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AUSTRALIAN EDUCATION ACT 2013 - SECT 6

Definitions

    In this Act:

"6-year transitioning government school" means a transitioning government school whose starting Commonwealth share is less than its final Commonwealth share.

"Aboriginal and Torres Strait Islander loading" has the meaning given by subsection   37(1).

"Aboriginal and Torres Strait Islander student" has the meaning given by the regulations.

"amount" includes a nil amount.

"approved authority" for a school means the person that is approved as the approved authority for the school under section   73.

"approved system authority" has the meaning given by subsection   78(6).

"ARIA index value" has the meaning given by the regulations.

Note:   The Minister may determine the location of a school with more than one location for the purposes of working out the school's ARIA index value (see section   18).

"ARIA student number" has the meaning given by section   50.

"ATSI percentage" has the meaning given by subsection   37(2).

"base amount" has the meaning given by subsections   33(1), (2) and (3).

"block grant authority" for a school means the person that is approved as the block grant authority for the school under section   83.

"capacity to contribute percentage" has the meaning given by subsections   54(1), (2) and (3).

"capital expenditure" includes expenditure relating to any of the following:

  (a)   investigating the need for:

  (i)   schools in particular areas; or

  (ii)   schools of particular kinds in particular areas; or

  (iii)   buildings or other facilities (or parts of buildings or other facilities) or equipment;

  (b)   purchasing land, with or without buildings (or parts of buildings);

  (c)   planning for the erection, alteration, extension, demolition or refurbishment of a building or other facility (or part of a building or other facility);

  (d)   developing or preparing land for building or other purposes;

  (e)   erecting, altering, extending, demolishing or refurbishing a building or other facility (or part of a building or other facility);

  (f)   installing or upgrading water, electricity or any other services;

  (g)   providing equipment, including information technology equipment;

  (h)   providing furniture;

  (i)   providing library materials or obtaining services and goods for cataloguing a library (or part of a library);

  (j)   the administrative expenses of a capital grants authority in relation to administering other capital expenditure;

  (k)   any other expenditure prescribed by the regulations for the purposes of this definition.

"capital grants authority" for a school means:

  (a)   the approved authority for the school; and

  (b)   if a block grant authority is also approved for the school--the block grant authority; and

  (c)   if the school is a non - government school located in a State or Territory--the approved authority for government schools located in that State or Territory.

"combined school" means a school that provides both primary education and secondary education.

"Commonwealth share" :

  (a)   for a school not covered by paragraph   ( b) or (c)--has the meaning given by section   35A; and

  (b)   for a transitioning government school for a transition year for the school--has the meaning given by subsection   35B(1); and

  (c)   for a non - government school for a transition year for the school--has the meaning given by section   35C.

"continuing requirement" has the meaning given by subsection   96A(2).

"CTC score" : a school's CTC score is the number determined by the Minister under subsection   52(1).

"departmental official" means an official (within the meaning of the Financial Management and Accountability Act 1997 ):

  (a)   who is in, or part of, the Department; and

  (b)   whose duties consist of, or include, dealing with matters relating to payments of financial assistance to a State or Territory under this Act.

"distance education student" : a person is a distance education student at a school located in a State or Territory only if:

  (a)   the person resides in the State or Territory; and

  (b)   the State or Territory provides funding for the school (other than financial assistance provided to the State or Territory for the school in accordance with this Act) for students enrolled at the school who receive distance education (however described) from the school; and

  (c)   the person is not approved as a home education student (however described) in accordance with the law of the State or Territory in which the person resides.

"final Commonwealth share" has the meaning given by subsection   35B(6).

"government school" means a school that is conducted by or on behalf of the government of a State or Territory.

"inner regional school" has the meaning given by subsection   13(1).

"internal reviewer" has the meaning given by subsection   120(3).

"large school" has the meaning given by subsection   43(1).

"level of education" : see section   15.

"location loading" has the meaning given by subsection   40(1).

"location percentage" has the meaning given by subsection   40(2).

"low English proficiency loading" has the meaning given by subsection   39(1).

"major city school" has the meaning given by subsection   13(1).

"majority Aboriginal and Torres Strait Islander school" has the meaning given by subsections   8(1), (2) and (3) .

"maximum lower limit" has the meaning given by subsection   43(2).

"maximum size loading" has the meaning given by subsections   44(1) and (4).

"maximum upper limit" has the meaning given by subsection   43(3).

"medium-sized school" has the meaning given by subsection   43(1).

"Ministerial Council" means the Council of Commonwealth, State and Territory Ministers, as it exists from time to time, with responsibility for school education.

"non-government representative body" for a non - government school means the person that is approved as the non - government representative body for the school under section   91.

"non-government school" means a school that is not a government school.

