Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the law relating to education, and for related purposes
Administered by: Education, Employment and Workplace Relations
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 25 Sep 2008
Introduced HR 24 Sep 2008

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

  

  


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—Amendments 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 amendment                                                                              9

Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004          9

 


A Bill for an Act to amend the law relating to education, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Education Legislation Amendment Act 2008.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

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 passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Indigenous education

  

Indigenous Education (Targeted Assistance) Act 2000

1  Subsection 3(1)

Omit “2009”, substitute “2013”.

2  Section 4 (paragraph (b) of the definition of ABSTUDY approved course)

Omit “higher education institution”, substitute “higher education provider”.

3  Section 4 (definition of funding year)

Omit “2009”, substitute “2013”.

4  Section 4 (definition of higher education institution)

Repeal the definition.

5  Section 4

Insert:

higher education provider has the same meaning as in section 16‑1 of the Higher Education Support Act 2003.

6  After section 14A

Insert:

14B  Appropriations for non‑ABSTUDY payments—2009 to 2012 quadrennium

Appropriations—starting amounts

             (1)  Each amount specified in the following table (as increased in accordance with subsection (2)) is appropriated out of the Consolidated Revenue Fund for the purpose of making non‑ABSTUDY payments during the specified period.

 

Appropriations for non‑ABSTUDY 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

             (2)  The regulations may make provision for increasing an amount mentioned in the table in subsection (1) by reference to changes in a specified index.

7  Section 17A

Repeal the section, substitute:

17A  Annual report

                   As soon as practicable after the end of each funding year, the Minister must cause to be laid before each House of the Parliament a report dealing, in relation to the year, with payments and performance information under agreements made under this Act.

8  Application

The amendment made by item 7 of this Schedule applies in relation to the 2009 funding year and later funding years.


 

Schedule 2Amendments consequential on the Schools Assistance Act 2008

  

Australian Technical Colleges (Flexibility in Achieving Australia’s Skills Needs) Act 2005

1  Section 3 (definition of government school)

Repeal the definition, substitute:

government school, in relation to a State, means a school in the State that is conducted by or on behalf of the Government of the State.

2  Section 3 (definition of non‑government school)

Omit “Schools Assistance Act”, substitute “Schools Assistance Act 2008”.

3  Section 3 (definition of school)

Omit “Schools Assistance Act”, substitute “Schools Assistance Act 2008”.

4  Section 3 (definition of Schools Assistance Act)

Repeal the definition.

5  Subparagraph 7(2)(a)(i)

Omit “Part 6 of the Schools Assistance Act”, substitute “Parts 4 and 5 of the Schools Assistance Act 2008”.

6  Subparagraph 7(2)(a)(ii)

Omit “that Part”, substitute “those Parts”.

7  Transitional provision

(1)        This item applies in relation to an agreement that, immediately before the commencement of this item:

                     (a)  was of the type mentioned in subsection 7(2) of the Australian Technical Colleges (Flexibility in Achieving Australia’s Skills Needs) Act 2005; and

                     (b)  included a condition of the type mentioned in paragraph (a) of that subsection.

(2)        The condition has effect, from the commencement of this item, as if it were a condition of the type mentioned in that paragraph as amended by this Schedule.

Indigenous Education (Targeted Assistance) Act 2000

8  Paragraph 11D(1)(b)

Repeal the paragraph, substitute:

                     (b)  an Education Assistance Act (within the meaning of the Schools Assistance Act 2008);

9  Subparagraphs 11D(1)(c)(i) and (ii)

Omit “State Grants Act”, substitute “Education Assistance Acts”.

Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004

10  Subsection 3(2)

Repeal the subsection, substitute:

             (2)  Financial assistance may be paid to the States for both government and non‑government schools in the States for the 2005 to 2008 calendar years for grants for the following:

                     (a)  general recurrent expenditure;

                     (b)  capital expenditure;

                     (c)  expenditure for certain other specific purposes.

11  Section 4 (definition of program year)

Repeal the definition, substitute:

program year means the 2005, 2006, 2007 or 2008 calendar year.

12  Subsection 138(1)

Omit “, 2008, 2009, 2010 and 2011”, substitute “and 2008”.

13  Schedule 3 (table items 5, 6 and 7)

Repeal the items.

14  Schedule 3 (note 1)

Omit “Note 1”, substitute “Note”.

15  Schedule 3 (note 2)

Repeal the note.

16  Schedule 5 (table items 5, 6 and 7)

Repeal the items.

17  Schedule 5 (note 1)

Omit “Note 1”, substitute “Note”.

18  Schedule 5 (note 2)

Repeal the note.


 

Schedule 3Repeal of the States Grants (Primary and Secondary Education Assistance) Act 2000

  

1  The whole of the Act

Repeal the Act.


 

Schedule 4Technical amendment

  

Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004

1  Subsection 50(1) (note 2)

Omit “131”, substitute “132”.

Note:       This item corrects an incorrect cross‑reference.