LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 [Note: This Act is "repealed" by Act No. 86 of 1995]
(#DATE 29:11:1993)
- Updated as at 29 November 1993 *1* The Local Government (Financial Assistance) Act 1986 as shown in this reprint comprises Act No. 79, 1986 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 Local Government (Financial Assistance) Act 1986 79, 1986 24 June 1986 1 July 1986 Local Government (Financial Assistance) Amendment Act 1987 45, 1987 5 June 1987 5 June 1987 - Statute Law (Miscellaneous Provisions) Act 1987 141, 1987 18 Dec 1987 S. 3: 1 July 1986 S. 5 (1) (a) Local Government (Financial Assistance) Amendment Act 1988 50, 1988 15 June 1988 15 June 1988 - Local Government (Financial Assistance) Amendment Act 1989 62, 1989 19 June 1989 19 June 1989 - Local Government (Financial Assistance) Amendment Act 1991 78, 1991 25 June 1991 Ss. 3 (2), 5, Ss. 17 7, 9, 11 (2), and 18 14, 15 (2), 17 (2) and 18: 26 June 1991 Remainder: Royal Assent Local Government (Financial Assistance) Amendment Act 1992 97, 1992 30 June 1992 30 June 1992 - (a) The Local Government (Financial Assistance) Act 1986 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2 (22) of which provides as follows: "(22) The amendment of the Local Government (Financial Assistance) Act 1986 made by this Act shall be deemed to have come into operation on the commencement of the first-mentioned Act." Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 3 am. No. 50, 1988; No. 62, 1989; No. 78, 1991; No. 97, 1992 Ss. 5, 6 am. No. 50, 1988; No. 62, 1989; No. 78, 1991 rs. No. 78, 1991 S. 7 am. No. 45, 1987; No. 50, 1988; No. 62, 1989; No. 78, 1991 rs. No. 78, 1991 S. 7A ad. No. 62, 1989 rep. No. 78, 1991 Ss. 8, 9 am. No. 78, 1991 S. 10 am. No. 62, 1989; No. 78, 1991 Ss. 10A-10C ad. No. 78, 1991 am. No. 97, 1992 S. 11 am. No. 78, 1991 S. 13 am. No. 78, 1991 S. 16 am. No. 141, 1987 LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - TABLE OF PROVISIONS
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Local Government Grants Commission of States
5. Determination of estimated factor
6. Determination of final factor
7. State entitlements for local government purposes
8. Adjustment consequential on difference between estimated
and final factor - section 7 payments
9. Principles of allocation by States amongst local
governing bodies - section 7 payments
10. Allocation amongst local governing bodies - section 7
payments
10A. Additional untied funding
10B. Adjustment consequential on difference between estimated
and final factor - section 10A payments
10C. Allocation amongst local governing bodies - section 10A
payments
11. Condition of payments to States
12. Additional condition
13. Reports etc. of Local Government Grants Commissions
14. Review
15. Appropriation
16. Repeal
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - LONG TITLE
An Act to provide financial assistance for local government by
means of grants to the States and the Northern Territory
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 1
Short title
1. This Act may be cited as the Local Government (Financial Assistance) Act
1986.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 2
Commencement
2. This Act shall come into operation on 1 July 1986.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 3
Interpretation
3. In this Act, unless the contrary intention appears:
"base figure" means:
(a) in relation to the year beginning on 1 July 1990 - the amount worked out
using the formula:
A X B
where:
A is the adjusted base figure determined under subsection 7A (4), as in
force immediately before the commencement of section 1 of the Local Government
(Financial Assistance) Amendment Act 1991;
B is the estimated factor for that year; or
(b) in relation to the year commencing on 1 July 1995 (in this paragraph
called the "current year") - the amount worked out using the formula:
(APYBF + AAUA) X EF
where:
"APYBF" (Adjusted Previous Year Base Figure) means the amount that would
have been the base figure for the year preceding the current year if that
amount had been calculated using the final factor for that preceding year
instead of the estimated factor;
"AAUA" (Adjusted Additional Untied Amount) means the total amount that would
have been payable under section 10A if that amount had been calculated using
the final factor for that preceding year instead of the estimated factor;
"EF" (Estimated Factor) means the estimated factor for the current year; or
(c) in relation to a year (in this paragraph called the "current year"),
being:
(i) the year commencing on 1 July 1991; or
(ii) the year commencing on 1 July 1992; or
(iii) the year commencing on 1 July 1993; or
(iv) the year commencing on 1 July 1994; or
(v) the year commencing on 1 July 1996 or a subsequent
