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STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 254

Statutory Rules 2001 No. 254

Issued by the authority of the Minister for Education, Training and Youth Affairs

States Grants (Primary and Secondary Education Assistance) Act 2000

States Grants (Primary and Secondary Education Assistance) Amendment Regulations 2001 (No. 1)

The States Grants (Primary and Secondary Education Assistance) Act 2000 (the Act) provides for the payment of financial assistance to government and non-government schools for the 2001 to 2004 period.

Section 118 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 102(1) of the Act allows the making of regulations to specify an amount to replace the Average Government School Recurrent Costs (AGSRC) specified in Schedule 1 to the Act for a program year. Subsection 102(3) of the Act requires the Minister to consider changes in the Average Government School Costs (AGSC) published from time to time by the Ministerial Council of Education, Employment, Training and Youth Affairs (MCEETYA), before the Governor-General makes regulations specifying an amount to replace the AGSRC amount for a program year.

Sections 105 and 106 also allow the making of regulations to permit the adjustment of recurrent grants and capital grants for both government and non-government schools, to reflect supplementation for inflation.

As required under subsection 105(4) requires the Minister to consider changes in AGSC figures published from time to time by the MCEETYA before the Governor-General makes the regulations providing for adjustments to recurrent grants. Subsection 106(3) also requires the Minister to consider changes in an index of building prices and an index of wage costs published from time to time by the Australian Statistician, before the Governor-General makes regulations providing for adjustments to capital grants for government and non-government schools.¹

In accordance with subsections 102(3), 105(4) and 106)3 of the Act, the Minister considered changes in the Average Government School Costs published from time to time by the MCEETYA and the Wage Cost Index and Price Index of Materials Used in Building other than House Building published by the Australian Statistician.

The Regulations supplement funding for primary and secondary education, recurrent grants and capital grants for both government and non-government schools for 2001, 2002, 2003 and 2004, providing an additional $1.265 billion for the 2001-2004 quadrennium over the current legislated amounts for recurrent and capital grants, $303 million of which will be provided in 2001.

The Regulations commenced on the date of gazettal.

Details of the proposed Regulations are attached.

ATTACHMENT

DETAILS OF THE STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) AMENDMENT REGULATIONS 2001 (NO. 1)

Regulation 1       Name of Regulations

Provides that the Regulations are called the States Grants (Primary and Secondary Education Assistance) Amendment Regulations 2001 (No. 1).

Regulation 2       Commencement

Provides that the Regulations are to commence on gazettal.

Regulation 3       Amendment of States Grants (Primary and Secondary Education Assistance) Regulations 2001

Amends the States Grants (Primary and Secondary Education Assistance) Regulations 2000 (the Regulations).

Schedule 1

Item 1

Amends the Regulations by inserting "Part 1 Preliminary" before Regulation 1 of the Regulations.

Item 2

Amends the Regulations by inserting "Part 2 National Targets, performance measures, performance targets and performance information" after Regulation 3 of the Regulations.

Item 3

Amends the Regulations by inserting "Part 3 AGSRC, recurrent and capital amounts" after Regulation 7 of the Regulations.

Item 3 inserts new Regulation 8 to amend Schedule 1 to the Act by specifying $5,378 as an amount to replace the primary AGSRC amount for each of the 2001, 2002, 2003 and 2004 program years. It also specifies $7,101 as the amount to replace the secondary AGSRC amount specified in Schedule 1 to the Act for each of the 2001, 2002, 2003 and 2004 program years.

Item 3 also inserts new Regulation 9 to specify 1.049 as the recurrent number for each of the 2001, 2002, 2003 and 2004 program years for the purposes of the definition of recurrent number for the program year in subsection 105(1) of the Act.

Item 3 further inserts new Regulation 10 to specify 1.022 as the capital number for each of the 2001, 2002, 2003 and 2004 program years for the purposes of the definition of capital number for the program year in subsection 106(1) of the Act.