Delivered Meals Subsidy Act 1970 (Cth)

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Delivered Meals Subsidy Act 1970

Act No. 5 of 1970 as amended

[Note: This Act was repealed by Act No. 111 of 2009 on 17 November 2009]

This compilation was prepared on 4 January 1999

taking into account amendments up to Act No. 155 of 1988

Prepared by the Office of Legislative Drafting,

Attorney‑General’s Department, Canberra

Contents

An Act to provide for Assistance by the Commonwealth towards the provision of Delivered Meals for Aged and Invalid Persons

1Short title [see Note 1]

This Act may be cited as the Delivered Meals Subsidy Act 1970.

2Commencement [see Note 1]

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

3Interpretation

(1)
In this Act, unless the contrary intention appears:
aged person means a person who has attained the age of 60 years.
approved meal service means a delivered meal service that is approved under section 5.
approved organisation means an eligible organisation that is approved under section 5.
Australian Capital Territory includes the Jervis Bay Territory.
base amount, in relation to an approved organisation and a State in which that organisation provides meals in the course of conducting an approved meal service, means an amount ascertained to be the base amount in accordance with subsection 6(8) in relation to that organisation and that State.
base year means the financial year commencing on 1 July 1984.
delivered meal service means a service for the provision, wholly or mainly for aged persons or invalid persons or both, of meals that are delivered from the place at which they are prepared to the homes of the persons for whom they are intended or to other places at which it is convenient for those persons to consume them.
eligible organisation means:
(a)
an organisation (other than an organisation conducted or controlled by, or by persons appointed by, the Government of the Commonwealth or of a State) that is carried on otherwise than for the purpose of profit or gain to its individual members and is:
(i)
a religious organisation;
(ii)
an organisation the principal objects or purposes of which are charitable or benevolent;
(iii)
an organisation of former members of the Defence Force established in every State or a State Branch of such an organisation; or
(iv)
an organisation determined by the Minister to be an eligible organisation for the purposes of this Act;
(b)
a local governing body; or
(c)
the trustees for the time being under a trust established for charitable or benevolent purposes, being a trust in relation to which the Minister has determined that the trustees constitute an eligible organisation for the purposes of this Act, and includes the trustee or trustees under a trust established by an organisation referred to in paragraph (a) or by a local governing body.
first relevant period means the period commencing on the prescribed commencement day and ending on 30 June 1986.
fruit includes tomatoes, and fruit juice has a corresponding meaning.
index number, in relation to a State in which meals are provided by an approved organisation in the course of conducting an approved meal service, means:
(a)
the hourly award rates of pay for adult wage earners index number for the community services industry for that State as provided by the Australian Statistician in respect of each month of March; or
(b)
the All Groups Consumer Price Index number (excluding hospital and medical services) for the capital city of that State as provided by the Australian Statistician in respect of each March quarter.
invalid person means a person who is:
(a)
permanently blind; or
(b)
permanently incapacitated for work.
local governing body means a local governing body established by or under a law of a State or Territory.
prescribed commencement day means the day on which the Home and Community Care (Miscellaneous Amendments) Act 1985 receives the Royal Assent.
relevant period means:
(a)
the first relevant period;
(b)
the second relevant period; or
(c)
the financial year commencing on 1 July 1987 or any subsequent financial year.
second relevant period means the financial year commencing on 1 July 1986.
Secretary means the Secretary to the Department.
State includes the Northern Territory and the Australian Capital Territory.
(2)
Subject to subsection (3), if at any time, whether before or after the prescribed commencement day, the Australian Statistician has provided or provides an index number in respect of a March quarter or in respect of a month of March for a State in which meals are provided by an approved organisation in the course of conducting an approved meal service in substitution for an index number previously provided for that State in respect of that quarter or that month, the first‑mentioned index number shall be disregarded for the purposes of section 6.
(3)
If at any time, whether before or after the prescribed commencement day, the Australian Statistician has changed or changes the reference base for an index number for a State in which meals are provided by an approved organisation in the course of conducting an approved meal service then, for the purposes of the application of section 6 after the change took place or takes place, regard shall be had only to the index number for that State provided in terms of the new reference base.
(4)
In determining the proportion that one period bears to another period:
(a)
a period consisting of a number of whole weeks and a part of a week shall be treated as if it were a period consisting of that number of whole weeks increased by one; and
(b)
a period consisting of a part only of one week shall be treated as if it were a period of a week.
(5)
For the purposes of subsection 6(9) where:
(a)
the total period consists of a number of whole weeks and a part of a week—the total period shall be treated as if it were a period consisting of that number of whole weeks increased by one; and
(b)
the total period consists of a part only of a week—the total period shall be treated as if it were a period of a week.