year;
the amount worked out using the formula:
APYBF X EF
where:
"APYBF" (Adjusted Previous Year Base Figure) means the amount that would
have been the base figure for the year preceding the current year if that
amount had been calculated using the final factor for that preceding year
instead of the estimated factor;
"EF" (Estimated Factor) means the estimated factor for the current year;
"estimated factor", in relation to a year to which this Act applies, means
the factor specified in a notice under section 5 in relation to that year;
"final factor", in relation to a year to which this Act applies, means the
factor specified in a notice under section 6 in relation to that year;
"local governing body" means:
(a) a local governing body established by or under a law of a State, other
than a body the sole or principal function of which is to provide a particular
service, such as the supply of electricity or water; or
(b) a body declared by the Minister, on the advice of the relevant State
Minister, by notice in writing published in the Gazette, to be a local
governing body for the purposes of this Act;
"Local Government Grants Commission", in relation to a State, means the body
specified in a declaration in force under section 4 as the Local Government
Grants Commission of that State;
"relevant State Minister", in relation to a State or a body in a State,
means the Minister who is for the time being responsible for the
administration of the law of the State that establishes the Local Government
Grants Commission of that State;
"State" includes the Northern Territory;
"Statistician" means the Australian Statistician;
"year" means a financial year;
"year to which this Act applies" means the year commencing on 1 July 1986
and each subsequent year.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 4
Local Government Grants Commissions of States
4. (1) Where:
(a) the principal function of a body established by a law of a State is the
making of recommendations to the Government of the State with respect to the
provision of financial assistance to local governing bodies in the State; and
(b) the Minister is satisfied that the membership of the body includes at
least 2 persons who are or have been associated with local government in the
State, whether as members of a local governing body or otherwise;
the Minister may, by notice in writing published in the Gazette, declare the
body to be the Local Government Grants Commission of the State for the
purposes of this Act.
(2) Where, immediately before the commencement of this Act, a declaration
was in force under section 4 of the Local Government (Personal Income Tax
Sharing) Act 1976 specifying a body as the Local Government Grants Commission
of a State, the declaration shall be deemed to have been made under subsection
(1) and, subject to subsection (3), such a declaration is not ineffective by
reason only that the membership of the body includes not more than 1 person
who is or has been associated with local government in the State.
(3) Where:
(a) subsection (2) applies to the Local Government Grants Commission of a
State;
(b) at the commencement of this Act, the membership of that Commission
included only 1 person who is or has been associated with local government in
the State; and
(c) on 1 July 1990, the membership of that Commission does not include at
least 2 persons who are or have been associated with local government in the
State;
the declaration under this section in respect of that body ceases to be in
force.,
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 5
Determination of estimated factor
5. (1) The Treasurer must, before 15 August in the year commencing on 1 July
1991 and in each subsequent year, make an estimate of the factor, being a
number calculated to 4 decimal places, to be ascertained under subsection 6
(3) in relation to that year.
(2) The Treasurer must, as soon as practicable after the ascertainment of
the factor covered by subsection (1), cause to be given to the Treasurer of
each State a written notice:
(a) specifying the factor; and
(b) explaining the basis of estimation of the factor.
(3) The Treasurer must cause a copy of a notice covered by subsection (2) to
be given to the Minister.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 6
Determination of final factor
6. (1) The Treasurer must, as soon as practicable after 31 March in the year
commencing on 1 July 1991 and in each subsequent year, cause to be given to
the Treasurer of each State a written notice:
(a) specifying the factor ascertained under subsection (3) in relation to
that year; and
(b) explaining the basis of the calculation of that factor.
(2) The Treasurer must cause a copy of a notice covered by subsection (1) to
be given to the Minister.
