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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
EDUCATION (CAPITAL
ASSISTANCE) BILL 1993
Queensland
EDUCATION (CAPITAL ASSISTANCE)
BILL 1993
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Meaning of "capital project" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Meaning of granting application "in part" . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Declaration of approved authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 2--CAPITAL ASSISTANCE AUTHORITIES
7 CAAs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Funding of CAAs for administrative costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10 Affiliation with CAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Change of affiliation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12 CAAs to establish Capital Assistance Funds . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 3--FUNDING FOR CAPITAL ASSISTANCE
13 Minister may provide funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
14 Certain projects must not be funded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 4--APPLICATIONS FOR CAPITAL ASSISTANCE AND
REVIEW
Division 1--Applications for capital assistance
15 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Action by CAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 Minister to decide application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Education (Capital Assistance)
Division 2--Applications for review
18 Making of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19 Action by CAA on a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
20 Power of Minister on a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 3--Available funds
21 CAA to have regard to available funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 5--PROVISION OF CAPITAL ASSISTANCE
22 CAA may provide capital assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 6--MISCELLANEOUS
23 Return by eligible non-State schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
24 Return by CAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
25 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 7--VALIDATION OF CERTAIN PAYMENTS
26 Validation etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
27 Certain other Parts do not apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
1993
A BILL
FOR
An Act relating to the grant of capital assistance for capital projects to
certain non-State schools, and for other purposes
4
Education (Capital Assistance)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
This Act may be cited as the Education (Capital Assistance) Act 4
Clause1.
1993. 5
6
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 7
8
Definitions
In this Act-- 9
Clause3.
"approved authority" of an eligible non-State school means the person or 10
body declared under section 6 to be the approved authority of the 11
school; 12
"CAA" means a corporation whose nomination under section 7 is 13
acceptable to the Minister; 14
"capital assistance" means the provision of an amount under section 22; 15
"Capital Assistance Fund" of a CAA means the fund established by the 16
CAA under section 12; 17
"capital project" has the meaning given by section 4; 18
"eligible non-State school" means a non-State school that is-- 19
(a) a school in receipt of a subsidy (within the meaning of 20
section 72(1)(b) of the Education (General Provisions) Act 21
1989); and 22
(b) affiliated with a CAA for the purposes of this Act; 23
"non-State school" has the meaning given by section 3 of the Education 24
(General Provisions) Act 1989; 25
5
Education (Capital Assistance)
"State school" has the meaning given by section 3 of the Education 1
(General Provisions) Act 1989. 2
of "capital project" 3
Meaning
A "capital project" is a project that consists of the planning, 4
Clause4.(1)
construction, alteration, extension, renovation, relocation or upgrading of-- 5
(a) educational facilities for students; or 6
(b) boarding facilities for students including accommodation in the 7
facilities for persons supervising students in the facilities; or 8
(c) residential accommodation for teachers in a remote area of the 9
State. 10
(2) A project mentioned in subsection (1)(c) is a capital project only if the 11
Minister approves the particular project. 12
of granting application "in part" 13
Meaning
Clause5. A reference in section 16, 17 or 18 to the granting of an application 14
"in part" includes granting the application in relation to any of the 15
following-- 16
(a) a part of the project concerned; 17
(b) a part of the capital assistance sought. 18
of approved authority 19
Declaration
The Minister may declare that a person or body is the approved 20
Clause6.
