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Act No. 68 of 2013 as amended, taking into account amendments up to Australian Education Amendment Act 2017
An Act to deal with consequential and transitional matters in connection with the Australian Education Act 2013, and for related purposes
Administered by: Education, Skills and Employment
Registered 02 Jan 2018
Start Date 01 Jan 2018
Table of contents.

Commonwealth Coat of Arms of Australia

Australian Education (Consequential and Transitional Provisions) Act 2013

No. 68, 2013

Compilation No. 2

Compilation date:                              1 January 2018

Includes amendments up to:            Act No. 78, 2017

Registered:                                         2 January 2018

 

About this compilation

This compilation

This is a compilation of the Australian Education (Consequential and Transitional Provisions) Act 2013 that shows the text of the law as amended and in force on 1 January 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

 


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 1

Schedule 1—Amendments                                                                                                3

Federal Financial Relations Act 2009                                                                    3

Schools Assistance Act 2008                                                                                     4

Schedule 2—Transitional provisions                                                                          5

Endnotes                                                                                                                                    10

Endnote 1—About the endnotes                                                                            10

Endnote 2—Abbreviation key                                                                                12

Endnote 3—Legislation history                                                                             13

Endnote 4—Amendment history                                                                           14


An Act to deal with consequential and transitional matters in connection with the Australian Education Act 2013, and for related purposes

1  Short title

                   This Act may be cited as the Australian Education (Consequential and Transitional Provisions) Act 2013.

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 this Act receives the Royal Assent.

27 June 2013

2.  Schedules 1 and 2

At the same time as the Australian Education Act 2013 commences.

1 January 2014

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be 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 1Amendments

  

Federal Financial Relations Act 2009

1  Section 11

Repeal the section.

2  Subsections 12(3), 13(3) and 14(3) (notes)

Repeal the notes.

3  Section 15

Repeal the section.

4  Transitional provisions

(1)       Section 11 of the FFR Act continues to apply (subject to subitem (3)) in relation to the financial year starting on 1 July 2013 despite the repeal of that section by this Schedule.

(2)       To avoid doubt, the Minister may do the following in relation to that financial year after section 11 has been repealed:

                     (a)  make a determination under subsection 11(4) or (5);

                     (b)  if a State has been paid less than the amount that, under section 11, it was entitled to receive for that financial year—make a payment to the State under that section of an amount equal to the shortfall.

(3)       The total amount of all financial assistance payable under subsection 11(1) of the FFR Act to the States for that financial year is half the amount worked out in accordance with paragraph 11(2)(c) of that Act.

(4)       Subitem (3) does not apply in relation to subsection 65(6) (amount payable for non‑participating schools) of the Australian Education Act 2013.

(5)       In this item:

            FFR Act means the Federal Financial Relations Act 2009.

            State has the meaning given by the Federal Financial Relations Act 2009.

Schools Assistance Act 2008

5  Paragraph 3(3)(b)

Omit “2014”, substitute “2013”.

6  Section 4 (paragraph (b) of the definition of program year)

Omit “, 2013 or 2014”, substitute “or 2013”.

Schedule 2Transitional provisions

  

1  Definitions

(1)       In this Schedule:

            the new Act means the Australian Education Act 2013.

            the old Act means the Schools Assistance Act 2008.

(2)       Expressions used in this Schedule that are defined for the purposes of the new Act, and used in relation to the new Act, have the same meaning as in the new Act.

(3)       Expressions used in this Schedule that are defined for the purposes of the old Act, and used in relation to the old Act, have the same meaning as in the old Act.

2  Approved authorities for non‑government schools

(1)       This item applies in relation to a body that was an approved authority under the old Act on 31 December 2013.

Deemed approval

(2)       If the body was an approved authority for an approved school system, then for the purposes of the new Act, the Minister is taken to have approved, under subsection 73(1) of that Act, the body to be an approved authority for each approved school that was a member of the system on 31 December 2013.

(3)       If the body was an approved authority for an approved non‑systemic school, then for the purposes of the new Act, the Minister is taken to have approved, under subsection 73(1) of that Act, the body to be an approved authority for the school.

When approval is taken to be in force

(4)       An approval under this item is taken to be in force on and after 1 January 2014.

Things taken to be specified in deemed approval

(5)       For the purposes of section 79 (limitation on approval) of the new Act, the following things are taken to be specified in an approval of an approved authority that is taken to be in force under this item:

                     (a)  each approved school for which the authority is taken to be approved;

                     (b)  each location that, on 31 December 2013, was approved for each such school;

                     (c)  each level of education that, on 31 December 2013, was approved for each such location.

3  Non‑bodies corporate

(1)       Despite subsection 75(2) of the new Act, an approved authority that:

                     (a)  is taken to be an approved authority for the purposes of the new Act under item 2 of this Schedule; and

                     (b)  was not a body corporate on 31 December 2013;

is required to be a body corporate only on and after 1 January 2015.

