Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The regulations may prescribe, for a State or Territory, the level of education that constitutes primary education or secondary education for schools located in the State or Territory.
Note: A level of education may be prescribed by reference to a particular year in a course of primary education or secondary education (such as year 6), or by reference to a student's age.
(2) Before the Governor - General makes regulations for the purposes of subsection ( 1) for a State or Territory, the Minister must have regard to the arrangements made for providing education at government schools located in the State or Territory. This does not limit the matters to which the Minister may have regard.
(3) The Minister may determine, in writing, that a different level of education from the level prescribed by the regulations constitutes primary education or secondary education for a specified special school, special assistance school or student at the school if the Minister is satisfied that the special circumstances justify the determination.
Note: A decision under this subsection is a reviewable decision (see Division 3 of Part 9).
(4) A determination under subsection ( 3) is not a
legislative instrument.