(3) The Treasurer must, as soon as practicable after 31 March in the year
commencing on 1 July 1991 and in each subsequent year (in this subsection
called the "current year"), cause to be ascertained the factor worked out by:
(a) calculating, to 4 decimal places, the factor obtained using the
formula:
Adjusted current year grants
Adjusted previous year grants
where:
"Adjusted current year grants" means:
(i) the sum of the financial assistance grants and the
special revenue assistance grants to the States for the current year; or
(ii) if the Treasurer considers that it is appropriate to
increase or decrease that sum - the increased or decreased sum, as the case
requires;
"Adjusted previous year grants" means:
(iii) the sum of the financial assistance grants and the
special revenue assistance grants to the States for the year immediately
preceding the current year; or
(iv) if the Treasurer considers that it is appropriate to
increase or decrease that sum - the increased or decreased sum, as the case
requires; and
(b) if the factor calculated under paragraph (a) would, if it were
calculated to 5 decimal places, end in a number greater than 4 - increasing
that factor by 0.0001.
(4) In making a decision under paragraph (3) (a), the Treasurer must have
regard to the following matters;
(a) underlying movements in general purpose Commonwealth payments to the
States;
(b) changes to the classification of any relevant Commonwealth payments to
the States;
(c) changes to the distribution of financial responsiblities as between the
Commonwealth and the States;
(d) such other matters (if any) as the Treasurer considers relevant.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 7
State entitlements for local government purposes
7. (1) Subject to this section and to section 10, each State is entitled to
the payment, in respect of the year commencing on 1 July 1991 and each
subsequent year, by way of financial assistance for local government purposes,
of an amount calculated using the formula:
Base figure X Proportion of total Australian population
where:
"Base figure" means the base figure for that year:
"Proportion of total Australian population" means the State's proportion of
the total Australian population for that year.
(2) A reference in this section to a State's proportion of the total
Australian population for a year is a reference to:
(a) the proportion, calculated to 6 decimal places, obtained using the
formula:
Population of the State
Population of Australia
where:
"Population of the State" means the population of the State on 31 December
in the preceding year as estimated by the Statistician;
"Population of Australia" means the total population of all States on 31
December in the preceding year as estimated by the Statistician; or
(b) if the proportion calculated under paragraph (a) would, if it were
calculated to 7 decimal places, end in a number greater than 4 - that
proportion increased by 0.000001.
(3) The estimate by the Statistican for the purposes of this section of the
population of a State on 31 December in a year must be made after that date
and before 10 June next following that date.
(4) The Statistician, in making an estimate under this section of the
population of a State, must:
(a) where practicable, consult the official statistician of the State; and
(b) have regard to the latest statistics in relation to the population
available to the Statistician on the day on which the estimate is made.
(5) The Treasurer must, as soon as practicable after the Statistician
estimates the population of each State for the purposes of this section, cause
to be given to the Treasurer of each State a written notice specifying each
State's proportion of the total Australian population.
(6) The Treasurer must cause a copy of a notice covered by subsection (5) to
be given to the Minister.
(7) A State is not entitled to a payment under this section in respect of a
year unless a notice under section 5 has been given in relation to that year.
(8) A State is not entitled to a payment under this section in respect of a
year until 15 August in that year.
(9) So far as practicable, the amount to which a State is entitled under
this section in respect of a year must be paid in equal quarterly instalments.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 8
Adjustment consequential on difference between estimated and
final factor - section 7 payments
8. (1) If the final factor for a year to which this Act applies exceeds the
estimated factor for that year, each State is entitled, in addition to the
payment to which it is entitled under section 7 in respect of that year, to
the payment, in respect of that year, by way of financial assistance for local
government purposes, of the amount calculated using the formula:
Final factor amount - Estimated factor amount
where:
"Final factor amount" means the amount of the payment to which the State
would have been entitled under section 7 in respect of that year if the amount
of that payment had been calculated using the final factor for that year
instead of the estimated factor;
"Estimated factor amount" means the amount of the payment to which the State
is entitled under section 7 in respect of that year.
