Commonwealth Numbered Regulations Commonwealth Numbered Regulations
Australian Education Regulation 2013
Insert:
"Capital Grants Program Guidelines means the Capital Grants Program Guidelines" issued by the Department, as in force from time to time.
Note: The Capital Grants Program Guidelines could in 2018 be viewed on the Department's website (http://www.education.gov.au).
"commit to spend" , for an approved authority, block grant authority or non-government representative body and in relation to financial assistance payable to the authority or body under the Act, includes the authority or body committing to spend financial assistance in circumstances where:
(a) either:
(i) the authority or body has entered into a legal arrangement under which the authority or body will be liable to pay an amount; or
(ii) an amount will become due or payable under a liability under a law of the Commonwealth, a State or a Territory that the authority or body is required to meet; and
(b) the time for paying the amount has not yet arisen; and
(c) the authority or body sets aside all, or part of, the financial assistance to pay the amount.
2 Sections 7 and 8
Repeal the sections, substitute:
(1) For the purposes of section 15 of the Act, the levels of education that constitute primary education for a school other than a special school are:
(a) for schools in South Australia other than those specified in the table in clause 1 of Schedule 3--foundation to year 7; and
(b) for all other schools (including those specified in that table)--foundation to year 6.
(2) For the purposes of section 15 of the Act, the levels of education that constitute secondary education for a school other than a special school are:
(a) for schools in South Australia other than those specified in the table in clause 1 of Schedule 3--years 8 to 12; and
(b) for all other schools (including those specified in that table)--years 7 to 12.
3 Subsection 9(1)
Omit all the words after "provided", substitute "to students aged 4 to 11 at the school".
4 Subsection 9(2)
Omit all the words after "provided", substitute "to students aged 12 to 21 at the school".
5 At the end of section 10
Add:
Agreements relating to school education
(6) For the purposes of subsection 22(3) of the Act, the agreement known as School Funding and Reform Principles is prescribed for the 2018 calendar year.
6 Before section 17
Insert:
16A Starting Commonwealth share
For the purposes of subsection 35B(2) of the Act, the starting Commonwealth share for a school specified in column 1 of an item in the table in clause 1 of Schedule 4 is the percentage specified in column 2 of the item.
Note: This section applies to certain schools if, in 2017, the schools' approved authorities were not approved system authorities.
7 Paragraph 29(2)(f)
Repeal the paragraph.
8 Subsection 29(2) (note)
Repeal the note.
9 Paragraph 29(3)(a)
Repeal the paragraph, substitute:
(a) as security for any form of loan, credit, payment or other interest; or
10 At the end of subsection 29(3)
Add:
; or (c) for a school other than a school whose capacity to contribute percentage is 0%--on any of the following:
(i) the purchase of land or a building for the school;
(ii) the construction of a building or a part of the building for the school;
(iii) capital improvements for the school;
(iv) any form of loan, credit or other interest in relation to expenditure mentioned in subparagraphs (i) to (iii).
Note: See subsection 54(1) of the Act for schools whose capacity to contribute percentage is 0%.
11 After subsection 29(3)
Insert:
(3A) The restriction in subparagraph (3)(c)(iv) does not extend to interest payments on the forms of loan, credit or other interest mentioned in that subparagraph.
12 Paragraph 30(1)(a)
Omit "for the purpose of capital expenditure relating to the provision of school education at", substitute "on capital expenditure in relation to".
13 Paragraph 30(1)(b)
Repeal the paragraph, substitute:
(b) in accordance with:
(i) any written directions of the Minister; and
(ii) the Capital Grants Program Guidelines.
14 Paragraph 30(3A)(b)
Repeal the paragraph, substitute:
(b) in accordance with:
(i) any written directions of the Minister; and
(ii) the Capital Grants Program Guidelines.
15 Subsection 30(4)
Omit all the words after "expenditure", substitute:
in relation to a school for which the block grant authority is approved, in accordance with:
(a) any written directions of the Minister; and
(b) the Capital Grants Program Guidelines.
16 Subparagraph 34(3)(a)(i)
Omit "for", substitute "in".
17 Subsection 36(1)
Omit ", block grant authority or non-government representative body".
18 Paragraph 36(1)(a)
Omit "or body".
19 Paragraph 36(1)(c)
Omit "or body,".
20 Paragraph 36(1)(d)
Omit "or body, and the school, has", substitute "and the school have".
21 Paragraph 36(1)(e)
Omit "or body".
22 Paragraph 36(1)(e)
Omit "authority or body's", substitute "authority's".
23 Subparagraph 36(1)(e)(vii)
Omit "for approved authorities--".
24 Paragraph 36(1)(f)
Omit "for an approved authority--".
25 Paragraph 36(2)(a)
Omit "or body".
26 At the end of section 36
Add:
(5) A block grant authority for a non-government school must give the Secretary a report or reports for each year in accordance with the Capital Grants Program Guidelines.
(6) A non-government representative body for a non-government school must give the Secretary a report or reports for each year in accordance with the Non-Government Reform Support Fund Guidelines.
27 Paragraph 38(a)
Omit "financial assistance paid in accordance with the Act to", substitute "money received by".
28 Subparagraphs 48(1)(b)(ii) and 50(1)(b)(iv)
Repeal the subparagraphs.
29 In the appropriate position in Part 8
Insert:
(1) Despite the amendments made by the Australian Education Amendment (2017 Measures No. 3) Regulations 2017 , this regulation, as in force immediately before the commencement of this section, continues to apply in relation to financial assistance for years before 2018.
(2) However, the amendments made by items 16 and 27 of that instrument apply in relation to 2017 and each later year.
30 Part 2 of Schedule 1 (heading)
Repeal the heading, substitute:
Part 2 -- Additional financial assistance and adjustment funding for non-government schools
31 Division 1 of Part 2 of Schedule 1 (heading)
Repeal the heading, substitute:
Division 1 -- Additional financial assistance for low-growth non-government schools for 2018
32 Paragraph 7(1)(c) of Schedule 1
Repeal the paragraph, substitute:
(c) the school's Commonwealth share for the relevant transition year is greater than 80%.
33 Subclause 7(2) of Schedule 1
Repeal the following definitions:
(a) definition of 2017 recurrent funding ;
(b) definition of per-student amount .
34 Subclauses 8(1) and (2) of Schedule 1
Repeal the subclauses, substitute:
Total amount of funding for relevant transition years
For the purposes of paragraph 69B(4)(a) of the Act, the total of the amounts determined by the Minister for the relevant transition years, taken together, in relation to the circumstances mentioned in clause 7, is $39.9 million.
35 Part 4 of Schedule 1 (heading)
Repeal the heading, substitute:
Part 4 -- Additional financial assistance for system weighted average SES schools for 2018
36 Schedule 2 (note to Schedule heading)
Omit "subclauses 5(3) and 7(2)", substitute "subclause 5(3)".
37 At the end of the instrument
Add: