Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"AGSRC" , for primary education for a program year, means:
(a) the Average Government School Recurrent Costs in Schedule 1 for primary education for the program year; or
(b) if regulations are made for the purposes of subsection 121(1) for primary education for the program year--the amount specified in the regulations for that year.
"AGSRC" , for secondary education for a program year, means:
(a) the Average Government School Recurrent Costs in Schedule 1 for secondary education for the program year; or
(b) if regulations are made for the purposes of subsection 121(1) for secondary education for the program year--the amount specified in the regulations for that year.
"approved authority" means a body determined under section 9 to be an approved authority.
"approved Catholic school system" means a school system:
(a) that is included in the list of approved school systems kept under section 48; and
(b) for which the relevant authority is a Catholic education authority.
"approved government school community organisation" means a body corporate determined under section 11 to be an approved government school community organisation.
"approved school system" means a school system that is included in the list of approved school systems kept under section 48.
"authorised person" has the meaning given by subsection 18(4).
"block grant authority" means a body corporate that the Minister determines to be a block grant authority for the purposes of Division 3 of Part 6 in connection with non - government schools or non - government rural student hostels.
"body" means any organisation or body, whether incorporated or not, or an individual.
"capital expenditure" includes expenditure relating to any one or more of the following:
(a) investigating the need for:
(i) schools, government rural student hostels or non - government rural student hostels in particular areas; or
(ii) schools, government rural student hostels or non - government rural student hostels of particular kinds in particular areas; or
(iii) buildings, parts of buildings, 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, 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, part of a building or other facility;
(f) installing or upgrading water, electricity or any other services;
(g) providing equipment, including information technology equipment;
(i) providing library materials or obtaining services and goods for cataloguing a library;
(j) payment to a block grant authority for its administrative expenses.
"child with disabilities" means either:
(i) who has not reached school age; and
(ii) in respect of whom a disability assessment has been made; or
(ii) who does not attend a government school, a government centre, a non - government school or a non - government centre; and
(iii) in respect of whom a disability assessment has been made.
"current SES funding level" , for a school with a particular SES score, means the percentage of AGSRC in column 2 of the table in each of Parts 1 and 2 of Schedule 4 that relates to that SES score.
"disability assessment" , for a child or a student, means an assessment, by a person with relevant qualifications, that the child or student has an intellectual impairment, a sensory impairment, a physical impairment, a social impairment, an emotional impairment or more than one of those impairments to a degree that satisfies the criteria for eligibility to access:
(a) special education services; or
(b) special education programs;
provided by the Government of the State in which the child or student resides.
"Education Assistance Act" means this Act, the former Act, the 1996 Act or the 1992 Act.
"education in English as a second language for eligible new arrivals" means education that is provided for the purpose of teaching the English language to eligible new arrivals by means of intensive instruction.
"eligible humanitarian new arrival" means a person:
(a) who is an eligible new arrival; and
(b) who holds a visa that is specified in a determination made by the Minister for the purposes of this paragraph.
"eligible new arrival" means a person:
(a) whose first language is not English; and
(b) who satisfies criteria determined by the Minister for the purposes of this paragraph for being a person newly arrived in Australia; and
(c) to whom one or more of the following subparagraphs applies:
(i) the person is an Australian citizen;
(ii) the person holds a permanent visa in force under the Migration Act 1958 ;
(iii) the person is included in a permanent visa in force under that Act;
(iv) the person is not an Australian citizen but has his or her permanent home in the Territory of Christmas Island or in the Territory of Cocos (Keeling) Islands;
(v) the person satisfies criteria determined by the Minister for the purposes of this subparagraph.
Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to a determination made under subparagraph ( c)(v) of this definition.
"ESL course" means a course designed to teach English as a second language.
"ESL new arrivals amount" , for a program year, means the amount in Part 2 of Schedule 8 for the program year.
"ESL new arrivals humanitarian amount" , for a program year, means the amount in Part 3 of Schedule 8 for the program year.
"former Act" means the States Grants (Primary and Secondary Education Assistance) Act 2000 .
"funding level" has the meaning given by section 6.
