Commonwealth Numbered Acts Commonwealth Numbered Acts1 Section 4
Omit:
The Minister can also determine funding for schools in special circumstances, and funding for non-government representative bodies for non-government schools.
substitute:
The Minister can determine funding for schools in special circumstances or if the Minister is satisfied that prescribed circumstances apply in relation to schools. The Minister can also determine funding for non-government representative bodies for non-government schools.
2 Section 4
Omit:
The Minister may require an amount to be repaid, reduce an amount that would otherwise be payable, or delay making a payment, if an amount is owed to the Commonwealth under this Act (or other similar Acts) or there is a failure to comply with a requirement of this Act.
substitute:
The Minister may require an amount to be repaid, reduce an amount that would otherwise be payable, or delay making a payment, if an amount is owed to the Commonwealth under this Act (or other similar Acts) or there is a failure to comply with particular requirements.
3 Subsection 9(6) (heading)
Repeal the heading, substitute:
Other funding for schools
4 Paragraph 9(6)(a)
Omit "section 29", substitute "paragraph 29(1)(a)".
5 After subsection 9(6)
Insert:
(6A) A payment is an overpayment under this Act if:
(a) the Commonwealth makes the payment to a State or Territory for a school for a year as a result of a determination made under paragraph 29(1)(aa); and
(b) the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the school for the year, exceeds the amount determined for the school for the year under section 69A.
6 Paragraph 21(e)
Omit "special circumstances funding", substitute "other funding for schools".
7 Paragraph 23(1)(d)
Omit "special circumstances funding", substitute "other funding for schools".
8 Section 29 (heading)
Repeal the heading, substitute:
29 Minister to determine timing and amounts of other funding for schools
9 Paragraph 29(1)(a)
Omit "Division 3 of Part 5", substitute "section 69".
10 After paragraph 29(1)(a)
Insert:
(aa) an amount or amounts of payments of financial assistance that have been determined under section 69A (funding in prescribed circumstances) to be payable to a State or Territory for a year for a school that is located in the State or Territory; and
11 Paragraph 29(1)(b)
Omit "paragraph (a)", substitute "paragraphs (a) and (aa)".
12 Part 5 (heading)
Repeal the heading, substitute:
Part 5 -- Capital and other funding
13 Section 66
Omit:
The Minister may also determine that financial assistance is payable for a school in special circumstances.
substitute:
The Minister may also determine that financial assistance is payable for a school in special circumstances or if the Minister is satisfied that prescribed circumstances apply in relation to the school.
14 Paragraph 68(1)(a)
Repeal the paragraph, substitute:
(a) for 2014--$134,496,000 (the base assistance amount ); and
15 Subparagraph 68(1)(b)(i)
After "amount", insert "for the year".
16 Subsection 68(2)
Omit "amount is", substitute "amount for a year is".
17 Division 3 of Part 5 (heading)
Repeal the heading, substitute:
Division 3 -- Other funding for schools
18 Subsection 69(1)
Omit "Division", substitute "section".
19 At the end of Division 3 of Part 5
Add:
69A Funding in prescribed circumstances
(1) The Minister may, in writing, determine an amount of financial assistance that is payable under this section to a State or Territory for a school for a year if the Minister is satisfied that prescribed circumstances apply in relation to the school for that year.
Note 1: The regulations may prescribe matters that the Minister may or must have regard to in making a decision under this subsection (see paragraph 130(2)(b)).
Note 2: Financial assistance provided under this section is appropriated by section 126.
(2) The regulations may do either or both of the following:
(a) prescribe an amount payable for a school for a year under a determination under subsection (1) or prescribe a method for working out that amount;
(b) prescribe a maximum amount that is payable for a school for a year under a determination under subsection (1) or prescribe a method for working out that maximum amount.
(3) The regulations may prescribe different amounts, or different methods for working out amounts, for different circumstances.
(4) The total of the amounts that the Minister determines under subsection (1) for a year in relation to particular prescribed circumstances must not exceed the amount:
(a) prescribed by the regulations; or
(b) worked out in accordance with a method prescribed by the regulations.
(5) A determination under subsection (1) is not a legislative instrument.
20 Paragraph 78(2)(a)
Omit "capital and special circumstances funding", substitute "capital funding and other funding for schools".
21 Part 8 (heading)
Repeal the heading, substitute:
Part 8 -- Taking action for non-compliance and requiring amounts to be repaid
22 Section 107
Omit "with this Act", substitute "with particular requirements".
23 Division 2 of Part 8 (heading)
Repeal the heading, substitute:
Division 2 -- Taking action for non-compliance and requiring amounts to be repaid
24 Section 108 (heading)
Repeal the heading, substitute:
108 Application of Division for non-compliance
25 At the end of section 108
Add:
; (g) an approved authority or block grant authority for one or more schools located in the State or Territory is not complying, or has not complied, with a requirement included in a funding agreement in accordance with Division 3 of Part 3 of the Schools Assistance Act 2008 that applies or applied to the authority.
26 At the end of subparagraph 109(3)(a)(ii)
Add "or a funding agreement under that Act".
27 At the end of subparagraph 109(3)(a)(iii)
Add "or a section 30 agreement (within the meaning of that Act)".
28 At the end of subparagraph 109(3)(a)(iv)
Add "or a section 18 agreement (within the meaning of that Act)".
29 Paragraph 111(3)(f)
Omit "special circumstances funding", substitute "other funding for schools".
30 At the end of section 112
Add:
(5) If the recoverable payment was purportedly made in accordance with a determination made under paragraph 29(1)(aa), then section 126 applies as if the recoverable payment were made in accordance with the determination.
31 Subsection 118(1) (table item 3, column 1)
Omit "or 5".
32 Subsection 118(1) (after table item 3)
Insert:
|
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)
After "in force", insert "(other than in accordance with an application by the authority)".
34 Subsection 118(1) (table item 11, column 1)
After "revokes the approval", insert "and that is not in accordance with an application by the authority".
35 Subsection 118(1) (table item 14, column 1)
After "in force", insert "(other than in accordance with an application by the authority)".
36 Subsection 118(1) (table item 17, column 1)
After "revokes the approval", insert "and that is not in accordance with an application by the authority".
37 Subsection 118(1) (table item 20, column 1)
After "in force", insert "(other than in accordance with an application by the body)".
38 Subsection 118(1) (table item 23, column 1)
After "revokes the approval", insert "and that is not in accordance with an application by the body".
39 Subsection 118(1) (table item 25)
Repeal the item, substitute:
|
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)
Omit "Section 110", substitute "Paragraph 110(1)(b)".
41 Subsection 118(1) (table item 27, column 2)
Omit "Section 110", substitute "Paragraph 110(1)(b)".
42 At the end of section 126 (before the note)
Add:
; or (c) paragraph 29(1)(aa) (funding in prescribed circumstances).
43 Section 126 (note)
After "paragraph 28(1)(b)", insert "or 29(1)(aa)".
Australian Education (Consequential and Transitional Provisions) Act 2013
44 Subitem 9(2) of Schedule 2
Omit "1 January 2015", substitute "1 January 2016 or such later date as the Minister specifies by legislative instrument made before 1 January 2016".
Part 2 -- Application provisions
45 Application of amendment--item 25 of this Schedule
The amendment made by item 25 of this Schedule applies in relation to a failure to comply with a requirement that occurs before, on or after the day this item commences.
46 Application of amendments--items 26 to 28 of this Schedule
The amendments made by items 26 to 28 of this Schedule apply in relation to an amount that is paid before, on or after the day this item commences.
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