authority of 1 or more eligible non-State schools. 21
PART 2--CAPITAL ASSISTANCE AUTHORITIES 22
AAs 23
C
The Queensland Catholic Education Commission may 24
Clause7.(1)
6
Education (Capital Assistance)
nominate a corporation to be a capital assistance authority. 1
(2) The Association of Independent Schools of Queensland Inc. may 2
nominate a corporation to be a capital assistance authority. 3
(3) A nomination must be in writing and given to the Minister. 4
(4) A nomination is effective only if the nominee is acceptable to the 5
Minister. 6
of CAAs for administrative costs 7
Funding
The Minister may pay amounts to a CAA on account of the 8
Clause8.(1)
administrative costs expected to be incurred by the CAA in performing its 9
functions under this Act. 10
(2) The amounts are to be paid from the amounts appropriated by the 11
Parliament for the purposes of this Act. 12
(3) The CAA may pay the administrative costs out of the amounts. 13
(4) Interest earned by a CAA on amounts paid under subsection (1) 14
(including any interest on that interest) may only be used by the CAA-- 15
(a) to pay the administrative costs; or 16
(b) to provide capital assistance. 17
unctions 18
F
Clause9. The functions of a CAA are-- 19
(a) to receive and assess applications for capital assistance from 20
approved authorities of eligible non-State schools affiliated with 21
the CAA for the purposes of this Act ("affiliated schools") and 22
to make recommendations to the Minister in relation to the 23
applications; and 24
(b) to make payments under this Act to approved authorities of 25
affiliated schools from amounts standing to the credit of the 26
CAA's Capital Assistance Fund; and 27
(c) to carry out the other functions conferred on the CAA by this Act. 28
7
Education (Capital Assistance)
with CAA 1
Affiliation
Clause10.(1) It is the responsibility of each non-State school that is a school 2
in receipt of a subsidy (within the meaning of section 72(1)(b) of the 3
Education (General Provisions) Act 1989) to become affiliated with a 4
CAA. 5
(2) A CAA must give the Minister written notice of each non-State 6
school affiliated with it for the purposes of this Act. 7
(3) The notice must be given as soon as practicable after the affiliation 8
happens. 9
(4) A non-State school may be affiliated with only 1 CAA for the 10
purposes of this Act. 11
of affiliation 12
Change
An eligible non-State school may change its affiliation from 13
Clause11.(1)
one CAA to the other CAA for the purposes of this Act only if the Minister 14
has approved the change. 15
(2) An eligible non-State school may make written application to the 16
Minister for an approval under subsection (1). 17
(3) Before deciding the application, the Minister must seek the views of 18
the CAA with which the school wishes to become affiliated about the 19
application. 20
(4) The Minister may grant or refuse the application after considering any 21
views of the CAA mentioned in subsection (3). 22
(5) If the Minister approves the application, the Minister must determine 23
the year from which the change of affiliation becomes effective. 24
(6) The change of affiliation becomes effective on 1 January in that year. 25
(7) The Minister must inform the applicant and each CAA in writing of 26
the Minister's decision on the application. 27
(8) If the Minister refuses the application, the Minister must give the 28
applicant written reasons for the decision. 29
8
Education (Capital Assistance)
AAs to establish Capital Assistance Funds 1
C
Each CAA must establish a fund called the (name of CAA) 2
Clause12.(1)
Capital Assistance Fund. 3
(2) Each CAA must pay into its Capital Assistance Fund-- 4
(a) amounts paid to the CAA under section 13; and 5
(b) interest mentioned in section 8 that is to be used to provide capital 6
assistance; and 7
(c) amounts of capital assistance returned to the CAA by an 8
approved authority under an agreement mentioned in section 22; 9
and 10
(d) interest earned on the amounts in the Fund. 11
(3) A CAA must deposit the amounts standing to the credit of its Capital 12
Assistance Fund with-- 13
(a) a bank; or 14
(b) a person, body or fund approved by the Treasurer. 15
(4) The CAA must keep the deposits separate from its other deposits 16
with the bank or the person, body or fund. 17
(5) Amounts received by a CAA that are required to be paid into its 18
Capital Assistance Fund are held by the CAA on behalf of the State. 19
(6) Amounts standing to the credit of a CAA's Capital Assistance Fund 20
may be used by the CAA only to provide capital assistance. 21
ART 3--FUNDING FOR CAPITAL ASSISTANCE 22
P
may provide funds 23
Minister
The Minister may pay amounts to a CAA for the purpose of 24
Clause13.(1)
enabling the CAA to provide capital assistance. 25
(2) The amounts are to be paid from amounts appropriated by the 26
Parliament for the purposes of this Act. 27
9
Education (Capital Assistance)
