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Schools Assistance Bill 2008

Part 10 Miscellaneous

Division 1 Timing and amounts of financial assistance

162   Timing and amounts of financial assistance—general

                   Financial assistance authorised to be paid to a State or States under this Act is to be paid in such amounts, and at such times, as the Minister determines.

Note:          A determination may apply in relation to a particular class or classes of financial assistance (see subsection 33(3A) of the Acts Interpretation Act 1901 ). For example, a determination may cover financial assistance payable to a particular State or States, under a particular provision or provisions, or for a particular program year or program years, or any combination of these.

163   Timing and amounts of financial assistance—advances

             (1)  The Minister may make an advance to a State on account of an amount that is expected to become payable under this Act to the State.

             (2)  The conditions that would apply to the payment apply to the advance.

164   Timing and amounts of financial assistance—determinations

                   If this Act provides that the Minister may make a determination authorising the making of payments to a State, the determination may either:

                     (a)  set out the amounts authorised to be paid; or

                     (b)  authorise the Minister (or another person named in the determination) to decide those amounts.



 

Division 2 False or misleading statements

165   False or misleading statements—reduction of payments

Scope

             (1)  This section applies if:

                     (a)  a person made a statement relating to the grant of financial assistance for a non-government body for the purposes of:

                              (i)  an Education Assistance Act; or

                             (ii)  an agreement made as mentioned in an Education Assistance Act; and

                     (b)  the statement was made to:

                              (i)  the Minister administering that Act; or

                             (ii)  the Secretary of the Department administering that Act; or

                            (iii)  an APS employee in the Department administering that Act; or

                            (iv)  a block grant authority or a person employed by or acting on behalf of, a block grant authority, for the purposes of that Act; and

                     (c)  the statement was false or misleading in a material particular; and

                     (d)  relying on the statement, a payment has been made under this Act to a State, for a non-government body (including a block grant authority or a nominated authority), of an amount that, in the Minister’s opinion, exceeds the amount that would have been authorised to be paid if the statement had not been false or misleading in a material particular.

Reducing amounts payable for the non-government body

             (2)  The Minister may make a determination reducing any amount payable to the State under this Act for the non-government body (as appropriate), in one or more program years, by the amount of the excess.

             (3)  A determination under this section may take effect from a day before the day on which the determination is made.

166   False or misleading statements—variation of SES score

Scope

             (1)  This section applies if:

                     (a)  a person made a statement relating to the grant of financial assistance for a non-government body for the purposes of:

                              (i)  an Education Assistance Act; or

                             (ii)  an agreement made as mentioned in an Education Assistance Act; and

                     (b)  the statement was made to:

                              (i)  the Minister administering that Act; or

                             (ii)  the Secretary of the Department administering that Act; or

                            (iii)  an APS employee in the Department administering that Act; and

                     (c)  the statement was false or misleading in a material particular; and

                     (d)  as a result of the statement, a non-government school:

                              (i)  obtains a higher funding level for the purposes of meeting recurrent expenditure than, in the Minister’s opinion, the school may have obtained if the statement had not been made; or

                             (ii)  obtains a larger amount under Division 8 (remoteness loading) of Part 4 than, in the Minister’s opinion, the school may have obtained if the statement had not been made.

Variation of SES score for the school

             (2)  The Minister may make a determination under section 75 varying the SES score for the school.

             (3)  A determination mentioned in subsection (2) may be stated to apply for a program year before the program year in which the determination is made.



 

Division 3 Appropriation and borrowings

167   Appropriation

                   The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act.

168  Borrowings for capital expenditure

                   The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911 , or in accordance with the provisions of an Act authorising the issue of Treasury Bills, borrow amounts totalling not more than the sum of the amounts that may become payable to the States under Part 5 (capital expenditure) of this Act.



 

Division 4 Administration

169  Administration—determinations and approvals

             (1)  A determination or approval by the Minister under this Act must be in writing.

             (2)  A determination or approval takes effect on:

                     (a)  the day stated for the purpose in the determination or approval; or

                     (b)  if no day is stated—the day on which the determination is made, or the approval is given.

             (3)  The provision of this Act under which, or for the purposes of which, a determination is made or an approval is given may permit the determination or approval to take effect before the day on which the determination is made, or the approval is given.