(2) In addition to any other conditions to which a payment under this Act is
subject, payment of an amount to a State under this Act is subject to the
condition that, if the final factor for a year to which this Act applies is
less than the estimated factor for that year, the State will pay to the
Commonwealth the amount calculated using the formula:
Estimated factor amount - Final factor amount
where:
"Estimated factor amount" means the amount of the payment to which the State
is entitled under section 7 in respect of that year;
"Final factor amount" means the amount of the payment to which the State
would have been entitled under section 7 in respect of that year if the amount
of that payment had been calculated using the final factor for that year
instead if the estimated factor.
(3) If an amount is payable to a State under subsection (1) in respect of a
year, nothing in this Act prevents that amount from being paid to the State
together with a payment to which the State is entitled under section 7 in
respect of the following year.
(4) Where a State is liable to pay an amount to the Commonwealth under
subsection (2), the amount may be deducted from any other amount that is
payable to the State under this Act, and where an amount is so deducted, an
amount equal to the amount so deducted shall, notwithstanding the deduction,
be deemed, for the purposes of this Act, to have been paid in full to the
State.
(5) An amount payable by a State to the Commonwealth under subsection (2)
shall be paid on or before such date as the Minister, by notice in writing
given to the Treasurer of the State, determines.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 9
Principles of allocation by States amongst local governing bodies - section 7 payments
9. (1) Each State shall, before 1 July 1987, formulate principles for the
purposes of allocating amounts payable to the State under section 7 amongst
local governing bodies in the State, and shall give a copy of the principles
so formulated to the Minister before that date.
(2) In formulating principles under subsection (1) or in preparing proposals
for revocation or variation of principles so formulated, a State:
(a) shall consult with a body or bodies representative of local government
in the State;
(b) shall have regard to the objective of ensuring that the allocation of
funds for local government purposes is made, as far as practicable, on a full
horizontal equalisation basis, being a basis that ensures that each local
governing body in the State is able to function, by reasonable effort, at a
standard not lower than the average standard of other local governing bodies
in the State, and that takes account of differences in the expenditure
required by those local governing bodies in the performance of their functions
and in the capacity of those local governing bodies to raise revenue; and
(c) notwithstanding the objective referred to in paragraph (b), shall ensure
that no local governing body in the State will be allocated an amount in a
year that is less than the amount that would be allocated to that body if 30%
of the amount to which the State is entitled under section 7 in respect of the
year were allocated amongst local governing bodies in the State on a per
capita basis.
(3) Where a State formulates principles under subsection (1) or prepares
proposals for revocation or variation of principles so formulated, the State
shall inform the Minister as to which body or bodies the State has consulted
with in accordance with paragraph (2) (a).
(4) Where:
(a) a State does not, before 1 July 1987, give a copy of principles
formulated by the State under subsection (1) to the Minister; or
(b) the Minister is not prepared to approve principles formulated by a State
under that subsection;
the Minister shall, having regard to the objective set out in paragraph (2)
(b), to paragraph (2) (c) and to such other matters as the Minister considers
relevant, formulate principles for the purposes of allocating amounts payable
to the State under section 7 amongst local governing bodies in the State, and
shall give a copy of the principles so formulated to the relevant State
Minister.
(5) Where a State, before 1 July 1987, gives a copy of principles formulated
by the State under subsection (1) to the Minister, the Minister may, by notice
in writing given to the relevant State Minister, approve those principles.
(6) A State may, with the approval in writing of the Minister, revoke or
vary any of the principles applicable to the State under this section.
(7) Where the Minister has formulated principles in relation to a State
under subsection (4), the Minister may, by notice in writing given to the
relevant State Minister, revoke or vary any of those principles.
(8) The Minister may, at the end of the period of 3 years commencing on the
day on which the Minister approves principles formulated by a State under
subsection (1), or formulates principles in relation to a State under
subsection (4), and at the end of each succeeding period of 3 years, review
the principles applicable to that State under this section and, where the
Minister considers it appropriate to do so in all the circumstances, the
Minister may, after such a review, by notice in writing given to the relevant
State Minister, revoke or vary any of those principles.
(9) In reviewing, under subsection (8), principles applicable to a State,
the Minister shall, after the relevant State Minister has consulted a body or
bodies representative of local government in the State with respect to the
proposed review, consult with the relevant State Minister.
