States Grants (Dwellings for Pensioners) Act 1974 (Cth)

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C2004A00216

STATES GRANTS (DWELLINGS FOR PENSIONERS) ACT 1974 No. 160, 1974

STATES GRANTS (DWELLINGS FOR PENSIONERS) ACT 1974 No. 160, 1974 - SECT. 1. Short title.

STATES GRANTS (DWELLINGS FOR PENSIONERS) ACT 1974 No. 160 of 1974 An Act to grant Financial Assistance to the States in connexion with the Provision of Self-contained Dwellings for certain Pensioners. BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:- 1. This Act may be cited as the States Grants (Dwellings for Pensioners) Act 1974.*

STATES GRANTS (DWELLINGS FOR PENSIONERS) ACT 1974 No. 160, 1974 - SECT. 2. Commencement.

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

STATES GRANTS (DWELLINGS FOR PENSIONERS) ACT 1974 No. 160, 1974 - SECT. 3. Definitions.

3. (1) In this Act, unless the contrary intention appears- "approved building scheme" means a building scheme approved by the Minister under section 4; "building scheme" includes- (a) the purchase of land, with or without a building; (b) the planning, erection, alteration or extension of a building; (c) the development or preparation of land for the erection or extension of a building; (d) the installation of water, electricity or other services; and (e) the provision of fixtures, fittings and appliances (other than furniture and furnishings) in or in connexion with a building; "eligible pensioner" means a person who- (a) is in receipt of an age pension or an invalid pension under Part III of the Social Services Act 1947-1974 and is a person to whom section 30A of that Act applies; (b) being a Class B widow within the meaning of Part IV of the Social Services Act 1947-1974, is in receipt of a pension under that Part and is a person to whom section 65A of that Act applies; or (c) is in receipt of a service pension under section 84 or 85 of the Repatriation Act 1920-1974, is a person to whom section 98A of that Act applies, and, in the case of a person who is in receipt of a pension under section 85 of that Act, is qualified under sub-section 85 (2) of that Act to receive that pension; "period to which this Act applies" means the period that commenced on 1 July 1974 and ends on 30 June 1977; "self-contained dwelling" means a dwelling that contains living, sleeping, cooking, bathing and sanitary facilities that are not shared with another dwelling and is designed for occupation by 1 person only at a time.

(2) In this Act, a reference to an approved building scheme includes a reference to such a scheme as varied for the time being under this Act.

STATES GRANTS (DWELLINGS FOR PENSIONERS) ACT 1974 No. 160, 1974 - SECT. 4. Approval of building schemes.

4. (1) The Minister may, during the period to which this Act applies, by writing under his hand, approve a building scheme in connexion with the provision by a State or an authority of a State of self-contained dwellings for eligible pensioners.

(2) The Minister may, in pursuance of sub-section (1), approve a building scheme formulated before the commencement of this Act (including a scheme formulated before the commencement of the period to which this Act applies) but he shall not approve a building scheme if the erection, alteration or extension of any building in pursuance of the scheme was begun before 1 January 1974.

(3) The Minister may, at the request of the relevant State, by writing under his hand, approve a variation of an approved building scheme.

STATES GRANTS (DWELLINGS FOR PENSIONERS) ACT 1974 No. 160, 1974 - SECT. 5. Grants in connexion with approved building schemes.

5. (1) The Minister may, during the period to which this Act applies, authorize the payment to a State under this Act in relation to an approved building scheme in that State, by way of financial assistance, of such amounts
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as, subject to sub-sections (4) and (5), he determines.

(2) The Minister may revoke or, subject to sub-sections (4) and (5), vary an authorization under this section but a State is not liable to repay an amount to Australia by reason only of the revocation or variation of an authorization.

(3) Where-

(a) the Minister varies an authorization under this section by reducing the amount of the authorization; and (b) an amount in excess of the reduced amount has been paid to the State by virtue of the authorization, the Minister may direct that the excess shall be deemed to have been paid in pursuance of another authorization.

(4) The Minister shall not authorize the payment to a State under this section of an amount that exceeds, or of amounts that exceed in the aggregate, the amount specified in the Schedule opposite to the name of that State.

(5) The Minister shall not authorize payments under this section of amounts that exceed in the aggregate-

(a) in the case of payments before 1 July 1975-$10,000,000; (b) in the case of payments before 1 July 1976-$20,000,000; and (c) in the case of payments before 1 July 1977-$30,000,000.

