States Grants (Fruit-growing Reconstruction) Act 1974 (Cth)

STATES GRANTS (FRUIT-GROWING

RECONSTRUCTION) ACT 1974

No. 157 of 1974

An Act relating to an Agreement between Australia and the States with respect to the Provision of further Assistance to Persons engaged in Fruit-growing.

 

WHEREAS the execution, on behalf of Australia, of an agreement between Australia and all or any of the States in respect of a scheme to provide assistance to persons engaged in fruit-growing, being an agreement substantially in accordance with the form set out in the Schedule to the States Grants (Fruit-growing Reconstruction) Act 1972 was approved by that Act:

AND WHEREAS on 2 November 1972 Australia and all of the States executed an agreement in accordance with the form set out in the Schedule to that Act:

AND WHEREAS on 24 November 1973 Australia and all of the States executed an agreement varying the agreement executed on 2 November 1972:

AND WHEREAS the agreement executed on 24 November 1973 was approved by the States Grants (Fruit-growing Reconstruction) Act 1973 as provided for in that agreement:

AND WHEREAS on 2 December 1974 Australia and all of the States executed an agreement varying the agreement executed on 2 November 1972, as varied by the agreement executed on 24 November 1973:

AND WHEREAS it is provided in the agreement executed on 2 December 1974 that the agreement shall have no force or effect until it has been approved by the Australian Parliament:

BE IT THEREFORE ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title

1. This Act may be cited as the States Grants (Fruit-growing Reconstruction) Act 1974.

Commencement

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

Definition

3. In this Act, “Revised Agreement” means the agreement executed, by Australia in pursuance of the States Grants (Fruit-growing Reconstruction) Act 1972, as varied by the agreement set out in the Schedule to the States Grants (Fruit-growing Reconstruction) Act 1973 and by the agreement a copy of which is set out in the Schedule to this Act.

Approval.

4. The agreement a copy of which is set out in the Schedule is approved.

Appropriation for financial assistance.

5. (1) The payments by Australia to a State provided for in the Revised Agreement, including advances by the Treasurer, may be made to the State, by way of financial assistance on the terms and conditions assistance, contained in—

(a) the Revised Agreement; or

(b) if the Schedule to the Revised Agreement is amended in accordance with the Revised Agreement, the Revised Agreement as so amended.

(2) The payments referred to in sub-section (1) may be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

Modification of Rural Reconstruction Agreement

6. Payments may be made under section 5 of the States Grants(Rural Reconstruction) Act 1973 as if the reference in that section to Agreements relating to rural reconstruction was a reference to those Agreement, agreements as modified by the Revised Agreement.

 

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SCHEDULE  Section 4

THIS AGREEMENT is made the Second day of December One thousand nine hundred and seventy-four between—

THE COMMONWEALTH OF AUSTRALIA of the first part,

THE STATE OF NEW SOUTH WALES of the second part,

THE STATE OF VICTORIA of the third part,

THE STATE OF QUEENSLAND of the fourth part,

THE STATE OF SOUTH AUSTRALIA of the fifth part,

THE STATE OF WESTERN AUSTRALIA of the sixth part, and

THE STATE OF TASMANIA of the seventh part

and is a further supplemental agreement to the agreement in relation to the provision of financial assistance for persons engaged in fruit-growing industries throughout Australia known as the 1972-1973 Fruit-Growing Reconstruction Agreement and constituted by the agreement that was approved by the States Grants (Fruit-growing Reconstruction) Act 1972 and was made the second day of November 1972 as varied by the agreement that was approved by the States Grants (Fruit-growing Reconstruction) Act 1973 and was made the twenty-fourth day of November 1973 (which agreements are in this agreement respectively referred to as “the Principal Agreement” and “the First Supplemental Agreement” and together as “the Revised Agreement”).

WHEREAS—

(a) the parties are desirous of extending further the financial assistance to be provided under the Revised Agreement and of varying certain of the provisions of the Revised Agreement; and

(b) the Australian Parliament will be requested to approve this agreement and to authorize the grant of financial assistance to the States in accordance with the provisions of the Revised Agreement as varied by this agreement:

NOW IT IS HEREBY AGREED as follows—

Approval of Agreement

1. This agreement shall have no force or effect and shall not be binding upon any party until it has been approved by the Australian Parliament.

Commencement of Agreement

2. Upon being approved by the Australian Parliament this agreement shall be deemed to have commenced on the first day of July 1974 so that the Revised Agreement shall be regarded as having been varied on that date and as providing for and giving effect to acts done on and from that date as if it had been so varied.

Operation of Agreement

3. The Revised Agreement as varied by this agreement shall be construed as if this agree­ment were incorporated in and formed part of the Revised Agreement and so that, except where the context otherwise requires, references in the Revised Agreement to the Principal Agreement or to the Principal Agreement as varied by the First Supplemental Agreement were references to the Revised Agreement as varied by and incorporating the provisions of this agreement.

Interpretation

4. Except where the contrary intention appears, expressions used in this agreement that are expressions to which meanings are attributed in the Principal Agreement have in this agreement the respective meanings so attributed to them.

SCHEDULE—continued

Extension of Financial Assistance

5. Clause 7 of the Principal Agreement as varied by the First Supplemental Agreement is varied by deleting the date “the thirtieth day of June, 1974” and inserting in its place the date “the thirty-first day of December, 1975”.

Amendments of Schedule

6. (1) The Schedule to the Principal Agreement is amended as follows:

(a) by deleting from paragraph 3.1 as varied by the First Supplemental Agreement the date “31 October 1974”and inserting in its place the date “30 June 1976”;

(b) by deleting from paragraph 3.1 the sentence that was added by paragraph (f) of sub-clause 5(1) of the First Supplemental Agreement.

(2) The amendment made by paragraph (b) of sub-clause (1) of this clause shall be deemed to have taken effect on the fifth day of April 1974.

Confirmation and Title of Agreement

7. The Revised Agreement as varied by this agreement is confirmed and, as so varied, shall be known as “the 1972-1974 Fruit-growing Reconstruction Agreement”.

IN WITNESS WHEREOF this agreement has been executed on behalf of the parties respectively as at the day and year first above written.

SIGNED by THE HONOURABLE EDWARD

GOUGH WHITLAM, Prime Minister E. G. WHITLAM

of Australia, in the presence of—

P. WARN

SIGNED by THE HONOURABLE SIR

ROBERT WILLIAM ASKIN, Premier of R. W. ASKIN

New South Wales, in the presence of—

K. P. STEVENS

SIGNED by THE HONOURABLE RUPERT

JAMES HAMER, Premier of Victoria, in the R. J. HAMER

presence of—

K. D. GREEN

SIGNED by THE HONOURABLE

JOHANNES BJELKE-PETERSEN, Premier  JOH. BJELKE-PETERSEN

of Queensland, in the presence of—

KEITH SPANN

SIGNED by THE HONOURABLE

DONALD ALLAN DUNSTAN, Premier of  D. A. DUNSTAN

South Australia, in the presence of—

G. R. HOWELLS

SIGNED by THE HONOURABLE SIR

CHARLES WALTER MICHAEL COURT,  CHARLES COURT

Premier of Western Australia, in the presence of—

BRIAN V. JOHNSON

SIGNED by THE HONOURABLE ERIC

ELLIOTT REECE, Premier of Tasmania, in  ERIC REECE

the presence of—

C. W. HALLAM