Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 135, 2004
Compilation No. 9
Compilation date: 5 March 2016
Includes amendments up to: Act No. 126, 2015
Registered: 10 May 2016
About this compilation
This compilation
This is a compilation of the Schools Assistance (Learning Together--Achievement Through Choice and Opportunity) Act 2004 that shows the text of the law as amended and in force on 5 March 2016 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1--Preliminary
1 Short title
2 Commencement
3 Simplified outline of Act
5 Students receiving education at non-government schools
6 Funding level
7 Levels of education
8 SES score
9 Approved authority
10 Nominated authority
11 Approved government school community organisation
Part 2--General provisions relating to grants
Division 1--Simplified outline of Part
12 Simplified outline
Division 2--Grants for government schools
13 Division does not apply in relation to financial assistance under section 69 for approved government school community organisations
14 Agreement on conditions of financial assistance
15 Further commitment--student reports
16 Further conditions of financial assistance
17 General conditions of financial assistance
18 Specific condition--financial accountability
19 Specific condition--educational accountability
20 Specific condition--non-fulfilment of conditions
21 Specific condition--overpayment of financial assistance
Division 3--Grants for approved government school community organisations
Subdivision A--Conditions of grants for approved government school community organisations
22 Agreement on conditions of financial assistance
23 General conditions of financial assistance
24 Specific condition--financial accountability
25 Specific condition--other accountability requirements
26 Specific condition--non-fulfilment of conditions
27 Specific condition--overpayment of financial assistance
Subdivision B--Conditions of grants to States for approved government school community organisations
28 General conditions of grant to State of financial assistance
29 Specific condition--non-fulfilment of conditions
Division 4--Grants for non-government bodies
Subdivision A--Requirements for relevant authorities etc.