(10) Where:
(a) the Minister has approved principles formulated by a State under
subsection (1); or
(b) the Minister has formulated principles under subsection (4) in relation
to a State;
those principles have effect in relation to the allocation of amounts payable
to that State under section 7 amongst local governing bodies in that State in
respect of the year commencing on 1 July 1991 and in respect of subsequent
years or, if the Minister, by notice in writing given to the relevant State
Minister, determines that those principles are to have effect in relation to
the allocation by that State of those amounts in respect of an earlier year,
in respect of that earlier year and in respect of subsequent years.
(11) Where the relevant State Minister of a State requests the Minister to
make a determination under subsection (10) that the principles mentioned in
that subsection are to have effect in relation to that State in respect of a
specified year, being a year earlier than the year commencing on 1 July 1991,
the Minister may make such a determination in accordance with the request.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 10
Allocation amongst local governing bodies - section 7 payments
10. (1) A State is not entitled to payment of an amount under section 7 in
respect of a year unless:
(a) there is a Local Government Grants Commission of the State;
(b) that Commission has made recommendations with respect to the allocation
of the amount amongst local governing bodies in the State;
(c) that Commission:
(i) held public hearings (whether or not that Commission
also held private hearings) in connection with those recommendations; and
(ii) permitted or required local governing bodies in the
State or associations of those bodies to make submissions to that Commission
in connection with those recommendations;
(d) the Minister is satisfied that that Commission will, at least once every
3 years, publish a report setting out details of the methods used by that
Commission in making its recommendations with respect to the allocation
amongst local governing bodies of amounts to which the State is entitled under
this Act;
(e) the Minister is satisfied that, in determining the manner in which the
State has allocated the amount amongst local governing bodies in the State,
the State has had regard to or has adopted those recommendations;
(f) before particulars of the manner in which the State has allocated the
amount amongst local governing bodies in the State are made public, the
relevant State Minister has informed the Minister, in writing, of those
particulars; and
(g) the Minister is satisfied that the State has allocated the amount
amongst local governing bodies in the State in accordance with any principles
applicable to the State under section 9 in respect of that year.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 10A
Additional untied funding
10A. (1) Subject to this section and to section 10C, each State is entitled
to the payment, in respect of the year commencing on 1 July 1991, by way of
financial assistance for local government purposes, of the amount calculated
using the formula:
Estimated factor X Table amount
where:
"Estimated factor" means the estimated factor for the year;
"Table amount" means such amount as is specified in the following table:
State Amount
New South Wales $80,814,302
Victoria $59,389,748
Queensland $59,038,770
Western Australia $44,776,297
South Australia $13,507,339
Tasmania $11,660,981
Northern Territory $3,475,747
(2) Subject to this section and to section 10C, each of the States specified
in the following table is entitled to the payment, in respect of the year
commencing on 1 July 1991, by way of financial assistance for local government
purposes, of the amount calculated using the formula:
Estimated factor X Table amount
where:
"Estimated factor" means the estimated factor for the year;
"Table amount" means such amount as is specified in the table:
State Amount
New South Wales $10,606,984
Victoria $5,573,107
Western Australia $3,403,424
South Australia $3,809,708
(2A) Subject to this section and to section 10C, each State is entitled to
the payment in respect of a year ("current year"), being:
(a) the year commencing on 1 July 1992; or
(b) the year commencing on 1 July 1993; or
(c) the year commencing on 1 July 1994;
by way of financial assistance for local government purposes, of the amount
worked out using the formula:
Previous year untied funding X Estimated factor
where:
"Previous year untied funding" means the amount that would have been payable
to the State under this section for the year preceding the current year if
that amount had been calculated using the final factor for that preceding year
instead of the estimated factor;
"Estimated factor" means the estimated factor for the current year.
(2B) Subject to this section and to section 10C, Tasmania and the Northern
Territory are entitled to the payment, in respect of the year commencing on 1
July 1992, by way of financial assistance for local government purposes, of
the amount calculated using the formula:
Estimated factor X Gazetted amount
where:
"Estimated factor" means the estimated factor for the year;
"Gazetted amount" means the amount determined by the Minister after
consultation with the respective States and Municipal Association of Tasmania
in the case of Tasmania and the Local Government Association of the Northern
Territory in the case of the Northern Territory, by notice published in the
Gazette, to be the gazetted amount in relation to that State.
