Community Employment Act 1983 (Cth)

COMMUNITY EMPLOYMENT ACT 1983
- Updated as at 21 September 1993 (#DATE 21:09:1993)

*1* The Community Employment Act 1983 as shown in this reprint comprises Act No. 34, 1983 amended as indicated in the Tables below.

Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Community Employment Act 1983
34, 1983 19 June 1983 24 June 1983 (see Gazette 1983,
No. S124)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1984
72, 1984 25 June 1984 S. 3: (a) S. 5
Community Employment Amendment Act 1986
14, 1986 13 May 1986 13 May 1986 -
(a) The Community Employment Act 1983 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsections 2 (1) and (6) of which provide as follows:
"(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.
"(6) The amendment of subsection 4 (1) of the Community Employment Act 1983 made by this Act shall be deemed to have come into operation on 24 June 1983."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 4 am. No. 72, 1984
S. 6 am. No. 72, 1984
S. 12 am. No. 14, 1986
S. 13 ad. No. 72, 1984

COMMUNITY EMPLOYMENT ACT 1983 - TABLE OF PROVISIONS 
TABLE

                    TABLE OF PROVISIONS

Section

    1.    Short title

    2.    Commencement

    3.    Interpretation

    4.    Approval of projects

    5.    The States

    6.    Commonwealth Departments

    7.    Commonwealth authorities

    8.    Australian Capital Territory

    9.    Financial assistance

   10.    Advances

   11.    Conditions of payments

   12.    Moneys to be appropriated

   13.    Rescission of approvals

COMMUNITY EMPLOYMENT ACT 1983 - LONG TITLE 
SECT

          An Act to provide for the creation of additional

                employment throughout Australia

COMMUNITY EMPLOYMENT ACT 1983 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Community Employment Act 1983.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

COMMUNITY EMPLOYMENT ACT 1983 - SECT 2 
Commencement 
SECT

  2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

COMMUNITY EMPLOYMENT ACT 1983 - SECT 3 
Interpretation 
SECT

  3. In this Act, unless the contrary intention appears:

  "approved project" means a project approved under section 4;

  "Commonwealth authority" means a corporation (not being a company)
established for a public purpose by or under a law of the Commonwealth;

  "Department" means a Department of State of the Commonwealth;

  "State" includes the Northern Territory.

COMMUNITY EMPLOYMENT ACT 1983 - SECT 4 
Approval of projects 
SECT

  4. (1) The Minister, or an officer of the Department who is authorized by
the Minister by instrument in writing, may approve, by instrument in writing,
projects for the creation of employment.
  (2) In approving projects for the purposes of subsection (1), particular
regard shall be had to the creation of employment for the long-term unemployed
and for unemployed persons who are specially disadvantaged.

COMMUNITY EMPLOYMENT ACT 1983 - SECT 5 
The States 
SECT

  5. (1) The Minister may, on behalf of the Commonwealth, enter into an
agreement with a State for the carrying out of approved projects in the State.
  (2) Without in any way limiting the matters that may be provided for in an
agreement with a State, such an agreement shall include provision for and in
relation to:

  (a) the manner of carrying out the approved projects to which the agreement
relates;

  (b) payments to be made to the State under this Act; and

  (c) the conditions subject to which those payments shall be made.

COMMUNITY EMPLOYMENT ACT 1983 - SECT 6 
Commonwealth Departments 
SECT

  6. A Department may, with the approval of the Minister, or an officer of the
Department administered by the Minister who is authorized by the Minister by
instrument in writing, incur expenditure for the carrying out of approved
projects.

COMMUNITY EMPLOYMENT ACT 1983 - SECT 7 
Commonwealth authorities 
SECT

  7. (1) The Minister, or an officer of the Department who is authorized by
the Minister by instrument in writing, may, on behalf of the Commonwealth,
enter into an agreement with a Commonwealth authority for the carrying out, by
that authority, of approved projects.
  (2) Without in any way limiting the matters that may be provided for in an
agreement with a Commonwealth authority, such an agreement shall include
provision for and in relation to:

  (a) the manner of carrying out the approved projects to which the agreement
relates;

  (b) payments to be made to the authority under this Act; and

  (c) the conditions subject to which those payments shall be made.

COMMUNITY EMPLOYMENT ACT 1983 - SECT 8 
Australian Capital Territory 
SECT

  8. (1) The Minister administering the Seat of Government (Administration)
Act 1910, or an officer of the Department administered by that Minister, being
an officer who is authorized by that Minister by instrument in writing, may,
on behalf of the Commonwealth, enter into an agreement with a person for the
carrying out, by that person, of approved projects in the Australian Capital
Territory.
  (2) Without in any way limiting the matters that may be provided for in an
agreement under this section with a person, such an agreement shall include
provision for and in relation to:

  (a) the manner of carrying out the approved projects to which the agreement
relates;

  (b) payments to be made to the person as part of the expenditure to be
incurred under section 6 by the Department referred to in subsection (1) of
this section; and

  (c) the conditions subject to which those payments shall be made.

