Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Indigenous Education (Targeted Assistance) Bill 2000

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Indigenous Education (Targeted Assistance) Act 2000 .

2   Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3   Overview of the Act

Making of agreements

             (1)  This Act allows the Minister to make an agreement with an education provider or other person or body authorising the making of payments during the 2001 to 2005 calendar years.

Agreements with education providers

             (2)  For an agreement with an education provider, the payments may be for recurrent expenditure of the provider in those years, for ABSTUDY approved courses run by the provider in those years or for particular projects.

Agreements with other persons or bodies

             (3)  For an agreement with another person or body, the payments may be for particular projects.

Payments must be for advancing the objects of this Act

             (4)  The payments under an agreement must be for advancing the objects of this Act.

Amount of the payments

             (5)  The amount of the payments must be specified in the agreement or worked out in accordance with the agreement.

Recovery of payments

             (6)  If there is a breach of a condition in an agreement, the Minister may require an amount to be repaid to the Commonwealth. If the amount is not repaid, other payments under the agreement may be reduced or the Commonwealth may recover an amount as a debt.

4   Definitions

                   In this Act, unless the contrary intention appears:

ABSTUDY approved course means a course that:

                     (a)  is provided through a mixture of distance education and either or both of the following:

                              (i)  residential education;

                             (ii)  face-to-face education; and

                     (b)  is provided at a higher education institution or a vocational education and training institution; and

                     (c)  is approved as a mixed mode away-from-base course under the ABSTUDY Scheme.

ABSTUDY payment means a payment of the kind mentioned in paragraph 10(1)(b) that is made under an agreement made under section 10.

advancing the objects of this Act includes, but is not limited to, the following:

                     (a)  publicising this Act, its objects and how it achieves those objects;

                     (b)  monitoring or evaluating the effectiveness of this Act in advancing its objects;

                     (c)  monitoring or evaluating the effectiveness of an agreement made under this Act in advancing the objects of this Act.

education provider means:

                     (a)  a State or Territory; or

                     (b)  a university or other institution providing post-secondary education; or

                     (c)  a person or body conducting, or associated with, an educational system or educational institution; or

                     (d)  a person qualified to carry out research, or give advice, about education.

Finance Minister means the Minister administering the Financial Management and Accountability Act 1997 .

funding year means the 2001, 2002, 2003, 2004 or 2005 calendar year.

higher education institution means an institution within the meaning of section 4 of the Higher Education Funding Act 1988 .

Indigenous person means:

                     (a)  a member of the Aboriginal race of Australia; or

                     (b)  a descendant of the Indigenous inhabitants of the Torres Strait Islands.

non-ABSTUDY payment means a payment (other than an ABSTUDY payment) that is made under an agreement made under this Act.

Territory means the Australian Capital Territory or the Northern Territory.

vocational education and training institution means an institution in a State or Territory that:

                     (a)  is registered as an institution providing vocational education and training by the appropriate State or Territory authority; and

                     (b)  is receiving or is eligible to receive funding from the appropriate State or Territory authority; and

                     (c)  provides courses that are accredited under State or Territory requirements for the accreditation of vocational education and training courses; and

                     (d)  is not conducted for profit.