5Secretary’s approvals

(1)
The Secretary may, for the purposes of this Act:
(a)
approve an eligible organisation;
(b)
approve a delivered meals service conducted by an eligible organisation; and
(c)
approve arrangements for fresh fruit or fruit juice to be included in meals provided by an eligible organisation in the course of conducting an approved meals service.
(1A)
An arrangement referred to in paragraph (1)(c) may specify:
(a)
the kind and quantity of fresh fruit or fruit juice to be included in a meal; and
(b)
the method of delivering the fresh fruit or fruit juice to the person who is to consume it.
(2)
An approval under this section shall be given by instrument in writing.
(3)
An approval under paragraph (1)(b) or (c) takes effect, or shall be deemed to have taken effect, from a date specified in the instrument of approval, being a date not earlier than the commencement of the year next preceding the year in which the approval is given.
(4)
The Secretary shall not give an approval under paragraph (1)(a) or (b) on or after the prescribed commencement day.

6Authorisation of payments

(1)
Subject to this Act, the Secretary may authorise the payment of a subsidy to an approved organisation in respect of the provision by that organisation of meals in the course of conducting an approved meal service in a State in a relevant period.
(2)
The Secretary shall not authorise the payment of a subsidy under this Act to an approved organisation in respect of the provision by that organisation of meals in the course of conducting an approved meal service in a State:
(a)
where those meals were provided in a relevant period, or in a part of a relevant period, that occurs on or after the day on which an agreement substantially in accordance with the form contained in the Schedule to the Home and Community Care Act 1985 was, or is, entered into between the Commonwealth and that State; or
(b)
if, in the circumstances to which paragraph (a) does not apply, those meals were provided on or after the prescribed commencement day and they were the first meals to be provided by that organisation in the course of conducting that service in that State.
(3)
The amount of subsidy payable to an approved organisation in respect of the provision by that organisation of meals in the course of conducting an approved meal service in a State in a relevant period shall be determined by the Secretary but shall not exceed:
(a)
where meals were provided by that organisation in the course of conducting that service in that State during the base year—an amount equal to the lesser of:
(i)
an amount equal to the sum of:
(A)
subject to subsection (5), the product of 55 cents and the number of meals (if any) provided by that organisation in that State in that relevant period that included fresh fruit or fruit juice in accordance with an arrangement approved under section 5; and
(B)
the product of 50 cents and the number of meals (if any) provided by that organisation in that State in that relevant period that did not include fresh fruit or fruit juice; and
(ii)
the amount that is:
(A)
where the relevant period is the first relevant period—the product of the adjustment factor and the amount that bears the same proportion to the base amount in respect of that organisation and that State as the first relevant period bears to a period of 52 weeks;
(B)
where the relevant period is the second relevant period—the product of the adjustment factor and the amount that bears the same proportion to the amount calculated in accordance with sub-subparagraph (A) in respect of the provision by that organisation of meals in the course of conducting that service in that State in the first relevant period as a period of 52 weeks bears to the first relevant period; or
(C)
where the relevant period is neither the first nor the second relevant period—the product of the adjustment factor and the amount calculated in accordance with whichever of sub-subparagraph (B) or this sub-subparagraph (in a previous application of this subsection) applies in respect of the provision by that organisation of meals in the course of conducting that service in that State in the immediately preceding relevant period; and
(b)
where meals were first provided by that organisation in the course of conducting that service in that State in the period commencing on 1 July 1985 and ending on the day before the prescribed commencement day (in this paragraph referred to as the prescribed period)—an amount equal to the lesser of:
