2008

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

SENATE

 

 

 

 

 

 

SCHOOLS ASSISTANCE BILL 2008

 

 

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

 

 

 

Amendments to be moved on behalf of the Government

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Education, the Honourable Julia Gillard MP)

 

 

 

SCHOOLS ASSISTANCE BILL 2008

 

 

OUTLINE

 

The purpose of the Bill is to implement the Government’s commitment to provide stability in Commonwealth funding for non-government schools for 2009 to 2012.

 

The Bill appropriates funding for Commonwealth programs of financial assistance to the States and Territories for non-government schools.  It succeeds the Schools Assistance (Learning Together - Achievement Through Choice and Opportunity) Act 2004 (the former Act) which authorised funding for government and non-government schools for the 2005 to 2008 funding period.

 

These Government amendments to the Schools Assitance Bill 2008 (which was introduced in the House of Representatives on 24 September 2008) will have the effect of providing that:

• if a law of the Commonwealth or a State requires a non-government body or authority to be audited, and the relevant audit is expressed to be qualified or expresses concern about the financial viability of the body or authority, the Minister may determine by disallowable instrument to refuse to authorise, or delay a payment to a State for the non-government body or authority under the Act ; and
• a funding agreement under the Act must not require a report in relation to the financial operations (including the financial viability and funding sources) of a school or other non-government body, to include any information that would identify a particular body as the source of a donation to any non-government school or non-government body.

 

 

 

 

FINANCIAL IMPACT

 

 

The revenue cost against the forward estimates for both provisions is nil.

 

 

 

 

 

 

 

 

 

 

SCHOOLS ASSISTANCE BILL 2008

 

 

NOTES ON AMENDMENTS

 

Amendment 1 - Clause 15, page 19 (line 20), before “The Minister may’

 

Inserts a new subclase (1) as a section numbering amendment made necessary by amendment 2

 

 

Amendment 2 - Clause 15, page 20 (lines 4 and 5)

 

Omits the words “if a law of the Commonwealth or a State requires the body or authority to be audited—”, and substitutes the words “a law of the Commonwealth or a State requires the body or authority to be audited, and the Minister determines that this paragraph applies because”.

 

This amendment has the effect that if a law of the Commonwealth or a State requires a non-government body or authority to be audited, and the relevant audit is expressed to be qualified or expresses concern about the financial viability of the body or authority, the Minister may determine by disallowable instrument to refuse to authorise, or delay a payment to a State for the non-government body or authority under the Act.

 

 

Amendment 3 - Clause 15, page 20 (after line 8), at the end of the clause

 

Adds a new subclause (2) which provides that a determination made under paragraph (1)(c) is a disallowable instrument for the purposes of section 46B of the Acts Interpretation Act 1901 .

 

 

Amendment 4 - Clause 24, page 26 (line 16), after subclause (1)

 

Inserts a new subclause (1A) which provides that a funding agreement must not require a report mentioned in subsection 24(1) in relation to the financial operations (including the financial viability and funding sources) of a school or other non-government body, to include any information that would identify a particular body as the source of a donation to any non-government school or non-government body.  A note to new subclause (1A) clarifies that a body means any organisation or body, whether incorporated or not, or an individual (see definitions at section 4 of the Act).