(6) The Minister may, at any time during the period to which this Act applies, by writing under his hand, determine that this Act shall have effect as if the amount specified in the Schedule opposite to the name of a State were varied as set out in the determination.

(7) The Minister shall not make a determination under sub-section (6) by virtue of which the maximum amount payable under this Act would exceed $30,000,000.

(8) The Minister shall not make a determination under sub-section (6) by virtue of which the maximum amount payable under this Act to a State would be reduced unless the State has consented to the reduction.

(9) The Minister shall cause a copy of a determination under sub-section (6) to be published in the Gazette.

STATES GRANTS (DWELLINGS FOR PENSIONERS) ACT 1974 No. 160, 1974 - SECT. 6. Conditions of grant.

6. Payment of an amount to a State in pursuance of an authorization under section 5 is subject to the following conditions:- (a) that the State will ensure that the amount of the payment is expended, as approved by the Minister, in connexion with the approved building scheme to which the authorization relates; (b) that the State will, whenever requested by the Minister, furnish to the Minister a report- (i) as to the progress of work, and the expected rate of further progress of work, in connexion with the approved building scheme to which the authorization relates; or (ii) if work has not commenced in connexion with the scheme at the time when the request is made-as to the expected time of commencement of work, and the expected rate of progress of work, in connexion with the scheme; (c) that the State will furnish to the Minister as soon as practicable after the end of each financial year that is included in the period to which this Act applies- (i) a statement setting out the amounts expended by the State during that financial year in connexion with approved building schemes and accompanied by a certificate of the Auditor-General of the State certifying that the amounts specified in the statement were expended as shown in the statement; and (ii) such further information, if any, as the Minister requires relating to the operation of this Act in relation to the State during that financial year; (d) that, if the weekly rate at which rent is payable to the State or an authority of the State in respect of a dwelling erected in pursuance of an approved building scheme is at any time less than the maximum weekly rate at which an allowance under section 30A of the Social Services Act 1947-1974 is payable at that time, the State will ensure that the weekly rate at which that rent is payable is, as soon as practicable, increased to a weekly rate that is not less than the maximum weekly rate at which that allowance is payable for the time being; (e) that, if the Minister informs the Treasurer of the State that he is satisfied that the State has failed to fulfil a condition applicable to the amount so paid, the State will repay that amount, or such part of that amount as the Minister thinks reasonable, to Australia; and (f) that, if the amount so paid exceeds the amount properly payable, the State will repay the excess to Australia.

STATES GRANTS (DWELLINGS FOR PENSIONERS) ACT 1974 No. 160, 1974 - SECT. 7. Adjustment of payments.

7. Where the sum of the amounts paid to a State in pursuance of an authorization under section 5 in relation to an approved building scheme exceeds the final cost of that scheme and the period to which this Act applies has expired, the Minister may exercise his powers under sections 4 and 5 as if that period had not expired for the purpose of enabling the State to apply the amount of the excess towards meeting the cost of another approved building scheme in the State or of carrying out a variation of any approved building scheme in the State.

STATES GRANTS (DWELLINGS FOR PENSIONERS) ACT 1974 No. 160, 1974 - SECT. 8. Appropriation.

8. Amounts payable to a State under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

STATES GRANTS (DWELLINGS FOR PENSIONERS) ACT 1974 No. 160, 1974 - SECT. 9. Annual report by the Minister.

9. The Minister shall, as soon as practicable after the end of each financial year that is included in the period to which this Act applies, cause a statement to be laid before each House of the Parliament setting out the payments that have been made under section 5 during that financial year and specifying the building schemes in relation to which the payments have been so made and the number of self-contained dwellings provided, or to be provided, under each scheme. -----------

STATES GRANTS (DWELLINGS FOR PENSIONERS) ACT 1974 No. 160, 1974 - SCHEDULE

SCHEDULE Section 5 (4) $ New South Wales . . . . . . . . . . . . . 12,210,000 Victoria . . . . . . . . . . . . . . . . . 7,590,000 Queensland . . . . . . . . . . . . . . . . 4,470,000 South Australia . . . . . . . . . . . . . 2,790,000 Western Australia . . . . . . . . . . . . 2,100,000 Tasmania . . . . . . . . . . . . . . . . . 840,000 ----------- 30,000,000 ----------- --------------------------------------------------------------------------------

STATES GRANTS (DWELLINGS FOR PENSIONERS) ACT 1974 No. 160, 1974 - NOTE

NOTE 1. Act No. 160, 1974; assented to 17 December 1974.