Handicapped Children (Assistance) Act 1970 (Cth)

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970 [Note: This Act is "repealed" by Act No. 134 of 1974]
(#DATE 19:12:1973)

- Reprinted as at 19 December 1973

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - TABLE OF PROVISIONS 
TABLE



                       HANDICAPPED  CHILDREN (ASSISTANCE)



                                 ACT  1970-1973



                             TABLE  OF  PROVISIONS



                              PART  I-PRELIMINARY

Section

  1.        Short title

  2.        Commencement

  3.        (Repealed)

  4.        Definitions

  5.        Administration

  6.        Approved training



                    PART  II-GRANTS  IN  RESPECT  OF  APPROVED  PROJECTS



  7.        Interpretation

  8.        Approved projects

  9.        Grants



                   PART  III-GRANTS  IN  RESPECT  OF  APPROVED  EQUIPMENT



  10.       Definitions

  11.       Approval of equipment

  12.       Grants

                                      PART  IV-GENERAL



  13.       Terms and conditions of grants

  14.       Grants to be made as agreed

  15.       Moneys to be appropriated

  16.       Delegation

  17.       Regulations

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 1. 
Short title. 
SECT

                      HANDICAPPED  CHILDREN  (ASSISTANCE)

                                 ACT 1970-1973

Title amended by No. 137, 1973, s. 5. An Act to provide for Assistance by
Australia towards the provision of Training and Accommodation for Handicapped
Children.



                              PART  I-PRELIMINARY

Short title amended; No. 32, 1918, s. 2.

  1. This Act may be cited as the Handicapped Children (Assistance) Act
1970-1973.*

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 2. 
Commencement. 
SECT

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

Section 3 repealed by No. 216, 1973, s. 3.

                         *   *   *   *   *   *   *   *

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 4. 
Definitions. 
SECT

Amended by No. 137, 1973, s. 5; and No. 216, 1973, s. 3.

  4. In this Act, unless the contrary intention appears-



  ''approved training'' means training that is approved under section 6 of
this Act;



  ''eligible organization'' means-



     (a)  an organization (other than an organization conducted or controlled
by, or by persons appointed by, the Government of Australia 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 organization;



        (ii)  an organization the principal objects or purposes of which are
charitable or benevolent;



        (iii)  an organization of former members of the Defence Force
established in every State or a State Branch of such an organization; or



        (iv)  an organization determined by the Minister to be an eligible
organization 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 organization
for the purposes of this Act,



    and includes-



     (d)  the trustee or trustees under a trust established by an organization
referred to in paragraph (a) of this definition or by a local governing body;
and



     (e)  a corporation established by such an organization or by a local
governing body;



  ''government authority'' means an authority established by or under a law of
Australia, a State or a Territory, but does not include a local governing
body; 



  ''handicapped child'' means a person who is suffering from a physical or
mental disability and-



     (a)  has not attained twenty-one years of age; or



     (b)  has attained the age of twenty-one years but continues to receive
approved training that the person commenced so to receive before he attained
that age;



  ''local governing body'' means a local governing body established by or
under a law of a State or a Territory;



  ''organization'' includes a society and an association;



  ''the Director-General'' means the Director-General of Social Services;



  ''training'' means vocational or other training, and includes general
education.

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 5. 
Administration. 
SECT

  5. The Director-General has, subject to any directions of the Minister, the
general administration of this Act.

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 6. 
Approved training. 
SECT

  6. Where the Director-General is satisfied that training is provided or
proposed to be provided, at any premises, for handicapped children who, by
reason of their handicap, are in need of training for which special facilities
are required, and that the training so provided or proposed to be provided
will meet that need, the Director-General may approve, for the purposes of
this Act, the training so provided or proposed to be provided.

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 7. 
Interpretation. 
SECT

              PART  II-GRANTS  IN  RESPECT  OF  APPROVED  PROJECTS

  7. (1) In this Part, unless the contrary intention appears-



  ''alteration'', in relation to a building or other improvement on land,
includes an addition to the building or improvement;



  ''approved project'' means the purchase or proposed purchase of land, or the
contruction or alteration or proposed construction or alteration of a building
or other improvement on land, approved under the next succeeding section;



  ''building'' includes a part of a building and an addition to a building;



  ''the capital cost'', in relation to an approved project, means-



     (a)  where the approved project is the purchase or proposed purchase of
land, the sum of-



         (i)  such amount in respect of the land, not including any buildings
or other improvements on the land, as the Director-General, in his discretion,
determines;



        (ii)  such amount in respect of any buildings or other improvements on
the land (being buildings or improvements that the Director-General is
satisfied are used or are to be used for or in connexion with providing
approved training or residential accommodation for handicapped children
receiving approved training) as the Director-General considers represents that
part of the cost of purchasing the land that is attributable to those
buildings or improvements; and 



        (iii)  such amount as the Director-General is satisfied is the cost of
making any alterations to any building or other improvement on the land that
the Director-General is satisfied are necessary for or in connexion with
providing approved training or residential accommodation for handicapped
children receiving approved training; or



     (b)  where the approved project is the construction or alteration, or
proposed construction or alteration, of a building or other improvement on
land, such amount as the Director-General is satisfied is the cost of
constructing or altering the building or other improvement.

