Document ID: chunk:federal_register_of_legislation:C2024A00097:clause:1_35a
Version: federal_register_of_legislation:C2024A00097
Segment Type: clause
Provision Reference: sch 1 cl 35A
Character Range: 6528–8379

35A  Commonwealth share

Commonwealth share—government schools
 (1) The Commonwealth share for a government school for a year (subject to subsection (2) and section 35B) is the percentage prescribed by regulations made for the purposes of this subsection.
Note: Before regulations are made for the purposes of this subsection, the Minister must consult, and have regard to any relevant decisions of, the Ministerial Council (see subsection 130(5)).
 (2) Regulations made for the purposes of subsection (1) must not prescribe a Commonwealth share for a government school for a year that is:
 (a) less than the following:
 (i) if the school is located in the Northern Territory and the year is 2029 or a later year—40%;
 (ii) otherwise—20%; or
 (b) less than a percentage (the past percentage) that has previously been prescribed, by regulations made for the purposes of subsection (1), as the Commonwealth share for the school for that year or the previous year (whether or not the regulations that prescribed the past percentage are still in force).
 (3) Without limiting the regulations that may be made for the purposes of subsection (1), those regulations may prescribe different Commonwealth shares (or different methods for working out Commonwealth shares) for government schools located in different States or Territories.
 (4) Subsection (3) does not limit the operation of:
 (a) subsection 33(3A) of the Acts Interpretation Act 1901; or
 (b) subsection 13(3) of the Legislation Act 2003.
 (5) Section 42 (disallowance) of the Legislation Act 2003 does not apply to regulations made for the purposes of subsection (1).

Commonwealth share—non‑government schools
 (6) Unless regulations made for the purposes of this subsection prescribe otherwise, the Commonwealth share for a non‑government school for a year (subject to section 35C) is 80%.