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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Education Amendment (Financial
Assistance to Non-Government
Schools) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Education Act 1990 No 8 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Education Amendment (Financial
Assistance to Non-Government
Schools) Bill 2006
Act No , 2006
An Act to amend the Education Act 1990 with respect to the provision of financial
assistance to non-government schools.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Education Amendment (Financial Assistance to Non-Government Schools)
Clause 1 Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Education Amendment (Financial Assistance to
Non-Government Schools) Act 2006.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Education Act 1990 No 8
The Education Act 1990 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the date of assent to this Act.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Education Amendment (Financial Assistance to Non-Government Schools)
Bill 2006
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 21A
Insert after section 21:
21A Financial assistance not to be paid to non-government schools
operating for profit
(1) Financial assistance under section 21 may not be paid (whether
by way of per capita grant or otherwise) to or for the benefit of a
non-government school that operates for profit.
(2) A non-government school is taken to operate for profit if any part
of its proprietor's assets (in so far as they relate to the school) or
income (in so far as it arises from the running of the school) is
paid to any other person.
(3) Despite subsection (2), a non-government school is not taken to
operate for profit just because of:
(a) any payment that its proprietor makes to a person in
connection with the person's activities as a member of the
governing body of the school, being a payment made by
way of an honorarium or as reimbursement for
out-of-pocket expenses, or
(b) any payment that its proprietor makes to a student of the
school in connection with any prize, scholarship or other
activity as a student of the school, or
(c) any payment that its proprietor makes to a person in
connection with the provision, at no more than reasonable
market value, of property, goods or services required in
relation to the running of the school, or
(d) any payment that its proprietor makes to a related
organisation that does not operate for profit, within the
meaning of this section, in connection with the provision
of property, goods or services required in relation to the
running of the school.
(4) If the Minister is of the opinion that a non-government school
receiving financial assistance under section 21 may be operating
for profit, the Minister may, by order in writing, require its
proprietor to furnish the Minister with information concerning
any contracts or other arrangements entered into by the proprietor
for the provision of property, goods or services in relation to the
running of the school.
Page 3
Education Amendment (Financial Assistance to Non-Government Schools)
Bill 2006
Schedule 1 Amendments
[2] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Education Amendment (Financial Assistance to
Non-Government Schools) Act 2006
[3] Schedule 3
Insert after Part 6 of Schedule 3:
Part 7 Provision consequent on enactment of
Education Amendment (Financial
Assistance to Non-Government Schools)
Act 2006
14 Application of section 21A
Section 21A, as inserted by the Education Amendment (Financial
Assistance to Non-Government Schools) Act 2006, applies:
(a) in relation to any school that, immediately before the
commencement of that section, was a registered
non-government school--as from 1 January 2007, and
(b) in relation to any school that is registered as a
non-government school after the commencement of that
section--as from the date on which it is registered.
Page 4
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