Albury-Wodonga Development (Financial Assistance) Act 1973 (Cth)

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973
- Reprinted as at 31 August 1982 (HISTACT CHAP 515 #DATE 31:08:1982)

*1* The Albury-Wodonga Development (Financial Assistance) Act 1973 as shown in

this reprint comprises Act No. 190, 1973 amended as indicated in the Tables
below.

Table of Acts

----------------------------------------------------------------------------- Application, saving or
Number Date Date of transitional Act and year of Assent commencement provisions
----------------------------------------------------------------------------- Albury-Wodonga
Development
(Financial
Assistance) Act 1973 190, 1973 17 Dec
1973 17 Dec 1973
Administrative
Changes
(Consequential
Provisions) Act 1978 36, 1978 12 June
1978 12 June 1978 S. 8
Albury-Wodonga
Development
(Financial
Assistance)
Amendment Act 1982 42, 1982 9 June
1982 S. 3: 1 July 1981
Remainder: Royal
Assent S. 4
----------------------------------------------------------------------------- Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
----------------------------------------------------------------------------- Provision affected How affected
----------------------------------------------------------------------------- Ss. 6, 7 . . . . . . . am. No. 36, 1978
S. 10 . . . . . . . . am. No. 36, 1978
rep. No. 42, 1982
S. 11 . . . . . . . . am. No. 36, 1978
-----------------------------------------------------------------------------

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - TABLE OF 
PROVISIONS 
TABLE

                             TABLE  OF  PROVISIONS


Section

  1.       Short title

  2.       Commencement

  3.       Interpretation

  4.       Financial assistance to States

  5.       Evidence of expenditure

  6.       Advances

  7.       Financial statements

  8.       Conditions of payments under this Act

  9.       Agreed program providing for acquisition of land

  11.      Payments for certain purposes to be grants

  12.      Moneys to be used by State to reimburse expenditure

  13.      Use of land

  14.      Agreements to be tabled in Parliament

  15.      Appropriation



                                ----------------

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - LONG TITLE 
SECT

An Act to provide Financial Assistance to the States of New South Wales and
Victoria for Purposes connected with the Development of Albury-Wodonga

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - SECT. 1. 
Short title 
SECT

  1. This Act may be cited as the Albury-Wodonga Development (Financial
Assistance) Act 1973.*1*


See notes to first article of this CHAPTER.

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - SECT. 2. 
Commencement 
SECT

  2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*


See notes to first article of this CHAPTER.

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - SECT. 3. 
Interpretation 
SECT

  3. (1) In this Act, unless the contrary intention appears-

  "agreed program" means the program referred to in paragraph 4 (a);

  "Agreement" means the agreement between Australia and the States of New
South Wales and Victoria relating to the development of the Albury-Wodonga
area executed on 23 October 1973;

  "authority", in relation to a State means-

     (a)  the State Corporation established by that State;

     (b)  any other authority of that State; or

     (c)  a local governing body of that State;

  "State" means the State of New South Wales or the State of Victoria.


  (2) Unless the contrary intention appears, an expression used in this Act
and in the Agreement has the same meaning in this Act as in the Agreement.

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - SECT. 4. 
Financial assistance to States 
SECT

  4. Subject to this Act, where-

  (a)  in accordance with a program agreed upon between Australia and the
States for the purposes described in sub-clause 9 (11) of the Agreement,
moneys have been expended during the year ending on 30 June 1974 by a State,
the Development Corporation or an authority of a State; and

  (b)  the program requires, or it is agreed between Australia and the States,
that financial assistance in respect of the whole or a part of that
expenditure shall be paid to that State under this Act,

there is payable to that State, by way of financial assistance in respect of
that expenditure, an amount or amounts equal to the whole or that part of that
expenditure, as the case may be.

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - SECT. 5. 
Evidence of expenditure 
SECT

  5. A State is not entitled to a payment under section 4 in respect of any
expenditure unless the Treasurer has been furnished with-

  (a)  a statement of that expenditure in accordance with a form approved by
the Treasurer, accompanied by a certificate by-

      (i)  in the case of expenditure by the State-the Auditor-General of the
State;

     (ii)  in the case of expenditure by the Development Corporation-the
Auditor-General of Australia; or

     (iii)  in the case of expenditure by an authority of the State-the duly
appointed auditor of that authority,

    certifying that the expenditure was incurred in accordance with the agreed
program; and

  (b)  such further information, if any, in respect of that expenditure as the
Treasurer requires.

