Commonwealth Numbered Acts Commonwealth Numbered ActsIn this Act:
"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.
"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.
"census day" has the meaning given by subsection 7(1).
"combined school" means a school that provides both primary education and secondary education.
"Commonwealth share" : a Commonwealth share for a school is the percentage for the school prescribed by, or worked out in accordance with, the regulations.
"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" : a student receives distance education at a school if the student receives primary education or secondary education by distance education at the school in accordance with subsection 10(5).
"government school" means a school that is conducted by or on behalf of the government of a State or Territory.
"highly equitable" : the Australian schooling system is highly equitable if there is a limited relationship between a student's socioeconomic status and his or her educational performance, as measured by the Programme for International Student Assessment.
"implementation plan" means a plan developed for the purposes of Part 7.
"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).
"low socioeconomic status student loading" has the meaning given by subsection 38(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) and (2).
"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.
"National Education Reform Agreement" means the National Education Reform Agreement made between the Commonwealth and New South Wales on 23 April 2013 (and any other State or Territory that becomes a party to the agreement after that day), as in force from time to time.
"new per student amount" has the meaning given by subsection 58(3).
"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.
"non-participating school" : a school is a non-participating school if:
(a) there is an approved authority for the school; and
(b) the approved authority is approved in relation to:
(i) one or more locations of the school; and
(ii) a level of education provided by the school at any of those locations; and
(c) the school is a government school located in a State or Territory in relation to which no determination is in force under section 14 (Minister to determine participating States and Territories).
"non-participating States and Territories" means the States and Territories in relation to which no determination is in force under section 14 (Minister to determine participating States and Territories).
"old Commonwealth per student amount" : an approved authority's old Commonwealth per student amount is:
(a) for 2014--the amount determined by the Minister under paragraph 58(1)(b) for the authority for the year; and
(b) for any other year--the authority's old Commonwealth per student amount for the year, as indexed under subsection 60(2).
"old per student amount" : an approved authority's old per student amount is:
(a) for 2013 or 2014--the amount determined by the Minister under paragraph 58(1)(a) for the authority for the year; and
(b) for any other year--the authority's old per student amount for the year, as indexed under subsection 61(3).
"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.
"participating government school" means a participating school that is a government school.
"participating school" : a school is a participating school if:
(a) there is an approved authority for the school; and
(b) the approved authority is approved in relation to:
(i) one or more locations of the school; and
(ii) a level of education provided by the school at any of those locations; and
(c) either:
(i) the school is a non-government school; or
(ii) the school is a government school located in a State or Territory in relation to which a determination is in force under section 14 (Minister to determine participating States and Territories).
"participating State or Territory" means a State or Territory that:
(a) is a party to the National Education Reform Agreement; and
(b) has a bilateral agreement with the Commonwealth.
"personal information" has the same meaning as in the Privacy Act 1988 .
"primary education" : a person (other than an overseas student) receives primary education at a school, and a school provides primary education , if the person receives, or the school provides, education at a level that constitutes primary education for the school under section 15.
"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).
"protected information" means information obtained under or for the purposes of this Act.
"receives" , when used in relation to primary education or secondary education, has the meaning given by subsections 10(1) and (5).
"recoverable payment" has the meaning given by section 11.
"relevant arrangement" of an approved authority for a school means a written arrangement between the Commonwealth and the authority relating to grants of financial assistance provided in accordance with this Act to the authority for the school.
Note: For an approved authority for participating government schools, the National Education Reform Agreement is a relevant arrangement. For an approved authority for non-participating government schools, the Intergovernmental Agreement (within the meaning of section 4 of the Federal Financial Relations Act 2009 ) is a relevant arrangement.
"relevant person" for a reviewable decision means:
(a) for a reviewable decision referred to in column 1 of the table in subsection 118(1)--the person referred to in column 3 of that table in relation to that decision; 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 only distance education are taken not to be schools (see section 19).
Note 2: For references to school in Part 3 (funding for participating schools), see section 55.
"secondary education" : a person (other than an overseas student) receives secondary education at a school, and a school provides secondary education , if the person receives, or the school provides, education at a level that constitutes secondary education for the school under section 15.
"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.
"SES score" : a school's SES score is the number determined by the Minister under subsection 52(2) or (3).
"size loading" has the meaning given by subsections 42(1) to (4).
"small school" has the meaning given by subsection 43(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).
"starting amount" has the meaning given by subsections 49(1) and (4).
"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.
"student" means a primary student or a secondary student.
"student with disability" has the meaning given by the regulations.
"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 subsections 12(1) to (3).
"total loading" has the meaning given by section 35.
"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).