(2C) The amount determined for the purposes of the definition of "Gazetted
amount" in subsection (2B) is to be less than:
(a) in the case of Tasmania - $5,193,000; or
(b) in the case of the Northern Territory - $12,100,000.
(3) A State is not entitled to a payment under this section in respect of a
year until 15 August in that year.
(4) A State is not entitled to a payment under this section in respect of a
year unless a notice under section 5 has been given in relation to that year.
(5) So far as practicable, an amount to which a State is entitled under this
section must be paid in equal quarterly instalments.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 10B
Adjustment consequential on difference between estimated and
final factor - section 10A payments
10B. (1) If the final factor for a relevant year exceeds the estimated
factor for that year, each State is entitled, in addition to the payment to
which it is entitled under section 10A, to the payment, in respect of that
year, by way of financial assistance for local government purposes, of the
amount calculated using the formula:
Final factor amount - Estimated factor amount
where:
"Final factor amount" means the amount of the payment to which the State
would have been entitled under section 10A in respect of that year if the
amount of that payment had been calculated using the final factor for that
year instead of the estimated factor;
"Estimated factor amount" means the amount of the payment to which the State
is entitled under section 10A in respect of that year.
(2) In addition to any other conditions to which a payment under this Act is
subject, payment of an amount to a State under this Act is subject to the
condition that, if the final factor for a relevant year is less than the
estimated factor for that year, the State will pay to the Commonwealth the
amount calculated using the formula:
Estimated factor amount - Final factor amount
where:
"Estimated factor amount" means the amount of the payment to which the State
is entitled under section 10A in respect of that year;
"Final factor amount" means the amount of the payment to which the State
would have been entitled under section 10A in respect of that year if the
amount of that payment had been calculated using the final factor for that
year instead of the estimated factor.
(3) If an amount is payable to a State under subsection (1) in respect of a
year, nothing in this Act prevents that amount from being paid to the State
together with a payment to which the State is entitled under section 7 in
respect of the next succeeding year.
(4) If a State is liable to pay an amount to the Commonwealth under
subsection (2), the amount may be deducted from any other amount that is
payable to the State under this Act, and if an amount is so deducted, an
amount equal to the amount so deducted is taken, for the purposes of this Act,
in spite of the deduction, to have been paid in full to the State.
(5) An amount payable by a State to the Commonwealth under subsection (2)
must be paid on or before such date as the Minister, by written notice given
to the Treasurer of the State, determines.
(6) A reference in this section to a relevant year is a reference to a year
commencing on 1 July 1991, 1 July 1992, 1 July 1993 or 1 July 1994.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 10C
Allocation amongst local governing bodies - section 10A payments
10C. (1) A State is not entitled to payment of an amount under section 10A
unless:
(a) there is a Local Government Grants Commission of the State; and
(b) that Commission has made recommendations with respect to the allocation
of the amount amongst local governing bodies in the State; and
(c) in the case of an amount under subsection 10A (1) - the Commission has
made its recommendations in accordance with any relevant principles approved
or determined by the Minister administering the Australian Land Transport
Development Act 1988 under section 28 of that Act, being principles in force
immediately before 1 July 1991; and
(d) in the case of an amount under subsection 10A (2) - if:
(i) an officer of the Department of Transport and
Communications authorised in writing by the Secretary to that Department; or
(ii) the peak local government association for the State;
or
(iii) a roads authority for the State;
gives advice to the Commission - the Commission has had regard to that advice
in considering its recommendations; and
(da) in the case of an amount under subsection 10A (2A) or (2B) - the
Commission has made its recommendations in accordance with any relevant
principles approved or determined by the Minister, being principles that
relate to expenditure on roads by local governing bodies; and
(e) the Minister is satisfied that, in determining the manner in which the
State has allocated the amount amongst local governing bodies in the State,
the State has had regard to or has adopted those recommendations; and
(f) before particulars of the manner in which the State has allocated the
amount amongst local governing bodies in the State are made public, the
relevant State Minister has informed the Minister, in writing, of those
particulars.
