitute "Schools Assistance Act
16
2008".
17
4 Section 3 (definition of Schools Assistance Act)
18
Repeal the definition.
19
5 Subparagraph 7(2)(a)(i)
20
Omit "Part 6 of the Schools Assistance Act", substitute "Parts 4 and 5
21
of the Schools Assistance Act 2008".
22
6 Subparagraph 7(2)(a)(ii)
23
Omit "that Part", substitute "those Parts".
24
7 Transitional provision
25
(1)
This item applies in relation to an agreement that, immediately before
26
the commencement of this item:
27
Schedule 2 A mendments consequential on the Schools Assistance Act 2008
6 Education Legislation Amendment Bill 2008 No. , 2008
C:\WINDOWS\TEMP\aphdata_temp\5319e0c7-b0b3-4c24-a7d5-a8795f2b20f4\08171em.html
31/10/2008 4:35 PM
(a) was of the type mentioned in subsection 7(2) of the
1
Australian Technical Colleges (Flexibility in Achieving
2
Australia's Skills Needs) Act 2005; and
3
(b) included a condition of the type mentioned in paragraph (a)
4
of that subsection.
5
(2)
The condition has effect, from the commencement of this item, as if it
6
were a condition of the type mentioned in that paragraph as amended by
7
this Schedule.
8
Indigenous Education (Targeted Assistance) Act 2000
9
8 Paragraph 11D(1)(b)
10
Repeal the paragraph, substitute:
11
(b) an Education Assistance Act (within the meaning of the
12
Schools Assistance Act 2008);
13
9 Subparagraphs 11D(1)(c)(i) and (ii)
14
Omit "State Grants Act", substitute "Education Assistance Acts".
15
Schools Assistance (Learning Together--Achievement
16
Through Choice and Opportunity) Act 2004
17
10 Subsection 3(2)
18
Repeal the subsection, substitute:
19
(2) Financial assistance may be paid to the States for both government
20
and non-government schools in the States for the 2005 to 2008
21
calendar years for grants for the following:
22
(a) general recurrent expenditure;
23
(b) capital expenditure;
24
(c) expenditure for certain other specific purposes.
25
11 Section 4 (definition of program year)
26
Repeal the definition, substitute:
27
program year means the 2005, 2006, 2007 or 2008 calendar year.
28
12 Subsection 138(1)
29
Amend ments consequential on the Schools Assistance Act 2008 Schedule 2
Education Legislation Amendment Bill 2008 No. , 2008 7
C:\WINDOWS\TEMP\aphdata_temp\5319e0c7-b0b3-4c24-a7d5-a8795f2b20f4\08171em.html
31/10/2008 4:35 PM
Omit ", 2008, 2009, 2010 and 2011", substitute "and 2008".
1
13 Schedule 3 (table items 5, 6 and 7)
2
Repeal the items.
3
14 Schedule 3 (note 1)
4
Omit "Note 1", substitute "Note".
5
15 Schedule 3 (note 2)
6
Repeal the note.
7
16 Schedule 5 (table items 5, 6 and 7)
8
Repeal the items.
9
17 Schedule 5 (note 1)
10
Omit "Note 1", substitute "Note".
11
18 Schedule 5 (note 2)
12
Repeal the note.
13
14
Schedule 3 Repeal of the States Grants (Primary and Secondary Education Assistance)
Act 2000
8 Education Legislation Amendment Bill 2008 No. , 2008
C:\WINDOWS\TEMP\aphdata_temp\5319e0c7-b0b3-4c24-a7d5-a8795f2b20f4\08171em.html
31/10/2008 4:35 PM
1
Schedule 3
--
Repeal of the States Grants
2
(Primary and Secondary Education
3
Assistance) Act 2000
4
5
1 The whole of the Act
6
Repeal the Act.
7
8
Technical amend ment Schedule 4
Education Legislation Amendment Bill 2008 No. , 2008 9
C:\WINDOWS\TEMP\aphdata_temp\5319e0c7-b0b3-4c24-a7d5-a8795f2b20f4\08171em.html
31/10/2008 4:35 PM
1
Schedule 4
--
Technical amendment
2
3
Schools Assistance (Learning Together--Achievement
4
Through Choice and Opportunity) Act 2004
5
1 Subsection 50(1) (note 2)
6
Omit "131", substitute "132".
7
Note:
This item corrects an incorrect cross-reference.
8