"outer regional school" has the meaning given by subsection   13(1).

"overpayment" has the meaning given by subsections   9(1) to (7).

"overseas student" : an overseas student is a person:

  (a)   to whom one or more of the following subparagraphs apply:

  (i)   the person holds a visa in force under the Migration Act 1958 that permits the person to travel to Australia for the purpose of undertaking a course provided by a body;

  (ii)   the person is included in such a visa in force under that Act;

  (iii)   the person is prescribed as an overseas student by regulations made for the purposes of this subparagraph; and

  (b)   who is not excluded from being an overseas student by regulations made for the purposes of this paragraph.

"personal information" has the same meaning as in the Privacy Act 1988 .

"primary education" : see subsections   15(1) and (3).

"primary percentage" has the meaning given by subsection   45(1).

"primary school" means a school (other than a combined school) that provides primary education.

"primary student" at a school means a person receiving primary education at the school (including a part - time student, but excluding an overseas student).

"recoverable payment" has the meaning given by section   11.

"relevant person" for a reviewable decision means:

  (a)   for a reviewable decision referred to in an item of the table in subsection   118(1)--the person referred to in column 3 of that item; and

  (b)   for a reviewable decision prescribed by regulations made for the purposes of subsection   118(2)--the person specified by the regulations as the relevant person for that decision.

"remote" school has the meaning given by subsection   13(1).

"reviewable decision" has the meaning given by subsections   118(1) and (2).

"school" means a primary school, a secondary school or a combined school, and, where appropriate, a proposed school.

Note 1:   Non - government schools that provide education to distance education students only are taken not to be schools (see section   19).

Note 2:   For references to school in Part   3 ( recurrent funding for schools), see section   55.

"school education information" means information obtained under or for the purposes of this Act.

"school education reform agreement" has the meaning given by subsection   22A(6).

"secondary education" : see subsections   15(1) and (3).

"secondary percentage" has the meaning given by subsection   45(2).

"secondary school" means a school (other than a combined school) that provides secondary education.

"secondary student" at a school means a person receiving secondary education at the school (including a part - time student, but excluding an overseas student).

"Secretary" means the Secretary of the Department.

"size loading" has the meaning given by subsections   42(1) to (4).

"small school" has the meaning given by subsection   43(1).

"socio-educational disadvantage loading" has the meaning given by subsection   38(1).

"sole provider school" : a school is a sole provider school if:

  (a)   the school:

  (i)   has an ARIA index value of more than 5.92; or

  (ii)   is in a remote or very remote area (as defined in the MCEETYA Geographical Location Classification issued in July 2001, or any equivalent document); and

  (b)   the distance between the school and any other school that provides the same level of education is more than 25 km.

Note:   This distance is measured in a straight line (see section   35 of the Acts Interpretation Act 1901 ) .

"special assistance school" means a school that:

  (a)   is, or is likely to be, recognised by the State or Territory Minister for the school as a special assistance school; and

  (b)   primarily caters for students with social, emotional or behavioural difficulties.

"special school" means a school that:

  (a)   is, or is likely to be, recognised by the State or Territory Minister for the school as a special school; and

  (b)   provides education under special programs, or special activities, designed specifically for students with disabilities.

"SRS funding amount" has the meaning given by subsections   34(1), (2) and (4).

"SRS indexation factor" , for a year, means the SRS indexation factor worked out in accordance with, or prescribed under, section   11A.

"starting amount" has the meaning given by subsections   49(1) and (4).

"starting Commonwealth share" has the meaning given by subsection   35B(2).

"State or Territory Minister" for a school means the Minister of the State or Territory in which the school is located who has responsibility for school education.

"State-Territory contribution amount" has the meaning given by subsection   22A(2).

"student" means a primary student or a secondary student.

"student with disability loading" has the meaning given by subsection   36(1).

"Territory" means the Australian Capital Territory or the Northern Territory.

"this Act" includes any regulations made under this Act.

"total entitlement" has the meaning given by section   12 .

"total loading" has the meaning given by section   35.

"transitioning government school" means:

  (a)   a government school for which financial assistance was payable under Part   3 or 4 of this Act for 2017; or

  (b)   a government school prescribed by the regulations.

"transition year" means:

  (a)   for a government school other than a 6 - year transitioning government school --a year from 2018 to 2027 (inclusive); or

  (b)   for a 6 - year transitioning government school --a year from 2018 to 2023 (inclusive) ; or

  (c)   for a non - government school--a year from 2020 to a year, no later than 2029, prescribed by the regulations for the school.

"very remote" school has the meaning given by subsection   13(1).

"very small school" has the meaning given by subsection   43(1).

"year" means a calendar year (except when used to refer to a year in a course of primary education or secondary education).

"zero lower limit" has the meaning given by subsection   43(4).


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