(i)
an amount equal to the sum of:
(A)
subject to subsection (5), the product of 55 cents and the number of meals (if any) provided by that organisation in that State in that relevant period that included fresh fruit or fruit juice in accordance with an arrangement approved under section 5; and
(B)
the product of 50 cents and the number of meals (if any) provided by that organisation in that State in that relevant period that did not include fresh fruit or fruit juice; and
(ii)
the amount:
(A)
where the relevant period is the first relevant period—that bears the same proportion to the amount of subsidy paid to that approved organisation in respect of the provision by that organisation of meals in the course of conducting that service in that State in the prescribed period, or in the part of that period during which the service was provided, as the first relevant period bears to the prescribed period, or to the part of that period during which that service was provided, as the case may be; or
(B)
where the relevant period is the second or a subsequent relevant period—that bears the same proportion to the amount ascertained in accordance with sub-subparagraph (A) in respect of the provision of meals in the course of conducting that service in that State in the first relevant period as a period of 52 weeks bears to the first relevant period.
(4)
The Secretary may, for the purposes of subsection (5), by notice published in the Gazette, specify conditions (in addition to any conditions applicable under section 9) relating to the operation and management of approved organisations in relation to the conduct by those organisations of approved meal services.
(5)
Where the Secretary is satisfied that an approved organisation is, in conducting an approved meal service, complying with the conditions referred to in subsection (4) that apply to that organisation, the amount of 65 cents shall be substituted for the amount of 55 cents for the purposes of the operation of sub-subparagraph (3)(a)(i)(A) or (3)(b)(i)(A).
(6)
For the purposes of subparagraph (3)(a)(ii), the adjustment factor, in respect of a relevant period and a State in which an approved organisation is providing meals in the course of conducting an approved meal service, is a number calculated in accordance with the formula where:
A and B are the hourly award rates of pay for adult wage earners index number for the community services industry for that State as provided by the Australian Statistician in relation to the series entitled “Award Rates of Pay Indexes, Australia”, in respect of the month of March in that relevant period and in respect of the preceding month of March, respectively; and
C and D are the All Groups Consumer Price Index numbers (excluding hospital and medical services) for the capital city of that State as provided by the Australian Statistician in relation to the series entitled “Consumer Price Index” in respect of the March quarter of that relevant period and in respect of the preceding March quarter, respectively.
(7)
Where the adjustment factor in respect of a relevant period and a State in which an approved organisation is providing meals in the course of conducting an approved meal service, as ascertained in accordance with subsection (6), would, but for the operation of this subsection, be less than one, that factor shall be taken to be one.
(8)
For the purposes of this section, the base amount in respect of the provision of meals by an approved organisation in the course of conducting an approved meal service in a State during the base year is an amount equal to:
(a)
where meals were provided by that organisation in the course of conducting that service in that State throughout the base year:
(i)
if none of those meals attracted a higher rate of subsidy by virtue of the operation of subsection 6(1B) as that section was in force immediately before the prescribed commencement day—subject to paragraph (c), the amount of subsidy paid or payable to that approved organisation under section 6 as that section was in force immediately before the prescribed commencement day in respect of the provision of those meals by that organisation in the course of conducting that service in that State in the base year; or
(ii)
if at least one of those meals attracted a higher rate of subsidy by virtue of the operation of subsection 6(1B) as that section was in force immediately before the prescribed commencement day—subject to paragraph (c), the product of 65 cents and the total number of meals provided by that organisation in the course of conducting that service in that State in the base year;