"government centre" means a place conducted by or on behalf of the Government of a State at which special education is provided.
"government educational institution" has the meaning given by subsection 108(2).
"government rural student hostel" means a hostel in a State whose primary purpose is to provide accommodation for students from rural areas who are undertaking education at government schools in the State (whether or not it also provides accommodation for other students), but does not include a hostel that is conducted for profit.
"government school" , in relation to a State, means a school in the State that is conducted by or on behalf of the Government of the State.
"guardian" , in relation to a child, includes a person who has been granted (whether alone or jointly with another person or other persons) guardianship of the child under the law of the Commonwealth or of a State or Territory.
"level of education" means a thing determined under section 7.
"list of approved school systems" means the list of approved school systems kept under section 48.
"list of non-government schools" means the list of non - government schools kept under section 47.
"location proposal" has the meaning given by subsection 60(2).
"moderately accessible school campus" : a school campus of a non - government school is a moderately accessible school campus of a non - government school in a State for a program year if the school campus, on either or both of the following days:
(a) the school campus census day for the school campus in the previous program year;
(b) the school campus census day for the school campus in the program year;
was, or is, in a location that is categorised under the Remoteness Structure as Outer Regional Australia.
"new school proposal" has the meaning given by subsection 60(4).
"nominated authority" means a body nominated under section 10.
"non-government body" means a body that is not managed or controlled by or on behalf of the Government of a State and:
(a) includes an approved school system, a systemic school, a non - systemic school, a non - government centre and a non - government rural student hostel; and
(b) for the purposes of grants under section 99 or 100 for projects in connection with non - government rural student hostels--includes a local government body;
but does not include an approved government school community organisation.
"non-government centre" has the meaning given by subsection 119(3).
"non-government rural student hostel" means a hostel:
(b) that is conducted by a non - government body; and
(c) whose primary purpose is to provide accommodation for students from rural areas who are undertaking education at schools in the State (whether or not it also provides accommodation for other students);
but does not include a government rural student hostel or a hostel that is conducted for profit.
"non-government school" means a school in a State that is not conducted by or on behalf of the Government of a State, but does not include a school conducted for profit.
"non-systemic school" means a non - government school that:
(a) is not included in an approved school system; and
(b) is in the list of non - government schools as not being included in an approved school system.
"number of primary distance education students" , for a non - government school in a State for a program year, means the number of students (including the full - time equivalent of part - time students) receiving primary distance education at the school on the schools census day for the school for the program year.
"number of primary students" , for a non - government school in a State for a program year, means the number of students (including the full - time equivalent of part - time students) receiving primary education at the school on the schools census day for the school for the program year, but not including students receiving primary distance education.
"number of secondary distance education students" , for a non - government school in a State for a program year, means the number of students (including the full - time equivalent of part - time students) receiving secondary distance education at the school on the schools census day for the school for the program year.
"number of secondary students" , for a non - government school in a State for a program year, means the number of students (including the full - time equivalent of part - time students) receiving secondary education at the school on the schools census day for the school for the program year, but not including students receiving secondary distance education.
"overseas student" has the meaning given by subsection 67(2).
"program year" means the 2005, 2006, 2007 or 2008 calendar year.
"public service employee" means an APS employee.
Note: APS employee is defined in the Acts Interpretation Act 1901 .
"qualified accountant" means a person who:
(a) is registered, or is taken to be registered, as a company auditor under Part 9.2 of the Corporations Act 2001 ; or
(b) is a member of CPA Australia or the Institute of Chartered Accountants in Australia; or
(c) is approved by the Minister as a qualified accountant for the purposes of this Act.
"recurrent expenditure" means expenditure relating to the ongoing operating costs of schools.
"relevant authority" , for a non - government body, means:
(a) the approved authority or nominated authority for the body; or
(b) in respect of a payment for a project administered by a block grant authority--the block grant authority.
"relevant Minister" , in relation to a provision of the former Act, means (except in a reference to a State Minister) the Minister who administered that provision.
"Remoteness Structure" means the Remoteness Structure described in the document entitled "Statistical Geography Volume 1 Australian Standard Geographical Classification (ASGC) 2001", published by the Australian Statistician in September 2001, that was effective 1 July 2001.