COMMUNITY EMPLOYMENT ACT 1983 - SECT 9 
Financial assistance 
SECT

  9. Subject to this Act, there is payable to a State, by way of financial
assistance, such amount as is, or such amounts as are, payable to the State in
accordance with an agreement under section 5.

COMMUNITY EMPLOYMENT ACT 1983 - SECT 10 
Advances 
SECT

  10. Where a Minister has entered into an agreement under this Act that
provides for the payment of advances, he may, at such times as he thinks fit,
make advances, subject to the conditions of the agreement, of such amounts as
he thinks fit on account of an amount that may become payable under the
agreement.

COMMUNITY EMPLOYMENT ACT 1983 - SECT 11 
Conditions of payments 
SECT

  11. (1) An agreement under this Act is, except so far as otherwise provided
in the agreement, subject to the following conditions:

  (a) the payee is not entitled to a payment under the agreement with respect
to any expenditure by the payee for the purposes of carrying out an approved
project unless the payee has furnished to the Minister:

    (i) in the case of an agreement with a State or a

Commonwealth authority - a statement in respect of that expenditure, in
accordance with a form approved by the Minister, accompanied by a certificate
of the Auditor-General certifying, in relation to each amount shown in the
statement as having been expended, either:

      (A) that, in his opinion, the amount was expended for the

purposes of carrying out the approved project; or

      (B) that he has received a certificate from a qualified

accountant stating that, in his opinion, the amount was expended for the
purposes of carrying out the approved project;

    (ii) in the case of an agreement with a person under section

8 - a statement in respect of that expenditure, in accordance with a form
approved by the Minister, accompanied by a certificate of a qualified
accountant certifying, in relation to each amount shown in the statement as
having been expended, that, in his opinion, the amount was expended for the
purposes of carrying out the approved project; and

    (iii) such further information, if any, as the Minister

requires in respect of that expenditure;

  (b) in relation to a payment to the payee for the purposes of carrying out
an approved project:

    (i) if the Minister so requests, the payee shall furnish to

the Minister, as soon as practicable after such date as the Minister
specifies, a report on the activities by the payee in connection with the
approved project, being a report containing such particulars as are specified
by the Minister;

    (ii) if the Minister informs the payee that he is satisfied

that the payee has failed to fulfil the condition specified in subparagraph
(i) or satisfied that the approved project or any part of the approved project
has not been undertaken, the payee shall repay the amount of the payment, or
such part of that amount as the Minister specifies, to the Commonwealth;and

    (iii) the Minister may deduct any amount repayable by the

payee in acordance with the condition specified in subparagraph (ii) from any
amount payable by the Commonwealth to the payee under this Act;

  (c) in relation to a payment to the payee:

    (i) the payee shall repay to the Commonwealth, on demand by

the Minister, the amount by which, at the time of the demand, the total of the
payments made to the payee under this Act exceeds the total of the amounts
that have become payable to the payee under this Act; and

    (ii) the Minister may deduct any amount repayable by the

payee in accordance with the condition specified in subparagraph (i) from any
amount payable by the Commonwealth to the payee under this Act.
  (2) In subsection (1):

  "Auditor-General" means:

  (a) in relation to an agreement with a State - the Auditor-General of that
State; or

  (b) in relation to an agreement with a Commonwealth authority - the
Auditor-General for the Commonwealth;

  "Minister", in relation to an agreement under section 8, means the Minister
referred to in that section;

  "payee", in relation to an agreement, means the party to which amounts are
payable by the Commonwealth under the agreement;

  "payment" includes an advance;

  "qualified accountant" means:

  (a) a person who is registered as a company auditor or a public accountant
under a law in force in a State or Territory; or

  (b) a member of The Institute of Chartered Accountants in Australia or of
the Australian Society of Accountants.

COMMUNITY EMPLOYMENT ACT 1983 - SECT 12 
Moneys to be appropriated 
SECT

  12. (1) The Consolidated Revenue Fund is appropriated to the extent of
$300,000,000 for the purposes of payments made, and expenditure incurred,
under this Act in respect of the financial year commencing on 1 July 1983.
  (2) Payments made, and expenditure incurred, under this Act in respect of
subsequent financial years shall be out of moneys appropriated by the
Parliament for the purpose, but no liability to be discharged out of moneys so
appropriated shall be incurred after 30 June 1989.

COMMUNITY EMPLOYMENT ACT 1983 - SECT 13 
Rescission of approvals 
SECT

  13. If the Minister, or an officer of the Department, rescinds an approval
given under subsection 4 (1) of a project to which an agreement under this Act
relates (including an agreement entered into before the commencement of this
section), the agreement ceases to have any further effect in relation to the
project except for the purposes of the enforcement of any right accrued, or
obligation incurred, under the agreement before the agreement so ceases to
have effect.