I move:

That the Australian Education Amendment (2022 Capital Funding Indexation) Regulations 2022, made under the Australian Education Act 2013, be disallowed [F2022L01167].

Twelve sitting days remain, including today, to resolve the motion or the instrument will be deemed to have been disallowed.

I seek leave to make a short statement.

Leave is granted for one minute.

The government will be opposing this disallowance motion. The Capital Grants Program provides funding for non-government schools to improve capital infrastructure where they otherwise may not have access to sufficient capital resources. The Capital Grants Program has strong, long-term bipartisan support. Funding is allocated to schools according to identified student need. We made the point before the election that we remain committed to working with the states and territories to get every school to a hundred per cent of its fair funding level, and that absolutely remains the case.

I seek leave to make a short statement.

Leave is granted for one minute.

These regulations would increase the capital funding indexation percentage for block grant authorities for non-government schools in 2022, thereby increasing federal funding to capital works for private schools by $15.6 million up to a total annual sum of $194.5 million. As of last night's budget, private school funding across the forward estimates will now be $1.7 billion more than the amount the previous government committed in their final budget. A greater proportion of federal funding for schools is now going to private schools, which is worse than under the Morrison government. This disallowance would maintain the indexation for capital works for non-government schools at its current rate. It doesn't suddenly rip money away from private schools. They still get $179 million per year for capital works.

The question is that business of the Senate notice of motion No. 2 be agreed to. Senator Lambie, once the doors are locked you shouldn't be allowed in. On this occasion it's not going to make any difference, but really you should not have been allowed in. I called, 'Lock the doors,' and the doors had been closed.