(b)
where meals were provided by that organisation in the course of conducting that service in that State during a period consisting of a part only of the base year (in this paragraph referred to as the prescribed period):
(i)
if none of those meals attracted a higher rate of subsidy by virtue of the operation of subsection 6(1B) as that section was in force immediately before the prescribed commencement day—subject to paragraph (c), the amount that bears the same proportion to the amount of subsidy paid or payable to that organisation under section 6 as that section was in force immediately before the prescribed commencement day in respect of the provision of meals by that organisation in the course of conducting that service in that State in the prescribed period as a period of 52 weeks bears to the prescribed period; or
(ii)
if at least one of those meals attracted a higher rate of subsidy by virtue of the operation of subsection 6(1B) as that section was in force immediately before the prescribed commencement day—subject to paragraph (c), the product of 65 cents and the number of meals that bears the same proportion to the number of meals provided in the prescribed period as a period of 52 weeks bears to the prescribed period; or
(c)
where the Secretary has, in accordance with subsection (9), given a direction specifying a period in the base year during which the number of meals provided by that organisation in the course of conducting that service in that State increased significantly:
(i)
where the amount ascertained in accordance with subparagraph (a)(i) or (b)(i) would, but for this provision, be applicable—the amount that bears the same proportion to the amount of subsidy paid or payable to that approved organisation under section 6 as that section was in force immediately before the prescribed commencement day in respect of the provision of meals by that organisation in the course of conducting that service in that State in that specified period as a period of 52 weeks bears to the specified period; or
(ii)
where the amount ascertained in accordance with subparagraph (a)(ii) or (b)(ii) would, but for this provision, be applicable—the amount that bears the same proportion to the product of 65 cents and the number of meals provided by that organisation in the course of conducting that service in that State in that specified period as a period of 52 weeks bears to the specified period.
(9)
Where the Secretary is satisfied that the number of meals provided by an approved organisation in the course of conducting an approved meal service in a State in the base year increased significantly during a significant part, or significant parts, of that year, the Secretary may give a direction in writing specifying the total period during which, in the Secretary’s opinion, the number of meals so provided increased significantly.
(10)
Where:
(a)
at least one of the meals provided by an approved organisation in the course of conducting an approved meal service in a State in the period commencing on 1 July 1985 and ending on the day before the prescribed commencement day (in this subsection referred to as the prescribed period), being an approved meal service that was provided by that organisation during the base year, attracted a higher rate of subsidy by virtue of the operation of subsection 6(1B) as that section was in force immediately before the prescribed commencement day; or
(b)
the Secretary is satisfied that the number of meals provided by an approved organisation in the course of conducting an approved meal service in a State in the prescribed period, being a service that was provided during the base year, increased significantly for a significant period during the prescribed period, the Secretary may, in respect of the first relevant period, determine, in writing, a different amount in respect of the provision of those meals by that organisation in the course of conducting that service in that State from the product calculated in accordance with sub-subparagraph (3)(a)(ii)(A) and, where the Secretary makes such a determination, that determined amount shall, for the purposes of the operation of subparagraph (3)(a)(ii), be substituted for the amount that would, but for this provision, have applied in respect of the first relevant period under sub-subparagraph (3)(a)(ii)(A) had no determination been made.