*  (2) For the purposes of this Part, the cost of constructing, altering or
adding to a building includes the cost of installing such fixtures (including
the cost of the fixtures) as the Director-General approves.

  (3) Where-



  (a)  an approved project is the construction or alteration, or proposed
construction or alteration, by an eligible organization of a building or other
improvement on land; and



  (b)  the land on which the building or other improvement is or is to be
constructed was purchased by the eligible organization before the
twenty-seventh day of October, One thousand nine hundred and sixty-nine,

the Director-General may direct that there shall be added to the amount that
is the capital cost of the project for the purposes of this Act such amount in
respect of the whole or a part of the land as the Director-General, in his
discretion, determines.

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 8. 
Approved projects. 
SECT

  8. (1) Subject to this section, where the Director-General is satisfied
that- 



  (a)  an eligible organization-



      (i)  has purchased, or proposes to purchase, any land, including land on
which buildings or other improvements are constructed; or



     (ii)  has constructed or altered, or proposes to construct or alter, a
building or any other improvement on any land; and



  (b)  the land purchased or proposed to be purchased, or the building or
improvement constructed or altered or proposed to be constructed or altered,
is used, or is to be used, permanently by or on behalf of the organization for
or in connexion with providing approved training or residential accommodation
for handicapped children receiving approved training,

the Director-General may, in his discretion, approve, for the purposes of this
Part, the purchase or proposed purchase or the construction or alteration or
the proposed construction or alteration, as the case may be.

  (2) Where an eligible organization had, before the commencement of this Act,
purchased any land, or constructed or altered or commenced to construct or
alter a building or any other improvement on land, the Director-General shall
not approve the purchase, or the contruction or alteration, as the case may
be, under the last preceding sub-section unless the purchase had been made on
or after the twenty-seventh day of October, One thousand nine hundred and
sixty-nine, or the construction or alteration had been commenced on or after
that date or had been commenced, but had not been completed, before that
date.

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 9. 
Grants. 
SECT

Sub-section (1) amended by No. 137, 1973, s. 5.

  9. (1) The Director-General may, in his discretion, on behalf of Australia,
make a grant of moneys in accordance with this Act to an eligible organization
as assistance towards meeting the capital cost of an approved project.

  (2) Subject to this section, the amount of a grant in respect of an approved
project shall not exceed-



  (a)  two-thirds of the capital cost of the project; or



  (b)  twice the amount of the funds of the eligible organization available
for expenditure towards the capital cost of the project,

whichever is the less.

Amended by No. 137, 1973, s. 3.
  (3) For the purposes of the last preceding sub-section, the amount of the
funds of an eligible organization available for expenditure towards the
capital cost of an approved project shall be deemed to be the sum of the
moneys (if any) expended, and the moneys presently available for expenditure,
by the organization towards the capital cost of the project, being moneys that
the Director-General is satisfied-



  (a)  in the case of an organization that is not a local governing body-did
not become available as a result of the borrowing of those moneys or any other
moneys by the organization, and were not received by the organization from the
Government of Australia or of a State or from a government authority;



  (b)  in the case of an organization that is a local governing body-were not
received by the organization (otherwise than as a result of the borrowing of
those moneys by the organization) from the Government of Australia or of a
State or from a government authority; and



  (c)  in the case of an organization that is not a local governing body but
which received the moneys from a local governing body-were not received by the
local governing body (otherwise than as a result of the borrowing of those
moneys by the local governing body) from the Government of Australia or of a
State or from a government authority.

  (4) The Director-General shall not make or agree to make a grant under this
section to an eligible organization in respect of an approved project unless
he is satisfied that the sum of the moneys (if any) expended, and the moneys
presently available for expenditure, by the organization towards the capital
cost of the project, together with the amount of the grant, will be not less
than the capital cost of the project.

  (5) Payment of a grant under this section in respect of an approved project
shall not be made except to a corporation in which, or to trustees in whom,
there is vested or to be vested-



  (a)  where the approved project is the purchase or proposed purchase of
land-that land; or



  (b)  where the approved project is the construction or alteration, or
proposed construction or alteration, of a building or other improvement-the
land on which the building is to be constructed or is situated.

