AUSTRALIAN EDUCATION ACT 2013 (NO. 67, 2013) - SECT 59 Old per student amount for 2014 less than new per student amount for 2014

AUSTRALIAN EDUCATION ACT 2013 (NO. 67, 2013) - SECT 59

             (1)  This section applies if an approved authority's old per student amount for 2014 is less than the authority's new per student amount for 2014.

Minister to determine amount during transition period

             (2)  For each year in the transition period, the amount of financial assistance that is payable under this Division to a State or Territory for the approved authority is the amount determined by the Minister under subsection (3).

             (3)  The Minister may (subject to section 60), in writing, determine the amount of financial assistance that is payable under this Division to the State or Territory for the approved authority for a year in the transition period.

Note:          Section 60 sets limits on the amounts that the Minister may determine under this subsection.

When amounts are worked out under section 32

             (4)  The amount of financial assistance that is payable under this Part to a State or Territory is worked out under section 32 for each of the approved authority's schools for each year that begins after the end of the authority's transition period.

             (5)  To avoid doubt, subsection (4) applies in relation to a school even if the approved authority does not become approved for the school or a location of the school until after 1 January 2014.

Definition of transition period

             (6)  The approved authority's transition period is the period that:

                     (a)  begins on:

                              (i)  for an approved authority for government schools located in a State or Territory--the day the determination that the State or Territory is a participating State or Territory comes into force under section 14; and

                             (ii)  for an approved authority for non-government schools--1 January 2014; and

                     (b)  ends on the day determined by the Minister as the last day of the authority's transition period.

             (7)  The Minister may determine a day as the last day of the authority's transition period.

Determination not to be inconsistent with relevant arrangement

             (8)  A determination made under subsection (3) or (7) for the approved authority must not be inconsistent with any relevant arrangement of the approved authority.

Determination not legislative instrument

             (9)  A determination under subsection (3) or (7) is not a legislative instrument.