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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Education (Consequential
and Transitional Provisions) Bill 2013
No. , 2013
(Education, Employment and Workplace Relations)
A Bill for an Act to deal with consequential and
transitional matters in connection with the
Australian Education Act 2013, and for related
purposes
i Australian Education (Consequential and Transitional Provisions) Bill 2013 No. ,
2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Federal Financial Relations Act 2009
3
Schools Assistance Act 2008
4
Schedule 2--Transitional provisions
5
Australian Education (Consequential and Transitional Provisions) Bill 2013 No. , 2013
1
A Bill for an Act to deal with consequential and
1
transitional matters in connection with the
2
Australian Education Act 2013, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Australian Education (Consequential
7
and Transitional Provisions) Act 2013.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2 Australian Education (Consequential and Transitional Provisions) Bill 2013 No. ,
2013
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
At the same time as the Australian
Education Act 2013 commences.
1 January 2014
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments Schedule 1
Australian Education (Consequential and Transitional Provisions) Bill 2013 No. , 2013
3
Schedule 1
--
Amendments
1
2
Federal Financial Relations Act 2009
3
1 Section 11
4
Repeal the section.
5
2 Subsections 12(3), 13(3) and 14(3) (notes)
6
Repeal the notes.
7
3 Section 15
8
Repeal the section.
9
4 Transitional provisions
10
(1)
Section 11 of the FFR Act continues to apply (subject to subitem (3)) in
11
relation to the financial year starting on 1 July 2013 despite the repeal
12
of that section by this Schedule.
13
(2)
To avoid doubt, the Minister may do the following in relation to that
14
financial year after section 11 has been repealed:
15
(a) make a determination under subsection 11(4) or (5);
16
(b) if a State has been paid less than the amount that, under
17
section 11, it was entitled to receive for that financial year--
18
make a payment to the State under that section of an amount
19
equal to the shortfall.
20
(3)
The total amount of all financial assistance payable under
21
subsection 11(1) of the FFR Act to the States for that financial year is
22
half the amount worked out in accordance with paragraph 11(2)(c) of
23
that Act.
24
(4)
Subitem (3) does not apply in relation to subsection 65(6) (amount
25
payable for non-participating schools) of the Australian Education Act
26
2013.
27
(5)
In this item:
28
FFR Act means the Federal Financial Relations Act 2009.
29
Schedule 1 Amendments
4 Australian Education (Consequential and Transitional Provisions) Bill 2013 No. ,
2013
State has the meaning given by the Federal Financial Relations Act
1
2009.
2
Schools Assistance Act 2008
3
5 Paragraph 3(3)(b)
4
Omit "2014", substitute "2013".
5
6 Section 4 (paragraph (b) of the definition of program year)
6
Omit ", 2013 or 2014", substitute "or 2013".
7
Transitional provisions Schedule 2
Australian Education (Consequential and Transitional Provisions) Bill 2013 No. , 2013
5
Schedule 2
--
Transitional provisions
1
2
1 Definitions
3
(1)
In this Schedule:
4
the new Act means the Australian Education Act 2013.
5
the old Act means the Schools Assistance Act 2008.
6
(2)
Expressions used in this Schedule that are defined for the purposes of
7
the new Act, and used in relation to the new Act, have the same
8
meaning as in the new Act.
9
(3)
Expressions used in this Schedule that are defined for the purposes of
10
the old Act, and used in relation to the old Act, have the same meaning
11
as in the old Act.
12
2 Approved authorities for non-government schools
13
(1)
This item applies in relation to a body that was an approved authority
14
under the old Act on 31 December 2013.
15
Deemed approval
16
(2)
If the body was an approved authority for an approved school system,
17
then for the purposes of the new Act, the Minister is taken to have
18
approved, under subsection 73(1) of that Act, the body to be an
19
approved authority for each approved school that was a member of the
20
system on 31 December 2013.
21
(3)
If the body was an approved authority for an approved non-systemic
22
school, then for the purposes of the new Act, the Minister is taken to
23
have approved, under subsection 73(1) of that Act, the body to be an
24
approved authority for the school.
25
When approval is taken to be in force
26
(4)
An approval under this item is taken to be in force on and after
27
1 January 2014.
28
Schedule 2 Transitional provisions
6 Australian Education (Consequential and Transitional Provisions) Bill 2013 No. ,
2013
Things taken to be specified in deemed approval
1
(5)
For the purposes of section 79 (limitation on approval) of the new Act,
2
the following things are taken to be specified in an approval of an
3
approved authority that is taken to be in force under this item:
4
(a) each approved school for which the authority is taken to be
5
approved;
6
(b) each location that, on 31 December 2013, was approved for
7
each such school;
8
(c) each level of education that, on 31 December 2013, was
9
approved for each such location.
10
3 Non-bodies corporate
11
(1)
Despite subsection 75(2) of the new Act, an approved authority that:
12
(a) is taken to be an approved authority for the purposes of the
13
new Act under item 2 of this Schedule; and
14
(b) was not a body corporate on 31 December 2013;
15
is required to be a body corporate only on and after 1 January 2015.