30 Minister not to authorise payment to a State for a non-government body in certain circumstances
31 Provisions that must be included in agreements
32 Further commitment--student reports
33 Provisions that may be included in agreements
34 General requirements
35 Specific requirement--financial accountability
36 Specific requirement--educational accountability
37 Specific requirement--provision dealing with failure to comply within time limit
38 Specific requirement--failure to comply with other requirements
Subdivision B--Conditions of grants to States for non-government bodies
39 General conditions of grant to State of financial assistance
40 Specific condition--non-fulfilment of conditions
Division 5--Miscellaneous
41 Powers of Minister if amounts of grants become repayable
42 Amount payable by a State to the Commonwealth is a debt
43 Powers of Minister if amounts payable by approved government school community organisations
44 Powers of Minister if amounts payable by relevant authorities
45 Determinations requiring repayments
Part 3--Lists of non-government schools and approved school systems
Division 1--Funding of non-government schools
46 Funding of non-government schools
Division 2--List of non-government schools
47 List of non-government schools
Division 3--List of approved school systems
48 List of approved school systems
Part 4--Varying lists
Division 1--Simplified outline of Part
49 Simplified outline
Division 2--Varying lists of non-government schools and approved school systems
50 Varying list of non-government schools
51 Varying list of approved school systems
Division 3--Change of funding level
52 Application to change funding level of non-government school due to incorrect SES score etc.
53 Change of funding level of non-government school due to incorrect SES score etc.
Division 4--Change of approved authority
54 Application of Division
55 How to obtain Ministerial approval of proposal
56 Decision by Minister on application
57 Varying list of non-government schools
Division 5--Change in systemic status
58 Proposal for a non-systemic school to become a member of an approved school system
59 Proposal for a school to cease to be a member of an approved school system
Division 6--Changes to schools or education provided
60 Application to vary list of non-government schools
61 Decision by Minister on application
62 Prerequisites for variation of list
63 Application relating to previous program year
Division 7--Miscellaneous
64 Variation to include funding level in certain circumstances
65 Minister to give notice to authority of determination
66 Determination may be given retrospective effect
67 Overseas students disregarded
Part 5--Grants for education at government schools
Division 1--Grants for general recurrent expenditure
68 Grants for general recurrent expenditure
Division 2--Capital grants
69 Authorising payments of capital grants
Part 6--Grants for non-government schools
Division 1--Simplified outline of Part
70 Simplified outline
Division 2--Grants for general recurrent expenditure
Subdivision A--Simplified outline of Division
71 Simplified outline
Subdivision B--Application
72 Application of Division
73 Application of Subdivision C--current SES funding
74 Application of Subdivision D--maintained year 2000 funding
75 Application of Subdivision E--maintained Catholic school funding
76 Application of Subdivision F--guaranteed year 2004 SES funding
77 Application of Subdivision G--special schools and special assistance schools
77A Application of Subdivision I--remoteness per capita loading
Subdivision C--Current SES funding
78 Authorising payments for non-systemic schools
79 Authorising payments for approved school systems
80 Primary student amount
81 Secondary student amount
Subdivision D--Maintained year 2000 funding
82 Authorising payments for non-systemic schools
83 Authorising payments for approved school systems
84 Primary student amount
85 Secondary student amount
Subdivision E--Maintained Catholic school funding
86 Authorising payments for approved Catholic school systems
87 Primary student amount
88 Secondary student amount
Subdivision F--Guaranteed year 2004 SES funding
89 Authorising payments for non-systemic schools
90 Authorising payments for approved school systems
91 Primary student amount
92 Secondary student amount
Subdivision G--Special schools and special assistance schools
93 Authorising payments for non-systemic schools
94 Authorising payments for approved school systems
95 Primary student amount
96 Secondary student amount
Subdivision H--Distance education amounts
97 Primary distance education student amount
98 Secondary distance education student amount
Subdivision I--Remoteness per capita loading
98A Authorising payments
98B Primary student amount
98C Secondary student amount
Division 3--Capital grants
99 Authorisation of payment of capital grants
Division 4--Other grants for non-government rural student hostels
100 Authorisation of payment of other grants for non-government rural student hostels
Division 5--Grants of short term emergency assistance
101 Grants of short term emergency assistance
Division 6--Grants to provide establishment assistance
102 Grants to provide establishment assistance
Part 7--Grants for education in country areas
103 Object of Part
104 Grants for government schools in country areas
105 Grants for non-government schools in country areas
106 Ceiling for grants under this Part
Part 8--Grants to foster languages education
107 Object of Part
108 Grants for government schools etc.
109 Grants for non-government schools
110 Grants for national projects to foster languages education
111 Ceiling for grants under this Part
Part 9--Grants for teaching English to new arrivals
112 Object of Part
113 Grants for teaching English as a second language in government schools
114 Grants for teaching English as a second language in non-government schools
Part 10--Literacy, numeracy and special learning needs
Division 1--Object of Part
115 Object of Part
Division 2--Grants for schools
116 Grants for government schools and centres
117 Grants for non-government schools
118 Grants for both government schools and centres and non-government schools
Division 3--Grants for non-government centres
119 Grants for non-government centres
Division 4--Grants for national projects
120 Grants for national projects
Part 11--Miscellaneous
Division 1--Average Government School Recurrent Costs
121 Changes to Average Government School Recurrent Costs
122 Changes to amounts for primary education
123 Changes to amounts for secondary education
Division 1A--Grant amounts for particular program years
123A Changes to grant amounts for particular program years
Division 2--Cost supplementation
124 Recurrent grants--general
126 Capital grants for government schools and non-government schools
127 Other grants for non-government rural student hostels
Division 3--Timing of payments etc.
128 Minister may fix amounts and times of payment of financial assistance
129 Advances
130 Determination authorising the making of payments may authorise Minister to determine amounts of payments
Division 4--False or misleading statements
131 Payment reduction for false or misleading statement
132 Change of SES score due to false or misleading statement
Division 5--Appropriation and authority to borrow
133 Appropriation
134 Authority to borrow
Division 6--Administrative matters
135 Determinations, approvals etc. by Minister
136 Revocation or variation of determinations or approvals by Minister
137 Delegation
138 Report by Minister
Division 7--Overseas students
Division 8--Regulations
140 Regulations
Part 12--Transitional provisions
141 Application of this Part
142 Approved authority
143 Levels of education
144 Previous list of non-government schools
145 Previous list of approved school systems
146 SES scores and funding levels of existing non-systemic schools
147 SES scores and funding levels of existing systemic schools
149 Block grant authority
150 Regulations
151 Guidelines
Schedule 1--Average Government School Recurrent Costs (AGSRC)
Schedule 2--General recurrent grants for government schools
Schedule 3--Capital grants for government schools
Schedule 4--General recurrent grants for non-government schools
Part 1--Current SES funding for primary education
Part 2--Current SES funding for secondary education
Part 3--Year 2000 funding for primary education
Part 4--Year 2000 funding for secondary education
Schedule 5--Capital grants for non-government schools
Schedule 6--Other grants for non-government rural student hostels
Schedule 7--Grants of short term emergency assistance for non-government schools
Schedule 8--Grants for targeted assistance
Part 1--Grants for targeted assistance
Part 2--ESL new arrivals amount
Part 3--ESL new arrivals humanitarian amount
Schedule 9--Grants for literacy, numeracy and special learning needs
Part 1--Grants for literacy, numeracy and special learning needs
Part 2--Strategic assistance amounts
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
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.