6AAdvances

(1)
The Secretary may, by writing, at such times as the Secretary thinks fit, authorise the making to an approved organisation of an advance on account of an amount of subsidy that is expected to become payable to the approved organisation under section 6 in respect of the provision by that organisation of meals in the course of conducting an approved meal service in a State in a relevant period, and the terms and conditions that would be applicable to a payment of such an amount of subsidy are applicable to any such advance.
(2)
If the total amount of advances paid to an approved organisation under subsection (1) on account of an amount of subsidy that is expected to become payable to the approved organisation under section 6 in respect of the provision by that organisation of meals in the course of conducting an approved meal service in a State in a relevant period exceeds the total amount of subsidy that is so payable, an amount equal to the amount of that excess:

(a)
may be deducted by the Commonwealth from the amount of subsidy that would, but for this provision, be payable to that approved organisation under section 6 in respect of the provision by that organisation of meals in the course of conducting that service in a State in a succeeding relevant period; or
(b)
is recoverable by the Commonwealth from that approved organisation as a debt due to the Commonwealth.

6BPayments to approved organisations in the Australian Capital Territory

The Minister may, on or after the prescribed commencement day, by notice published in the Gazette, declare that, in respect of meals provided in the Australian Capital Territory on or after the day specified in that notice by an approved organisation in the course of conducting an approved meal service in the Australian Capital Territory, the Secretary will not authorise the making of a payment to that organisation pursuant to section 6 in respect of those meals.

7Claims for payment

A claim by an approved organisation for a payment under this Act shall be made in such form and at such time as the Secretary determines.

8Information to be furnished

Moneys are not payable to an approved organisation under this Act unless the organisation has furnished to the Secretary such information relating to the conduct by the organisation of approved meal services, including information relating to the expenditure of any moneys previously paid to that organisation under this Act, as the Secretary requires.

9Terms and conditions

(1)
Payment of moneys to an approved organisation under this Act may be made upon such terms and conditions, including conditions as to:
(a)
the conduct by the organisation of approved meal services;
(b)
the use of those moneys; and
(c)
the keeping of accounts by the organisation, as the Secretary considers conducive to the purpose of this Act.
(2)
Before authorizing a payment to an approved organisation under this Act, the Secretary may require the organisation to enter into an agreement with him with respect to the terms and conditions upon which the payment is to be made.
(3)
Where a payment to an approved organisation under this Act has, in accordance with this section, been made on terms and conditions, the Secretary, with the agreement of the organisation, may, by writing, vary those terms and conditions and, where there is an agreement under subsection (2) with respect to the terms and conditions so varied, that agreement shall be taken to be varied accordingly.

10Appropriation

Payments (including advances) under this Act shall be made out of money appropriated from time to time by the Parliament for the purpose.

11Delegation

(1)
The Secretary may, either generally or otherwise as provided by the instrument of delegation, by writing under his hand, delegate to any officer of the Department or to a person performing the duties of an office in the Department all or any of his powers and functions under this Act except this power of delegation.
(2)
A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.
(3)
A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Secretary.

NOTE

1. The Delivered Meals Subsidy Act 1970 as shown in this reprint comprises Act No. 5, 1970 amended as indicated in the Tables below.

