Commonwealth Consolidated Acts

AUSTRALIAN EDUCATION ACT 2013 - SECT 130

  (1)   The Governor - General may make regulations prescribing matters:

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

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

Content of the regulations

  (2)   Without limiting subsection   (1), the regulations may prescribe the following:

  (a)   penalties, not exceeding 50 penalty units, for offences in the regulations relating to:

  (i)   the requirement to provide information relating to a school's census; or

  (ii)   using or disclosing school education information;

  (b)   if a provision of this Act (including the regulations) permits or requires a decision to be made--matters that the decision - maker may or must (as prescribed by the regulations) have regard to in making the decision.

Example:   A provision of this Act permits or requires a decision to be made if the provision permits or requires the Minister to make a determination of an administrative character.

  (3)   The regulations may allow the Minister to determine matters in relation to anything in relation to which regulations may be made.

  (4)   Despite subsection   14(2) of the Legislation Act 2003 , the regulations may provide in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or other writing as in force or existing from time to time.

Requirement to consult Ministerial Council

  (5)   Before the Governor - General makes one of the following, the Minister must consult, and have regard to any relevant decisions of, the Ministerial Council:

  (a)   a regulation for the purposes of:

  (i)   subsection   22(1) (conditions of financial assistance--implementing national policy initiatives relating to school education); or

  (ii)   section   22A (conditions of financial assistance--maintaining State and Territory contributions);

  (iii)   section   24 (condition of financial assistance--recovering amounts);

  (b)   a regulation that will affect an approved authority for a government school for the purposes of:

  (i)   section   77 (ongoing policy requirements for approved authorities); or

  (ii)   section   78 (ongoing funding requirements for approved authorities).