16
(2)
If:
17
(a) an approved authority is taken to be an approved authority
18
(the new approved authority) for the purposes of the new Act
19
under item 2 of this Schedule; and
20
(b) the new approved authority becomes a body corporate before
21
1 January 2015;
22
then for the purposes of the new Act, the body corporate is taken to be
23
the new approved authority.
24
Note:
The effect of subitem (2) is that if the new approved authority was originally covered by
25
section 59, 61 or 62 of the new Act (transitional recurrent funding for participating
26
schools), those provisions will continue to apply to the body corporate even though it is
27
a new legal entity.
28
4 Applications for approved authorities that have not been
29
dealt with by 31 December 2013
30
(1)
This item applies if:
31
(a) a body applies for the purposes of the old Act to be approved
32
as an approved authority for a school; and
33
(b) a decision on the application has not been made by
34
31 December 2013.
35
Transitional provisions Schedule 2
Australian Education (Consequential and Transitional Provisions) Bill 2013 No. , 2013
7
(2)
For the purposes of the new Act, the application is taken to have been
1
made under section 72 of the new Act.
2
(3)
Despite subsection 73(6) of the new Act, a day specified under that
3
subsection in relation to an application that is taken, under this item, to
4
have been made under section 72 of the new Act must not be earlier
5
than 1 January 2014.
6
5 Approved authorities for government schools
7
(1)
For the purposes of the new Act, the Minister is taken to have approved,
8
under subsection 73(1) of that Act, a State or Territory to be the
9
approved authority for government schools located in the State or
10
Territory.
11
When approval is taken to be in force
12
(2)
An approval under this item is taken to be in force on and after
13
1 January 2014.
14
Things taken to be specified in deemed approval
15
(3)
For the purposes of section 79 (limitation on approval) of the new Act,
16
the following things are taken to be specified in an approval of an
17
approved authority for government schools located in a State or
18
Territory that is taken to be in force under this item:
19
(a) each school for which the authority is taken to be approved;
20
(b) each location that, on 31 December 2013, was approved by
21
the State or Territory for each government school;
22
(c) each level of education that, on 31 December 2013, was
23
approved by the State or Territory for each location.
24
6 Block grant authorities
25
(1)
This item applies in relation to a body corporate that was a block grant
26
authority under the old Act on 31 December 2013.
27
Deemed approval
28
(2)
For the purposes of the new Act, the Minister is taken to have approved,
29
under subsection 83(1) of that Act, the body to be a block grant
30
authority for each school in relation to which the body was, on
31
31 December 2013, a block grant authority under the old Act.
32
Schedule 2 Transitional provisions
8 Australian Education (Consequential and Transitional Provisions) Bill 2013 No. ,
2013
When approval is taken to be in force
1
(3)
An approval under this item is taken to be in force on and after
2
1 January 2014.
3
Things taken to be specified in deemed approval
4
(4)
For the purposes of section 86 (limitation on approval) of the new Act,
5
the schools referred to in subitem (2) are taken to be specified in the
6
approval of the block grant authority that is taken to be in force under
7
this item.
8
7 No notice of decision required
9
Section 119 (notice of decision) of the new Act does not apply in
10
relation to an approval that is taken to be in force under this Schedule.
11
8 Variation or revocation of deemed approvals
12
This Schedule does not prevent an approval that is taken to be in force
13
under this Schedule from being varied or revoked.
14
9 Implementation plans and school improvement plans
15
Implementation plans
16
(1)
An approved authority for more than one participating school must
17
comply with Part 7 of the new Act on and from 1 January 2014.
18
School improvement framework and plans
19
(2)
An approved authority for a school must have:
20
(a) a school improvement framework in accordance with
21
subparagraph 77(2)(d)(i) of the new Act; and
22
(b) a school improvement plan for the school in accordance with
23
subparagraph 77(2)(d)(ii) of the new Act;
24
on and from 1 January 2015.
25
10 Majority Aboriginal and Torres Strait Islander schools
26
For the purposes of the definition of majority Aboriginal and Torres
27
Strait Islander school in section 8 of the new Act, a school's census
28
day for 2013 is the schools census day for the school for that year under
29
the old Act.
30
Transitional provisions Schedule 2
Australian Education (Consequential and Transitional Provisions) Bill 2013 No. , 2013
9
11 SES scores
1
(1)
If a determination of a school's SES score is in force under
2
subsection 72(2) of the old Act on 31 December 2013, then for the
3
purposes of the new Act, the determination is taken to have been made
4
for the school under section 52 of the new Act.
5
(2)
A determination that is taken to have been made under subitem (1) is
6
not a reviewable decision.
7
(3)
A determination under this item is taken to be in force on and after
8
1 January 2014.
9
(4)
Subitem (1) does not prevent a new determination being made for the
10
school under section 52 of the new Act.
11
12 Regulations
12
(1)
Before 1 January 2015, regulations made under section 130 of the new
13
Act may prescribe modifications of the operation of that Act that are
14
necessary or convenient to deal with transitional matters arising from
15
the enactment of that Act.
16
(2)
Without limiting subitem (1), a modification of the operation of that Act
17
may result in a different amount of financial assistance being payable
18
under that Act.
19
(3)
Subsection 130(5) of the new Act (requirement to consult Ministerial
20
Council) does not apply in relation to any regulations made before
21
1 January 2014.
22
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