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 10. 
Definitions. 
SECT

             PART  III-GRANTS  IN  RESPECT  OF  APPROVED  EQUIPMENT

  10. In this Part, unless the contrary intention appears-



  ''approved equipment'' means equipment approved under the next succeeding
section;



  ''the cost'', in relation to the purchase by an eligible organization of
approved equipment, means the sum of the amount that the Director-General is
satisfied is the cost of purchasing the equipment and such amount (if any) in
respect of altering, adding to or installing the equipment as the
Director-General determines.

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 11. 
Approval of equipment. 
SECT

  11. Where-



  (a)  an eligible organization proposes to purchase any equipment; and



  (b)  the Director-General is satisfied that the equipment is to be used by
handicapped children receiving approved training or is to be used otherwise
for or in connexion with the provision of approved training,

the Director-General may, in his discretion, approve that equipment for the
purposes of this Part.

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 12. 
Grants. 
SECT

Sub-section (1) amended by No. 137, 1973, s. 5.

  12. (1) The Director-General may, in his discretion, on behalf of Australia,
make a grant of moneys in accordance with this Act to an eligible organization
as assistance towards meeting the cost of the purchase by the organization of
approved equipment.

  (2) The amount of a grant to an eligible organization under this section in
respect of approved equipment shall not exceed-



  (a)  two-thirds of the cost of the purchase by the organization of the
equipment; or



  (b)  twice the amount of the funds of the organization available for
expenditure towards the cost of the purchase by the organization of the
equipment,

whichever is the less.

Amended by No. 137, 1973, s. 4.
  (3) For the purposes of the last preceding sub-section, the amount of the
funds of an eligible organization available for expenditure towards the cost
of the purchase by the organization of approved equipment shall be deemed to
be the sum of the moneys (if any) expended, and the moneys presently available
for expenditure, by the organization towards the cost of the purchase by the
organization of the equipment, being moneys that the Director-General is
satisfied-



  (a)  in the case of an organization that is not a local governing body-did
not become available as a result of the borrowing of those moneys or any other
moneys by the organization, and were not received by the organization from the
Government of Australia or of a State or from a government authority;



  (b)  in the case of an organization that is a local governing body-were not
received by the organization (otherwise than as a result of the borrowing of
those moneys by the organization) from the Government of Australia or of a
State or from a government authority; and



  (c)  in the case of an organization that is not a local governing body but
which received the moneys from a local governing body-were not received by the
local governing body (otherwise than as a result of the borrowing of those
moneys by the local governing body) from the Government of Australia or of a
State or from a government authority.

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 13. 
Terms and conditions of grants. 
SECT

                                PART  IV-GENERAL

  13. (1) A grant to an eligible organization under this Act may be made upon
such terms and conditions, not inconsistent with this Act, as the
Director-General thinks fit.

  (2) Before making a grant under this Act to an eligible organization, the
Director-General may require the organization to enter into an agreement with
him with respect to the terms and conditions upon which the grant is to be
made. 

Amended by No. 137, 1973, s. 5.
  (3) An agreement under the last preceding sub-section may, if the
Director-General considers the circumstances so require, include provision for
the repayment of the grant to Australia in the event of a breach of the
agreement, and for the giving of security for the carrying out of the
agreement. 

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 14. 
Grants to be made as agreed. 
SECT

  14. A grant under this Act shall be made at such time as is, or by such
instalments and at such times as are, determined by agreement between the
Director-General and the eligible organization or, in the absence of such an
agreement, by the Director-General.

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 15. 
Moneys to be appropriated. 
SECT

  15. Grants under this Act are payable out of moneys appropriated by the
Parliament for the purposes of this Act.

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 16. 
Delegation. 
SECT

  16. (1) The Director-General may, either generally or otherwise as provided
by the instrument of delegation, by writing under his hand, delegate to the
Deputy Director-General of Social Services, a First Assistant Director-General
of Social Services, an Assistant Director-General of Social Services, a
Director of Social Services or any other officer of the Department of Social
Services 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
Director-General.

HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - SECT. 17. 
Regulations. 
SECT

  17. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters necessary or convenient to be prescribed for
carrying out or giving effect to this Act.

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HANDICAPPED CHILDREN (ASSISTANCE) ACT 1970-1973 - NOTE 



                                      NOTE

1.  The Handicapped Children (Assistance) Act 1970-1973 comprises the
Handicapped Children (Assistance) Act 1970 as amended by the other Acts
specified in the following table:

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                                Number                       Date of

    Act                         and year        Date of

                                                Assent       commencement

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    Handicapped Children

    (Assistance) Act 1970       No. 27, 1970    17 June 1970 17 June 1970

    Handicapped Children

    (Assistance) Act 1973       No. 137, 1973   13 Nov 1973  13 Nov 1973

    Statute Law Revision Act

    1973                        No. 216, 1973   19 Dec 1973  31 Dec 1973

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