projects must not be funded 1
Certain
Clause14.(1) Capital assistance must not be provided for-- 2
(a) the acquisition of land; or 3
(b) the planning, construction, alteration, extension, renovation, 4
relocation or upgrading of-- 5
(i) a facility that has religious worship as its sole or principal 6
purpose; or 7
(ii) a facility of a type not usually provided by the State in State 8
schools. 9
(2) Subsection (1)(b)(ii) does not apply to the provision of boarding 10
facilities for students at an eligible non-State school including 11
accommodation in the facilities for persons supervising students in the 12
facilities if-- 13
(a) the facilities are to be or are situated in the school grounds; or 14
(b) the Minister approves the provision of the facilities. 15
(3) For the purpose of subsection (1)(b)(ii), a facility is to be taken to be 16
usually provided by the State only if the whole of its cost is usually borne-- 17
(a) by the State or the Commonwealth; or 18
(b) partly by the State and the Commonwealth. 19
(4) Capital assistance must not be provided for a capital project if-- 20
(a) a contract for the project has been entered into; or 21
(b) site work or other building work for the project has been started; 22
before the Minister grants an application for capital assistance for the 23
project. 24
10
Education (Capital Assistance)
PART 4--APPLICATIONS FOR CAPITAL 1
ASSISTANCE AND REVIEW 2
Division 1--Applications for capital assistance 3
4
Application
The approved authority of an eligible non-State school may, 5
Clause15.(1)
before the day prescribed by regulation for the relevant year, apply to the 6
Minister for capital assistance for a proposed capital project to be carried out 7
at the school during the year or either or both of the 2 following years. 8
(2) The application must be made in writing through the CAA with 9
which the school is affiliated. 10
(3) The application must specify the amount of capital assistance sought. 11
(4) The application must contain, or be accompanied by, the information 12
that may be required by regulation. 13
ction by CAA 14
A
On receipt of an application under section 15, the CAA 15
Clause16.(1)
must-- 16
(a) assess it, having regard to the criteria prescribed by regulation; 17
and 18
(b) recommend to the Minister whether it should be granted in whole 19
or in part or refused. 20
(2) The recommendation must be in writing, give reasons for the 21
recommendation and be given to the Minister by the day prescribed by 22
regulation for the relevant year. 23
to decide application 24
Minister
Clause17.(1) On receipt of the recommendation and the application to which 25
it relates, the Minister may grant the application in whole or part or refuse 26
the application. 27
11
Education (Capital Assistance)
(2) In deciding the application, the Minister may have regard solely or 1
principally to the CAA's recommendation. 2
(3) The Minister must inform the applicant and the CAA in writing of 3
the decision. 4
(4) If the Minister grants the application only in part or refuses the 5
application, the Minister must give the CAA written reasons for the 6
decision. 7
(5) The CAA must give a copy of the reasons to the applicant. 8
Division 2--Applications for review 9
of application 10
Making
If an application for capital assistance is granted by the 11
Clause18.(1)
Minister (whether in whole or part), the approved authority of the eligible 12
non-State school concerned may apply to the Minister to have the 13
application reviewed with a view to having the amount of capital assistance 14
increased. 15
(2) The application must be made in writing through the CAA with 16
which the school is affiliated. 17
(3) The application must specify-- 18
(a) the amount of the increase; and 19
(b) the reasons for which the increase is sought. 20
by CAA on a review 21
Action
On receipt of an application under section 18, the CAA 22
Clause19.(1)
must-- 23
(a) assess it having regard to the criteria prescribed by regulation; and 24
(b) recommend to the Minister whether-- 25
(i) the amount of capital assistance previously granted should 26
be increased by the amount sought or a lesser amount; or 27
(ii) the application should be refused. 28
12
Education (Capital Assistance)
(2) The recommendation must be in writing, give reasons for the 1
recommendation and be given by the CAA to the Minister as soon as 2
practicable after the CAA decides the recommendation. 3
of Minister on a review 4
Power
Clause20.(1) On receipt of the recommendation and the application to which 5
it relates, the Minister may-- 6
(a) approve that the amount of capital assistance previously granted 7
be increased by the amount sought or a lesser amount; or 8
(b) refuse the application. 9
(2) In deciding the application, the Minister may have regard solely or 10
principally to the CAA's recommendation. 11
(3) The Minister must inform the applicant and the CAA in writing of 12
