AUSTRALIAN EDUCATION ACT 2013

Table of Provisions

• Long Title
• Preamble

PART 1--PRELIMINARY

Division 1--Preliminary

• 1 Short title  
• 2 Commencement  
• 3 Objects of this Act  
• 4 Guide to this Act  
• 5 Binding the Crown  

Division 2--Interpretation

• 6 Definitions  
• 8 Definition of majority Aboriginal and Torres Strait Islander school  
• 9 Definition of overpayment  
• 11 Definition of recoverable payment  
• 11A Definition of SRS indexation factor  
• 12 Definition of total entitlement  
• 13 Definitions of kinds of schools based on location  
• 15 Levels of education  
• 16 Working out the number of students at a school for a year  
• 18 Minister to make determinations in relation to locations of schools  
• 19 Non - government schools providing only distance education  

PART 2--GRANTS--OF FINANCIAL ASSISTANCE TO STATES AND TERRITORIES

• 20 Guide to this Part  
• 21 Financial assistance for schools  
• 22 Conditions of financial assistance--implementing national policy initiatives and agreements relating to school education  
• 22A Conditions of financial assistance--State - Territory contributions  
• 23 Conditions of financial assistance--conditions relating to payments to States and Territories for non - government schools  
• 24 Condition of financial assistance--recovering amounts  
• 25 Minister to determine timing and amounts of recurrent funding  
• 26 Entitlement to recurrent funding  
• 27 Pro - rating of recurrent funding  
• 28 Minister to determine timing and amounts of capital funding  
• 29 Minister to determine timing and amounts of other funding for schools  
• 30 Minister to determine timing and amounts of funding for non - government representative body  

PART 3--RECURRENT--FUNDING FOR SCHOOLS

Division 1--Preliminary

• 31 Guide to this Part  
• 31A Eligibility for funding under this Part  

Division 2--The funding formula for schools

• 32 The amount payable for a school  
• 33 Base amount for schools  
• 34 SRS funding amounts  
• 35 School's total loading  
• 35A Commonwealth share  
• 35B Commonwealth share for transitioning government schools  
• 35C Commonwealth share for transitioning non - government schools  

Division 3--Working out loadings

• 36 Student with disability loading  
• 37 Aboriginal and Torres Strait Islander loading  
• 38 Socio - educational disadvantage loading  
• 39 Low English proficiency loading  
Subdivision B--Location loading
• 40 Location loading  
• 41 Location percentage for certain schools  
Subdivision C--Size loading
• 42 Size loading  
• 43 Definitions--kinds of schools based on size  
• 44 Definition-- maximum size loading  
• 45 Definitions-- primary percentage and secondary percentage  
• 46 Very small schools--size loading  
• 47 Very small schools--schools covered by item 3 of the table in section 46  
• 48 Very small schools--major city schools  
• 49 Very small schools--starting amount  
• 50 Very small schools--ARIA student number  
• 51 Medium - sized schools--size loading  

Division 4--Miscellaneous

• 52 Determining CTC scores  
• 53 Determinations may be on application or on Minister's own initiative  
• 54 Capacity to contribute percentage  
Subdivision B--Miscellaneous
• 55 Locations of a school  
• 56 Rounding amounts  

PART 5--CAPITAL--AND OTHER FUNDING

Division 1--Guide to this Part

• 66 Guide to this Part  

Division 2--Capital funding

• 67 Capital funding  
• 68 Limit on total amount available for capital funding for block grant authorities  

Division 3--Other funding for schools

• 69 Special circumstances funding  
• 69A Funding in prescribed circumstances  
• 69B Transition adjustment funding  

Division 4--Funding for non-government representative bodies

• 70 Funding for non - government representative bodies  

PART 6--APPROVING--AUTHORITIES AND BODIES

Division 1--Guide to this Part

• 71 Guide to this Part  

Division 2--Approving approved authorities

• 72 Application for person to be approved as an approved authority  
• 73 Approval of person  
• 74 Approval or refusal of approval on public interest grounds  
• 75 Basic requirements for approval  
• 76 Approved authorities for government schools taken to satisfy basic requirements  
• 77 Ongoing policy requirements for approved authorities  
• 78 Ongoing funding requirements for approved authorities  
• 79 Limitation on approval  
• 80 Variation or revocation of approval on application  
• 81 Variation or revocation of approval on Minister's own initiative  

Division 3--Approving block grant authorities

• 82 Application for person to be approved as a block grant authority  
• 83 Approval of person  
• 84 Basic requirements for approval  
• 85 Ongoing requirements for approval  
• 86 Limitation on approval  
• 87 Variation or revocation of approval on application  
• 88 Variation or revocation of approval on Minister's own initiative  

Division 4--Approving non-government representative bodies

• 89 Minister may invite a person to apply to be a non - government representative body  
• 90 Application for person to be approved as a non - government representative body  
• 91 Approval of person  
• 92 Basic requirements for approval  
• 93 Ongoing requirements for approval  
• 94 Limitation on approval  
• 95 Variation or revocation of approval on application  
• 96 Variation or revocation of approval on Minister's own initiative  

Division 5--Former approved authorities and bodies

• 96A Continuing requirements  

PART 8--TAKING--ACTION FOR NON-COMPLIANCE AND REQUIRING AMOUNTS TO BE REPAID

Division 1--Guide to this Part

• 107 Guide to this Part  

Division 2--Taking action for non-compliance and requiring amounts to be repaid

• 108 Application of Division for non - compliance  
• 109 Application of Division when amounts are required to be repaid  
• 110 Actions the Minister may take  
• 111 Effect of determination under paragraph 110(1)(a) or (b)  

Division 3--Recoverable payments

• 112 Recoverable payments  
• 113 Reports about recoverable payments  

PART 9--MISCELLANEOUS

Division 1--Guide to this Part

• 114 Guide to this Part  

Division 2--Rules relating to applications

• 115 Approved form for applications  
• 116 Request for further information  
• 117 Withdrawal of application  

Division 3--Review of decisions

• 118 Reviewable decisions  
• 119 Notice of decision  
• 120 Internal review of reviewable decisions  
• 121 Secretary or internal reviewer may require further information from applicants  
• 122 Review by the Administrative Appeals Tribunal  

Division 4--Miscellaneous

• 123 False or misleading information  
• 124 Secretary may arrange for use of computer programs to make decisions  
• 125 Using, disclosing or publishing school education information  
• 125A GST - inclusive payments  
• 126 Appropriation  
• 127 Annual report by Minister  
• 128 Independent reviews of arrangements and requirements relating to funding  
• 129 Delegation  
• 130 Regulations