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) |
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 |
Schools Assistance (Learning Together--Achievement Through Choice and Opportunity) Act 2004 | 135, 2004 | 13 Dec 2004 | 1 Jan 2005 (s 2) |
|
29, 2006 | 6 Apr 2006 | Sch 1 (items 1, 2, 4-20, 23-25, 29, 30, 32, 33): 6 Apr 2006 (s 2(1) items 2, 4, 6, 8, 10) | -- | |
117, 2006 | 4 Nov 2006 | 4 Nov 2006 (s 2) | -- | |
46, 2007 | 10 Apr 2007 | 10 Apr 2007 (s 2) | -- | |
120, 2007 | 28 June 2007 | 28 June 2007 (s 2) | Sch 2 (item 15) | |
142, 2008 | 9 Dec 2008 | Sch 2 (items 10-18): 1 Jan 2009 (s 2(1) item 3) | -- | |
5, 2011 | 22 Mar 2011 | Sch 8 (items 10-13): 19 Apr 2011 (s 2(1) item 20) | -- | |
62, 2014 | 30 June 2014 | Sch 12 (item 75) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 items 516-518: 5 Mar 2016 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 142, 2008 |
s 4..................... | am No 29, 2006; No 120, 2007; No 142, 2008; No 126, 2015 |
s 6..................... | am No 29, 2006 |
s 8..................... | am No 126, 2015 |
Part 2 |
|
Division 4 |
|
Subdivision A |
|
s 36.................... | am No 29, 2006 |
Part 3 |
|
Division 2 |
|
s 47.................... | am No 29, 2006 |
Part 4 |
|
Division 1 |
|
s 49.................... | am No 29, 2006 |
Division 2 |
|
s 50.................... | am No 29, 2006; No 142, 2008 |
Division 3 |
|
s 53.................... | am No 120, 2007 |
Division 7 |
|
s 64.................... | am No 29, 2006 |
Part 5 |
|
Division 2 |
|
s 69.................... | am No 29, 2006 |
Part 6 |
|
Division 2 |
|
Subdivision A |
|
s 71.................... | am No 29, 2006; No 120, 2007 |
Subdivision B |
|
s 74.................... | am No 29, 2006 |
s 75.................... | am No 29, 2006 |
s 76.................... | am No 29, 2006 |
s 77.................... | am No 29, 2006 |
s 77A................... | ad No 120, 2007 |
Subdivision G |
|
Subdivision G heading........ | rs No 29, 2006 |
Subdivision I |
|
Subdivision I.............. | ad No 120, 2007 |
s 98A................... | ad No 120, 2007 |
s 98B................... | ad No 120, 2007 |
s 98C................... | ad No 120, 2007 |
Division 3 |
|
s 99.................... | am No 29, 2006 |
Part 9 |
|
s 113................... | am No 120, 2007 |
s 114................... | am No 120, 2007 |
Part 11 |
|
Division 1A |
|
Division 1A............... | ad No 29, 2006 |
s 123A.................. | ad No 29, 2006 |
Division 2 |
|
s 124................... | am No 120, 2007 |
s 125................... | rep No 29, 2006 |
s 127................... | am No 62, 2014 |
Division 4 |
|
s 131................... | am No 5, 2011 |
s 132................... | am No 120, 2007; No 5, 2011 |
Division 6 |
|
s 138................... | am No 142, 2008 |
Division 8 |
|
s 140................... | am No 126, 2015 |
Schedule 3 |
|
Schedule 3................ | am Nos 29 and 117, 2006; No 46, 2007; No 142, 2008 |
Schedule 4 |
|
Schedule 4................ | am No 120, 2007 |
Schedule 5 |
|
Schedule 5................ | am Nos 29 and 117, 2006; No 46, 2007; No 142, 2008 |
Schedule 7 |
|
Schedule 7................ | am No 29, 2006 |
Schedule 8 |
|
Schedule 8................ | am No 29, 2006; No 120, 2007 |
Schedule 9 |
|
Schedule 9................ | am No 29, 2006; No 46, 2007 |