the decision. 13
(4) If the Minister approves that the amount of capital assistance 14
previously granted be increased by less than the amount sought or refuses 15
the application, the Minister must give the CAA written reasons for the 16
decision. 17
(5) The CAA must give a copy of the reasons to the applicant. 18
Division 3--Available funds 19
to have regard to available funds 20
CAA
In making a recommendation to the Minister in relation to an 21
Clause21.(1)
application under section 15 or 18, a CAA must have regard to the amount 22
that is available to provide capital assistance to eligible non-State schools 23
affiliated with the CAA (the "available amount"). 24
(2) The available amount is the amount advised to the CAA by the 25
Minister for the purposes of this section. 26
13
Education (Capital Assistance)
ART 5--PROVISION OF CAPITAL ASSISTANCE 1
P
may provide capital assistance 2
CAA
If the Minister grants an application by the approved authority 3
Clause22.(1)
of an eligible non-State school for capital assistance for a proposed capital 4
project, the CAA with which the school is affiliated must provide the 5
approved authority with the amount granted for the project. 6
(2) However, the CAA must not provide the amount until-- 7
(a) the CAA and the approved authority have entered into a written 8
agreement for the project; and 9
(b) at least 25% of the value of the works relating to the project has 10
been completed. 11
(3) The agreement must be in the form approved by the Minister for the 12
project. 13
ART 6--MISCELLANEOUS 14
P
by eligible non-State schools 15
Return
Clause23.(1) In this section-- 16
"year" means the period of 12 months beginning on 1 April. 17
(2) If the approved authority of an eligible non-State school receives or 18
retains capital assistance in a year (the "relevant year"), the authority must, 19
by the day prescribed by regulation for the following year, give to the CAA 20
with which the school was affiliated when the assistance was provided a 21
written return-- 22
(a) identifying the capital project to which the assistance relates; and 23
(b) stating whether or not the project was completed in the relevant 24
year; and 25
(c) specifying the amount spent on the project as at the end of the 26
relevant year; and 27
14
Education (Capital Assistance)
(d) specifying the amount (if any) held on account of the project at 1
the end of the relevant year; and 2
(e) specifying the amounts, and sources of the amounts, used to fund 3
the project; and 4
(f) containing any other information required by regulation. 5
(3) The CAA must make the statement available for inspection to a 6
person approved by the Minister for that purpose. 7
(4) The person may make a copy of, or take extracts from, the statement 8
and for that purpose may retain it in the person's possession for a 9
reasonable period. 10
eturn by CAA 11
R
A CAA must, by the day prescribed by regulation for each 12
Clause24.(1)
year, give to the Minister a written return for the previous year (the 13
"previous year")-- 14
(a) containing an audited statement of the amounts received by it 15
under section 8 in the previous year, interest received on the 16
amounts and the expenditure of the amounts; and 17
(b) containing an audited statement of its Capital Assistance Fund 18
showing details of the amounts paid to and from the Fund in the 19
previous year and the financial position of the Fund at the 20
beginning and end of the previous year; and 21
(c) giving details of capital projects of which it has been advised 22
under section 23; and 23
(d) containing an assessment of the scheme provided for by this Act 24
including the effectiveness of the assessment criteria mentioned in 25
sections 16(1)(a) and 19(1)(a); and 26
(e) stating any other information prescribed by regulation. 27
(2) The audit mentioned in subsection (1) must be carried out by a 28
person approved by the Minister. 29
15
Education (Capital Assistance)
1
Regulations
The Governor in Council may make regulations for the purposes 2
Clause25.
of this Act. 3
PART 7--VALIDATION OF CERTAIN PAYMENTS 4
etc. 5
Validation
Amounts paid before the commencement of this section in 6
Clause26.(1)
relation to non-State schools under the schemes known as the Interest 7
Assistance to Non-State Schools Scheme and the Capital Assistance 8
Scheme are taken to be, and always to have been, lawfully paid. 9
(2) The Minister may continue to pay amounts under the schemes to 10
meet commitments existing under the schemes at the commencement of 11
this section. 12
(3) Amounts mentioned in subsection (2) may be paid out of amounts 13
appropriated by the Parliament for the purposes of this Act. 14
other Parts do not apply 15
Certain
Clause27. Parts 2 to 6 do not apply to an amount paid under this Part. 16
17
© State of Queensland 1993
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