Act

Number

and year

Date

of Assent

Date of commencement

Application, saving or transitional provisions

Delivered Meals Subsidy Act 1970	5, 1970	15 Apr 1970	15 Apr 1970
Delivered Meals Subsidy Act 1972	113, 1972	31 Oct 1972	31 Oct 1972	Ss. 4(2) and 5(2)
Delivered Meals Subsidy Act 1973	129, 1973	13 Nov 1973	11 Dec 1973	S. 4
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	31 Dec 1973	—
Delivered Meals Subsidy Act 1974	108, 1974	3 Dec 1974	3 Dec 1974	S. 4
Administrative Changes (Consequential Provisions) Act 1976	91, 1976	20 Sept 1976	S. 3: (a)	S. 4
Delivered Meals Subsidy Amendment Act 1980	116, 1980	8 Sept 1980	8 Sept 1980	S. 4
Social Security Legislation Amendment Act 1982	98, 1982	27 Oct 1982	Parts III and IV (ss. 8‑18) and ss. 30, 32, 37, 41, 42, 46, 53, 57, 58, 61, 64, 71,75, 78, 82, 84, 87, 91‑93 and 95‑103: 1 Mar 1983 Ss. 29 and 74: 17 Aug 1982 Ss. 31, 76 and 104: 1 Apr 1983 Ss. 38, 45, 52, 59 and 79: 1 Nov 1982 S. 60: 1 Feb 1983 Part VII (ss. 107 and 108): 1 Feb 1982 Part VIII (ss. 109 and 110): 1 Aug 1982 Remainder: Royal Assent	S. 22(2)
Social Security and Repatriation Legislation Amendment Act (No. 2) 1984	134, 1984	25 Oct 1984	Part II (ss. 3‑5): 15 Jan 1985 Ss. 10‑18 and 20‑22: 1 Nov 1984 Part V (ss. 23‑26): 8 Nov 1984 Remainder: Royal Assent	S. 8
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984	165, 1984	25 Oct 1984	Ss. 3 and 4: 13 Dec 1984 (see Gazette 1984, No. S519, p. 1 ) (b)	Ss. 2(32), 6(1) and 9
National Welfare Fund Repeal Act 1985	24, 1985	22 May 1985	Ss. 1, 2 and 5: Royal Assent Remainder: 1 July 1985 (see Gazette 1985, No. S232, p. 1)	S. 5
Social Security and Repatriation Legislation Amendment Act 1985	95, 1985	5 Sept 1985	Part VII (ss. 46‑49): Royal Assent (c)	—
Home and Community Care (Miscellaneous Amendments) Act 1985	185, 1985	16 Dec 1985	Ss. 11, 18, 33 and 41: 1 July 1985 Remainder: Royal Assent	S. 12
Sex Discrimination (Consequential Amendments) Act 1986	163, 1986	18 Dec 1986	15 Jan 1987	—
Community Services and Health Legislation Amendment Act (No. 2) 1988	155, 1988	26 Dec 1988	S. 41(1): Royal Assent (d)	—

(a) The Delivered Meals Subsidy Act 1970 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2(7) of which provides as follows:
“(7)
The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975.”
(b) The Delivered Meals Subsidy Act 1970 was amended by sections 3 and 4 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(29) of which provides that section 9 and the amendments made to the Delivered Meals Subsidy Act 1970 shall come into operation on the day fixed by Proclamation for the purposes of subsection 2(20) of that Act.
(c) The Delivered Meals Subsidy Act 1970 was amended by Part VII (sections 46‑49) only of the Social Security and Repatriation Legislation Amendment Act 1985, subsection 2(1) of which provides as follows:
“(1)
Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.”
(d) The Delivered Meals Subsidy Act 1970 was amended by subsection 41(1) only of the Community Services and Health Legislation Amendment Act (No. 2) 1988, subsection 2(1) of which provides as follows:
“(1)
Subject to this section, this Act commences on the day on which it receives the Royal Assent.”

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3.........................................	am. No. 113, 1972; Nos. 129 and 216, 1973; No. 98, 1982; No. 165, 1984; Nos. 95 and 185, 1985; No.163, 1986
S. 4.........................................	rep. No. 185, 1985
S. 5.........................................	am. No. 113, 1972; No. 129, 1973; No. 98, 1982; No. 165, 1984; No. 185, 1985
S. 6.........................................	am. No. 113, 1972
rs. No. 129, 1973
am. No. 108, 1974; No. 116, 1980; No. 98, 1982; Nos. 134 and 165, 1984
rs. No. 185, 1985
Ss. 6A, 6B..............................	ad. No. 185, 1985
Ss. 7, 8...................................	am. No.165, 1984; No. 185, 1985
S. 9.........................................	am. No.165, 1984; Nos. 95 and 185, 1985
S. 10.......................................	am. No. 98, 1982
rs. Nos. 24 and 185, 1985
S. 11.......................................	am. No. 91, 1976; No. 98, 1982; No. 165, 1984; No. 95, 1985; No. 155, 1988

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Delivered Meals Subsidy Act 1970 (Cth)

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