AUSTRALIAN EDUCATION ACT 2013 (NO. 67, 2013)

Commonwealth Numbered Acts

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AUSTRALIAN EDUCATION ACT 2013 (NO. 67, 2013)

TABLE OF PROVISIONS

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
7. Definition of census day
8. Definition of majority Aboriginal and Torres Strait Islander school
9. Definition of overpayment
10. Definition of receives
11. Definition of recoverable payment
12. Definition of total entitlement
13. Definitions of kinds of schools based on location
14. Minister to determine participating States and Territories
15. Levels of education
16. Working out the number of students at a school for a year
17. Part-time students
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 relating to school education
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 special circumstances funding
30. Minister to determine timing and amounts of funding for non-government representative body

PART 3--RECURRENT FUNDING FOR PARTICIPATING SCHOOLS
Guide to this Part

31. Guide to this Part

Division 2--The funding formula for participating schools

32. The amount payable for a participating school
33. Base amount for schools
34. SRS funding amounts
35. School's total loading

Division 3--Working out loadings

Subdivision A--Loadings

36. Student with disability loading
37. Aboriginal and Torres Strait Islander loading
38. Low socioeconomic status student 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 SES 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

Division 5--Transitional recurrent funding for participating schools

57. Application of this Division
58. New and old per student amounts
59. Old per student amount for 2014 less than new per student amount for 2014
60. Limits on amount that may be determined for the purposes of section 59
61. Old per student amount for 2013, increased by 3%, more than new per student amount for 2014
62. Transitional recurrent funding for special schools and special assistance schools for 2014
63. Funding for all other participating schools

PART 4--RECURRENT FUNDING FOR NON-PARTICIPATING SCHOOLS THROUGH A NATIONAL SPECIFIC PURPOSE PAYMENT

64. Guide to this Part
65. National specific purpose payments for schools in non-participating States and Territories

PART 5--CAPITAL FUNDING, SPECIAL CIRCUMSTANCES FUNDING AND FUNDING FOR NON-GOVERNMENT REPRESENTATIVE BODIES
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--Special circumstances funding

69. Special circumstances funding

Division 4--Funding for non-government representative bodies

70. Funding for non-government representative bodies

PART 6--APPROVING AUTHORITIES AND BODIES
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

PART 7--IMPLEMENTATION PLANS

97. Guide to this Part
98. Application of this Part to approved authorities for more than one participating school
99. Approved authority must have an implementation plan
100. Approved authority must be able to implement implementation plan properly
101. Period of implementation plan
102. Review of implementation plan
103. Keeping implementation plans up to date
104. Publication of implementation plan
105. Minister may give a direction in relation to an implementation plan
106. Requirement to consider relevant arrangements before making regulations

PART 8--ACTIONS MINISTER MAY TAKE FOR FAILURE TO COMPLY WITH THIS ACT, AND TO REQUIRE AMOUNTS TO BE REPAID
Guide to this Part

107. Guide to this Part

Division 2--Actions Minister may take for failure to comply with this Act, and to require amounts to be repaid

108. Application of Division for failure to comply with this Act
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
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. Making records of, using, disclosing or publishing protected information
126. Appropriation
127. Annual report by Minister
128. Review of, or for the purposes of, the National Education Reform Agreement
129. Delegation
130. Regulations

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