(2) In this section:
"peak local government association" means:
(a) the Local Government Association of New South Wales; and
(b) the Shires Association of New South Wales; and
(c) the Municipal Association of Victoria; and
(d) the Western Australian Municipal Association; and
(e) the Local Government Association of South Australia Inc;
"roads authority", in relation to a State, means an authority of the State,
being an incorporated body but not being a local governing body, that is
responsible for the construction or maintenance of roads in, or in an area of,
the State.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 11
Condition of payments to States
11. Payment of an amount to a State under this Act in respect of a year is
subject to the condition that the State will:
(a) in the case of a payment under section 7 - without undue delay, make
payments, being payments that are unconditional, to local governing bodies in
the State in accordance with the allocation determined as mentioned in section
10 of the amount amongst local governing bodies in the State; and
(aa) in the case of a payment under section 8 - without undue delay, make
payments, being payments that are unconditional, to local governing bodies in
the State in the same proportion as the payments under section 7 for that year
were allocated; and
(ab) in the case of a payment under section 10A - without undue delay, make
payments, being payments that are unconditional, to local governing bodies in
the State in accordance with the allocation determined as mentioned in section
10C of the amount amongst local governing bodies in the State; and
(ac) in the case of a payment under section 10B - without undue delay, make
payments, being payments that are unconditional, to local governing bodies in
the State in the same proportion as the payments under section 10A for that
year were allocated; and
(b) furnish to the Treasurer, as soon as practicable after 30 June in each
year to which this Act applies:
(i) a statement, in accordance with a form approved by the
Treasurer, specifying the payments made by the State during the year ending on
that date in accordance with this Act, and the dates of those payments; and
(ii) a certificate by the Auditor-General of the State
certifying that, in the opinion of the Auditor-General, the contents of the
statement are correct.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 12
Additional condition
12. In addition to the condition referred to in section 11, payment of an
amount to a State under this Act is subject to the condition that, if the
Minister informs the Treasurer of the State that the Minister is satisfied
that the State has, with respect to the whole or a part of that amount, failed
to fulfil the conditions applicable under that section to the payment of that
amount, the State will repay to the Commonwealth such amount as the Minister
determines, being an amount not exceeding the amount in respect of which the
Minister is so satisfied.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 13
Reports etc. of Local Government Grants Commissions
13. The Minister shall cause a copy of any report or recommendations of the
Local Government Grants Commission of a State that is furnished to the
Minister to be laid before each House of the Parliament within 15 sitting days
of that House after receipt by the Minister of the report or recommendations.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 14
Review
14. (1) The Minister may, after 30 June 1992, cause reviews of the operation
of the provisions of this Act to be carried out in consultation with the
States and with a body or bodies representative of local government.
(2) A review carried out under subsection (1) shall examine:
(a) the effectiveness of the arrangements under this Act in relation to the
attaining of the objective referred to in paragraph 9 (2) (b);
(b) the impact of this Act on the raising of revenue by local governing
bodies and on the assistance provided by the States to local governing
bodies;
(c) the implications of any changes in the functional responsibilities of
local governing bodies;
(d) the eligibility for assistance under this Act of bodies declared by the
Minister under section 3 to be local governing bodies; and
(e) such other matters (if any) relating to local government as the Minister
determines.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 15
Appropriation
15. Payments under this Act shall be made out of the Consolidated Revenue
Fund, which is appropriated accordingly.
LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 - SECT 16
Repeal
16. (1) The following Acts are repealed: Local Government (Personal Income
Tax Sharing) Act 1976 Local Government (Personal Income Tax Sharing) Amendment
Act 1977 Local Government (Personal Income Tax Sharing) Amendment Act 1979
Local Government (Personal Income Tax Sharing) Amendment Act 1980 Local
Government (Personal Income Tax Sharing) Amendment Act 1981 Local Government
(Personal Income Tax Sharing) Amendment Act 1984 Local Government (Personal
Income Tax Sharing) Amendment Act 1985.
(2) Notwithstanding the repeals effected by subsection (1), the repealed
Acts continue to apply in relation to payments to the States by way of
financial assistance for local government purposes for a year to which the
Local Government (Personal Income Tax Sharing) Act 1976 applied.
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