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - SECT. 6. 
Advances 
SECT

  6. (1) The Minister for Finance may, at such times and in such amounts as he
thinks fit, make advances on account of payments that may become payable under
section 4.


  (2) An amount, or part of an amount, advanced to a State under this section
may be deducted from an amount that subsequently becomes payable to that State
under section 4.


  (3) If the total amount of the payments under section 4, and the advances
under this section, made to a State exceeds the total amount payable under
section 4 to that State, the amount of the excess shall be repaid by the State
to Australia at the request of the Minister for Finance.


  (4) A State shall ensure that an amount, or any part of an amount, advanced
to the State and not repaid under sub-section (3) is not used or applied
except for the purpose of meeting or reimbursing, as the case may be, the
expenditure to which the advance relates.

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - SECT. 7. 
Financial statements 
SECT

  7. A State shall furnish the Minister for Finance with such documents and
other evidence to justify the making of an advance to the State under section
6 or to show how an amount, or any part of an amount, advanced to the State
under that section has been used or applied, as the Minister for Finance
requests, whether the request by the Minister for Finance is made before or
after the relevant advance is made.

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - SECT. 8. 
Conditions of payments under this Act 
SECT

  8. (1) A payment or advance to a State under this Act is subject to-

  (a)  such conditions, not inconsistent with this Act or the Agreement, as
are agreed between Australia and the State; and

  (b)  such of the other conditions provided for by this Act as are
applicable.


  (2) A condition agreed between Australia and a State providing for terms to
be applicable in the event of a breach of a condition by the State shall not
be taken to be inconsistent with this Act or the Agreement.


  (3) For the purposes of paragraph (1) (b), such of the provisions of this
Act as are applicable to a State shall be regarded as conditions.

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - SECT. 9. 
Agreed program providing for acquisition of land 
SECT

  9. A payment or advance to a State under this Act shall not be made in
respect of expenditure for the purposes of acquiring land unless the agreed
program clearly identifies the land to be acquired and specifies whether it
is-

  (a)  land intended for urban use, including the provision of urban
facilities; or

  (b)  land not falling within paragraph (a).

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - SECT. 11. 
Payments for certain purposes to be grants 
SECT

  11. (1) A payment under section 4 made to a State in respect of expenditure
for the purposes of acquiring land referred to in paragraph 9 (b) shall be
made by way of a grant, repayable only in the event of a breach of a condition
of the payment.


  (2) A payment made to a State in accordance with sub-section (1) in respect
of expenditure incurred by the Development Corporation or an authority of the
State is subject to the condition that the State shall, out of moneys other
than moneys paid to the State under this Act, make a grant to that Corporation
or that authority, as the case may be, of an amount bearing such proportion to
that payment as the Minister, with the concurrence of the Minister for
Finance, determines.

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - SECT. 12. 
Moneys to be used by State to reimburse expenditure 
SECT

  12. Where a payment or advance has been made to a State under this Act in
respect of expenditure by the Development Corporation or an authority of the
State, the State shall pay the amount of that payment or advance to the
Corporation or the authority, as the case may be.

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - SECT. 13. 
Use of land 
SECT

  13. Where moneys have been paid or advanced to a State under this Act in
respect of expenditure for purposes of acquiring any land, the State shall
ensure that the land so acquired is used only in accordance with the agreed
program or for such other purpose as is approved by the Ministerial Council.

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - SECT. 14. 
Agreements to be tabled in Parliament 
SECT

  14. The Minister shall cause a copy of every agreement made under this Act,
including every amending agreement, to be laid before each House of the
Parliament within 15 sitting days of that House after the date on which the
agreement was made.

ALBURY-WODONGA DEVELOPMENT (FINANCIAL ASSISTANCE) ACT 1973 - SECT. 15. 
Appropriation 
SECT

  15. Payments (including advances) to the States under this Act-

  (a)  shall not exceed an aggregate amount of $9,000,000; and

  (b)  shall be made out of the Consolidated Revenue Fund, which is
appropriated accordingly.