(2)       If:

                     (a)  an approved authority is taken to be an approved authority (the new approved authority) for the purposes of the new Act under item 2 of this Schedule; and

                     (b)  the new approved authority becomes a body corporate before 1 January 2015;

then for the purposes of the new Act, the body corporate is taken to be the new approved authority.

Note:       The effect of subitem (2) is that if the new approved authority was originally covered by section 59, 61 or 62 of the new Act (transitional recurrent funding for participating schools), those provisions will continue to apply to the body corporate even though it is a new legal entity.

4  Applications for approved authorities that have not been dealt with by 31 December 2013

(1)       This item applies if:

                     (a)  a body applies for the purposes of the old Act to be approved as an approved authority for a school; and

                     (b)  a decision on the application has not been made by 31 December 2013.

(2)       For the purposes of the new Act, the application is taken to have been made under section 72 of the new Act.

(3)       Despite subsection 73(6) of the new Act, a day specified under that subsection in relation to an application that is taken, under this item, to have been made under section 72 of the new Act must not be earlier than 1 January 2014.

5  Approved authorities for government schools

(1)       For the purposes of the new Act, the Minister is taken to have approved, under subsection 73(1) of that Act, a State or Territory to be the approved authority for government schools located in the State or Territory.

When approval is taken to be in force

(2)       An approval under this item is taken to be in force on and after 1 January 2014.

Things taken to be specified in deemed approval

(3)       For the purposes of section 79 (limitation on approval) of the new Act, the following things are taken to be specified in an approval of an approved authority for government schools located in a State or Territory that is taken to be in force under this item:

                     (a)  each school for which the authority is taken to be approved;

                     (b)  each location that, on 31 December 2013, was approved by the State or Territory for each government school;

                     (c)  each level of education that, on 31 December 2013, was approved by the State or Territory for each location.

6  Block grant authorities

(1)       This item applies in relation to a body corporate that was a block grant authority under the old Act on 31 December 2013.

Deemed approval

(2)       For the purposes of the new Act, the Minister is taken to have approved, under subsection 83(1) of that Act, the body to be a block grant authority for each school in relation to which the body was, on 31 December 2013, a block grant authority under the old Act.

When approval is taken to be in force

(3)       An approval under this item is taken to be in force on and after 1 January 2014.

Things taken to be specified in deemed approval

(4)       For the purposes of section 86 (limitation on approval) of the new Act, the schools referred to in subitem (2) are taken to be specified in the approval of the block grant authority that is taken to be in force under this item.

7  No notice of decision required

Section 119 (notice of decision) of the new Act does not apply in relation to an approval that is taken to be in force under this Schedule.

8  Variation or revocation of deemed approvals

This Schedule does not prevent an approval that is taken to be in force under this Schedule from being varied or revoked.

10  Majority Aboriginal and Torres Strait Islander schools

For the purposes of the definition of majority Aboriginal and Torres Strait Islander school in section 8 of the new Act, a school’s census day for 2013 is the schools census day for the school for that year under the old Act.

11  SES scores

(1)       If a determination of a school’s SES score is in force under subsection 72(2) of the old Act on 31 December 2013, then for the purposes of the new Act, the determination is taken to have been made for the school under section 52 of the new Act.

(2)       A determination that is taken to have been made under subitem (1) is not a reviewable decision.

(3)       A determination under this item is taken to be in force on and after 1 January 2014.

(4)       Subitem (1) does not prevent a new determination being made for the school under section 52 of the new Act.

12  Regulations

(1)       Before 1 January 2015, regulations made under section 130 of the new Act may prescribe modifications of the operation of that Act that are necessary or convenient to deal with transitional matters arising from the enactment of that Act.

(2)       Without limiting subitem (1), a modification of the operation of that Act may result in a different amount of financial assistance being payable under that Act.

(3)       Subsection 130(5) of the new Act (requirement to consult Ministerial Council) does not apply in relation to any regulations made before 1 January 2014.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Australian Education (Consequential and Transitional Provisions) Act 2013

68, 2013

27 June 2013

Sch 1 and 2: 1 Jan 2014 (s 2(1) item 2)
Remainder: 27 June 2013 (s 2(1) item 1)

 

Australian Education Amendment Act 2014

120, 2014

26 Nov 2014

Sch 1 (item 44): 27 Nov 2014 (s 2(1) item 2)

Australian Education Amendment Act 2017

78, 2017

27 June 2017

Sch 1 (item 108): 1 Jan 2018 (s 2(1) item 4)
Sch 1 (item 109): 27 June 2017 (s 2(1) item 5)

Sch 1 (item 109)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Schedule 2

 

item 9................................

am No 120, 2014

 

rep No 78, 2017