Commonwealth Consolidated Acts

AUSTRALIAN EDUCATION ACT 2013

TABLE OF PROVISIONS

           Long Title
           Preamble

   PART 1--PRELIMINARY

           Division 1--Preliminary

   1.      Short title  
   2.      Commencement  
   3.      Objects of this Act  
   4.      Guide to this Act  
   5.      Binding the Crown  

           Division 2--Interpretation

   6.      Definitions  
   8.      Definition of majority Aboriginal and Torres Strait Islander school  
   9.      Definition of overpayment  
   11.     Definition of recoverable payment  
   11A.    Definition of SRS indexation factor  
   12.     Definition of total entitlement  
   13.     Definitions of kinds of schools based on location  
   15.     Levels of education  
   16.     Working out the number of students at a school for a year  
   18.     Minister to make determinations in relation to locations of schools  
   19.     Non - government schools providing only distance education  

   PART 2--GRANTS--OF FINANCIAL ASSISTANCE TO STATES AND TERRITORIES

   20.     Guide to this Part  
   21.     Financial assistance for schools  
   22.     Conditions of financial assistance--implementing national policy initiatives and agreements relating to school education  
   22A.    Conditions of financial assistance--State - Territory contributions  
   23.     Conditions of financial assistance--conditions relating to payments to States and Territories for non - government schools  
   24.     Condition of financial assistance--recovering amounts  
   25.     Minister to determine timing and amounts of recurrent funding  
   26.     Entitlement to recurrent funding  
   27.     Pro - rating of recurrent funding  
   28.     Minister to determine timing and amounts of capital funding  
   29.     Minister to determine timing and amounts of other funding for schools  
   30.     Minister to determine timing and amounts of funding for non - government representative body  

   PART 3--RECURRENT--FUNDING FOR SCHOOLS

           Division 1--Preliminary

   31.     Guide to this Part  
   31A.    Eligibility for funding under this Part  

           Division 2--The funding formula for schools

   32.     The amount payable for a school  
   33.     Base amount for schools  
   34.     SRS funding amounts  
   35.     School's total loading  
   35A.    Commonwealth share  
   35B.    Commonwealth share for transitioning government schools  
   35C.    Commonwealth share for transitioning non - government schools  

           Division 3--Working out loadings

              Subdivision A--Loadings (except location and size loadings)

   36.     Student with disability loading  
   37.     Aboriginal and Torres Strait Islander loading  
   38.     Socio - educational disadvantage loading  
   39.     Low English proficiency loading  

              Subdivision B--Location loading

   40.     Location loading  
   41.     Location percentage for certain schools  

              Subdivision C--Size loading

   42.     Size loading  
   43.     Definitions--kinds of schools based on size  
   44.     Definition-- maximum size loading  
   45.     Definitions-- primary percentage and secondary percentage  
   46.     Very small schools--size loading  
   47.     Very small schools--schools covered by item 3 of the table in section 46  
   48.     Very small schools--major city schools  
   49.     Very small schools--starting amount  
   50.     Very small schools--ARIA student number  
   51.     Medium - sized schools--size loading  

           Division 4--Miscellaneous

              Subdivision A--Capacity to contribute percentage

   52.     Determining CTC scores  
   53.     Determinations may be on application or on Minister's own initiative  
   54.     Capacity to contribute percentage  

              Subdivision B--Miscellaneous

   55.     Locations of a school  
   56.     Rounding amounts  

   PART 5--CAPITAL--AND OTHER FUNDING

           Division 1--Guide to this Part

   66.     Guide to this Part  

           Division 2--Capital funding

   67.     Capital funding  
   68.     Limit on total amount available for capital funding for block grant authorities  

           Division 3--Other funding for schools

   69.     Special circumstances funding  
   69A.    Funding in prescribed circumstances  
   69B.    Transition adjustment funding  

           Division 4--Funding for non-government representative bodies

   70.     Funding for non - government representative bodies  

   PART 6--APPROVING--AUTHORITIES AND BODIES

           Division 1--Guide to this Part

   71.     Guide to this Part  

           Division 2--Approving approved authorities

   72.     Application for person to be approved as an approved authority  
   73.     Approval of person  
   74.     Approval or refusal of approval on public interest grounds  
   75.     Basic requirements for approval  
   76.     Approved authorities for government schools taken to satisfy basic requirements  
   77.     Ongoing policy requirements for approved authorities  
   78.     Ongoing funding requirements for approved authorities  
   79.     Limitation on approval  
   80.     Variation or revocation of approval on application  
   81.     Variation or revocation of approval on Minister's own initiative  

           Division 3--Approving block grant authorities

   82.     Application for person to be approved as a block grant authority  
   83.     Approval of person  
   84.     Basic requirements for approval  
   85.     Ongoing requirements for approval  
   86.     Limitation on approval  
   87.     Variation or revocation of approval on application  
   88.     Variation or revocation of approval on Minister's own initiative  

           Division 4--Approving non-government representative bodies

   89.     Minister may invite a person to apply to be a non - government representative body  
   90.     Application for person to be approved as a non - government representative body  
   91.     Approval of person  
   92.     Basic requirements for approval  
   93.     Ongoing requirements for approval  
   94.     Limitation on approval  
   95.     Variation or revocation of approval on application  
   96.     Variation or revocation of approval on Minister's own initiative  

           Division 5--Former approved authorities and bodies

   96A.    Continuing requirements  

   PART 8--TAKING--ACTION FOR NON-COMPLIANCE AND REQUIRING AMOUNTS TO BE REPAID

           Division 1--Guide to this Part

   107.    Guide to this Part  

           Division 2--Taking action for non-compliance and requiring amounts to be repaid

   108.    Application of Division for non - compliance  
   109.    Application of Division when amounts are required to be repaid  
   110.    Actions the Minister may take  
   111.    Effect of determination under paragraph 110(1)(a) or (b)  

           Division 3--Recoverable payments

   112.    Recoverable payments  
   113.    Reports about recoverable payments  

   PART 9--MISCELLANEOUS

           Division 1--Guide to this Part

   114.    Guide to this Part  

           Division 2--Rules relating to applications

   115.    Approved form for applications  
   116.    Request for further information  
   117.    Withdrawal of application  

           Division 3--Review of decisions

   118.    Reviewable decisions  
   119.    Notice of decision  
   120.    Internal review of reviewable decisions  
   121.    Secretary or internal reviewer may require further information from applicants  
   122.    Review by the Administrative Appeals Tribunal  

           Division 4--Miscellaneous

   123.    False or misleading information  
   124.    Secretary may arrange for use of computer programs to make decisions  
   125.    Using, disclosing or publishing school education information  
   125A.   GST - inclusive payments  
   126.    Appropriation  
   127.    Annual report by Minister  
   128.    Independent reviews of arrangements and requirements relating to funding  
   129.    Delegation  
   130.    Regulations