             (4)  This subsection authorises the Minister to do something covered by subsection (5) if:

                     (a)  a provision of this Act refers to that thing as being done by the Minister; and

                     (b)  no other provision of this Act expressly authorises the Minister to do the thing.

             (5)  This subsection covers the following:

                     (a)  the making of a determination;

                     (b)  the giving of an approval;

                     (c)  the doing of an act or any other thing.

             (6)  In this Act, a reference to a determination or approval by the Minister is a reference to such a determination or approval that is in force.

170   Administration—general power to vary or revoke determinations and approvals

Determination power includes power to revoke or vary

             (1)  The power of the Minister under this Act to make a determination or give an approval includes the power, by writing, to revoke or vary a previous determination made, or previous approval given, in the exercise of the power.

             (2)  However, subsection (1) does not apply in relation to the following determinations:

                     (a)  an SES score determination;

                     (b)  an approved school determination;

                     (c)  an approved school system determination;

                     (d)  an approved authority determination.

Note:          The Minister has express power to revoke or vary the determinations mentioned in subsection (2) under the following provisions:

(a)    for an SES score determination—Division 11 of Part 4;

(b)    for an approved school determination—Part 7;

(c)    for an approved school system determination—Part 8;

(d)    for an approved authority determination—Part 9.

Instruments of revocation or variation

             (3)  An instrument that is expressed to revoke a determination as previously varied, or to revoke an approval as previously varied, has effect as the revocation of the determination or approval and of every later instrument so far as that later instrument varied the determination or approval or varied the determination or approval as previously varied.

             (4)  An instrument that is expressed to vary a determination as previously varied or to vary an approval as previously varied has effect according to its terms even if it does not specifically refer to the previous instruments of variation.

More than one revocation or variation per instrument

             (5)  The one instrument may contain one or more revocations or one or more variations, or both.

Date of effect

             (6)  An instrument of revocation or variation takes effect, subject to subsection (7), on:

                     (a)  the day stated for the purpose in the instrument; or

                     (b)  if no day is stated—the day on which the instrument is made.

             (7)  An instrument revoking or varying a determination or approval may take effect before the day of the making of the instrument only if the provision under (or for the purposes of which) the determination or approval was made or given permits the determination or approval to take effect before it was made or given.

171   Administration—delegation

                   The Minister may, by written instrument, delegate all or any of the Minister’s powers and functions under this Act or under an agreement mentioned in this Act to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee in the Department.

Note:          SES employee is defined in the Acts Interpretation Act 1901 .

172   Administration—annual report by Minister

                   As soon as practicable after 30 June next following a program year, the Minister must cause a report dealing with the following to be laid before each House of the Parliament:

                     (a)  the financial assistance (if any) granted in the year under this Act for recurrent expenditure;

                     (b)  the application of the financial assistance (if any) granted in the year under this Act (including financial assistance by way of capital grants).



 

Division 5 Overseas students

173   Overseas students not covered

Overseas students not covered

             (1)  Financial assistance under this Act is not to be provided to a State for overseas students.

Definition of overseas student

             (2)  In this Act:

overseas student means a person:

                     (a)  to whom one or more of the following subparagraphs applies:

                              (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 specified by the regulations made for the purposes of subsection (3); and

                     (b)  who is not covered by a determination made under subsection (4).

             (3)  The regulations may specify a person for the purposes of subparagraph (a)(iii) of the definition of overseas student in subsection (2).

Note:          The regulations may specify a person by reference to a class of persons (see subsection 13(3) of the Legislative Instruments Act 2003 ).

             (4)  For the purposes of this Act, the Minister may, by legislative instrument, determine that a person is not an overseas student .

Note:          A determination may specify a person by reference to a class of persons (see subsection 13(3) of the Legislative Instruments Act 2003 ).

Transitional regulations and determinations

             (5)  Regulations made for the purposes of paragraph (b) of the definition of overseas student in subsection 67(2) of the former Act, and in force on 31 December 2008, are taken to have been made for the purposes of subsection (3) of this section.

             (6)  A determination made by the relevant Minister for the purposes of the definition of overseas student in subsection 67(2) of the former Act, and in force on 31 December 2008, is taken to be a determination made under subsection (4) of this section.



 

Division 6 Regulations

174   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.