"remote school campus" : a school campus of a non - government school is a remote school campus of a non - government school in a State for a program year if the school campus, on either or both of the following days:
(a) the school campus census day for the school campus in the previous program year;
(b) the school campus census day for the school campus in the program year;
was, or is, in a location that is categorised under the Remoteness Structure as Remote Australia.
"school" includes a proposed school, but does not include a school at which education is provided at a standard (however described) that is pre - school standard only.
"school campus" : a location is a school campus of a non - government school if the location is one at which students receive primary education or secondary education at the school.
"school campus census day" means:
(a) for a school campus of a non - government school for a program year--the schools census day for the school for that program year; or
(b) for a school campus of a non - government school for a program year and in relation to which the Minister has, because of special circumstances, declared a particular day in that program year to be the school campus census day for the school campus for that program year--the day so declared.
"schools census day" , for a State for a program year, means the day in that year (being a day as close as possible to 1 August in that year) that the State Minister notifies the Minister is the schools census day for the State for that year.
(a) for a non - systemic school, or an approved school system, in a State for a program year--the schools census day for the State for that program year; or
(b) for a non - systemic school, or an approved school system, for a program year and in relation to which the Minister has, because of special circumstances, declared a particular day in that program year to be the schools census day for the school or system for that program year--the day so declared; or
(c) for a non - systemic school, or an approved school system, in a State for a program year if:
(i) paragraphs ( a) and (b) do not apply; and
(ii) the State Minister and the Minister have agreed that a particular day in that program year is to be the schools census day for the school or system for that program year;
"secondary education" means junior secondary education or senior secondary education.
" section 30 agreement" means an agreement made as mentioned in section 30.
"SES score" has the meaning given by section 8.
"special assistance school" means a non - government school in a State that:
(a) has been, or is likely to be, recognised by the State Minister as a special assistance school; and
(b) primarily caters for students with social, emotional or behavioural difficulties.
"special education" means education under special programs, or special activities, designed specifically for children with disabilities or students with disabilities, or both.
"special school" means a school in a State that:
(a) has been, or is likely to be, recognised by the State Minister as a special school; and
(b) provides special education.
"State" includes the Australian Capital Territory and the Northern Territory.
"State Minister" , for a State, means the Minister of the State who is responsible, or primarily responsible, for the administration of matters relating to school education in the State.
"student with disabilities" means a student:
(a) who attends a government school, a government centre, a non - government school (whether or not as a distance education student) or a non - government centre; and
(b) in respect of whom a disability assessment has been made.
"systemic school" means a non - government school that:
(a) is included in an approved school system; and
(b) is in the list of non - government schools as being included in an approved school system.
"the 1992 Act" means the States Grants (Primary and Secondary Education Assistance) Act 1992 .
"the 1996 Act" means the States Grants (Primary and Secondary Education Assistance) Act 1996 .
"very remote school campus" : a school campus of a non - government school is a very remote school campus of a non - government school in a State for a program year if the school campus, on either or both of the following days:
(a) the school campus census day for the school campus in the previous program year;
(b) the school campus census day for the school campus in the program year;
was, or is, in a location that is categorised under the Remoteness Structure as Very Remote Australia.
"year 2000 funding level" , for a school, means the percentage of AGSRC in column 1 of the table in each of Parts 3 and 4 of Schedule 4 to the former Act that was used to determine amounts payable in respect of the school for the 2004 program year.
"year 2004 funding level" , for a school, means the percentage of AGSRC in column 2 of the table in each of Parts 1 and 2 of Schedule 4 to the former Act that was used to determine amounts payable in respect of the school for the 2004 program year.
"year 2004 primary amount" , for a school, means the amount in column 6 of the table in Part 1 of Schedule 4 to the former Act that was used to determine amounts payable in respect of the school for the 2004 program year.
"year 2004 secondary amount" , for a school, means the amount in column 6 of
the table in Part 2 of Schedule 4 to the former Act that was
used to determine amounts payable in respect of the school for the 2004
program year.