States Grants (Rural Adjustment) Agreement Ratification (Amendment) Act 1980 (NSW)
STATES G R A N T S ( R U R A L A D J U S T M E N T ) A G R E E
M E N T R A T I F I C A T I O N ( A M E N D M E N T ) A C T ,
1980 , N o . 121 ANNO VICESIMO NONO
ELIZABETHE II REGINE
Act N o . 1 2 1 , 1980 .
An Act to approve, ratify and confirm an Agreement supplemental to a certain Agreement between the Commonwealth and the State of New South Wales in relation to rural adjustment; for this and other purposes to amend the States Grants (Rural Adjustment) Agreement Ratification Act. 1977; and to validate certain matters. [Assented to, 18th November,
1980.]
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the Authority of the same, as follows :—
1. This Act may be cited as the "States Grants (Rural
Adjustment) Agreement Ratification (Amendment) Act, 1980".
| 2. | The | States | Grants | (Rural | Adjustment) | Agreement |
Ratification Act, 1977, is referred to in this Act as the Principal
Act.
The Principal Act is amended—
(a) (i) by inserting in section 2 (1) before the word "Agreement" where firstly occurring the words "States Grants (Rural Adjustment)";
(ii) by inserting in section 2 (1) after the matter "Schedule 1" the words ", read with the Agreement, a copy of which is set out in Schedule 2";
(iii) by inserting in section 2 (2) before the word "Agreement" the words "States Grants (Rural
Adjustment)";
(b) by omitting from section 3 the words "Agreement is" and by inserting instead the words "Agreements, copies of which are set out in Schedules 1 and 2, are"; (c) (i) by inserting in section 4 (1) before the word "Agreement" the words "States Grants (Rural Adjustment)";
(ii) by inserting in section 4 (2) before the word "Agreement" wherever occurring the words "States Grants (Rural Adjustment)";
(d)
by inserting in section 5 (a) after the word "Agreement" the words ", a copy of which is set out in Schedule 1,";
(e) by inserting in section 6 (1) before the word
"Agreement" the words "States Grants (Rural Adjustment)";
(f) by inserting after Schedule 1 the following Schedule :—
S C H E D U L E 2.
A N A G R E E M E N T made the thirty-first day of M a r c h One
thousand nine hundred and eighty between—•
T H E C O M M O N W E A L T H O F A U S T R A L I A of the first part ; T H E S T A T E O F N E W S O U T H W A L E S of the second part ;
T H E S T A T E O F V I C T O R I A of the third part ;
T H E S T A T E O F Q U E E N S L A N D of the fourth par t ;
T H E S T A T E O F S O U T H A U S T R A L I A of the fifth part ;
T H E S T A T E O F W E S T E R N A U S T R A L I A of the sixth par t ;
T H E S T A T E O F T A S M A N I A of the seventh par t ; and
T H E N O R T H E R N T E R R I T O R Y O F A U S T R A L I A of the eighth par t ;
which are in this agreement referred to respectively as the Commonweal th ,
as a State or collectively as the States, and as the Terr i tory.
( A ) the Commonwea l th and the States are parties to an agreement m a d e the 1st January , 1977 (in this agreement referred to as "the Principal Agreemen t" ) under which a Scheme has been established to provide assistance to persons engaged in rural industries
W H E R E A S —
throughout Austral ia;
(B) the execution of the Principal Agreement on behalf of the Com monweal th was approved by the States Gran t s (Rural Adjustment) Act 1976 which also authorized the making to a State, by way of financial assistance, on the terms and conditions contained in the Principal Agreement , of the payments by the Commonwea l th to that State provided for in the Principal Agreement ;
S C H E D U L E 2—continued.
( C ) the Commonwea l th and the States are desirous of varying the provisions of the Principal Agreement ;
( D ) following the establishment of the Terr i tory as a body politic by the Nor the rn Terr i tory (Self-Governmeni) Act 1978, the Com monweal th and the Terr i tory have proposed, and the States have agreed, that the operation of the Scheme be extended to persons engaged in rural industries in the Terr i tory and that the Terri tory should accordingly become a party to the Principal Agreement ;
( E ) the Commonwea l th and the States are desirous of making provision for and in relation to the expenditure, upon all or any of the forms of financial assistance specified in clause 5 of the Principal Agree ment as proposed to be varied by this agreement, of certain moneys held by, or repayable by certain persons to, the States, being moneys that were granted or deemed to have been granted to the States under the Loan (Fa rmers ' Debt Adjustment) Act 1935 or under that Act as amended and in force from time to t ime; and ( F ) the Par l iament of the Commonweal th has authorized the execution of this agreement by and on behalf of the Commonweal th and the provision of financial assistance to the States as provided in this agreement :
N O W I T IS H E R E B Y A G R E E D as follows:
1. ( 1 ) Except for the purposes of clause 2, this agreement shall, as between the Commonweal th and a State, come into force when it has been entered into by the Commonweal th and that State.
| (2 ) This agreement shall, as between the Commonwea l th and the Terr i tory, come into force when it has been entered into by the Common wealth and the Terr i tory. |
(3) Notwithstanding that all the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania and the Nor thern Terr i tory of Australia are named as parties to this agreement , this agreement—
(a)
shall operate as an agreement between the Commonwealth and each State in respect of which it has come into force as fully and effectually as if the State or States in respect of which it has come into force were the only State or States named as a party or as parties to the agreement; and
S C H E D U L E 2—continued.
(b) when it has come into force in respect of the Territory, whether or not it has come into force in respect of a State or States, shall operate as an agreement between the Commonwea l th and the Terr i tory as fully and effectually as if the Commonwea l th and the Terr i tory were the only parties named as parties to the agreement. ( 4 ) In this agreement, each State in respect of which the agreement has come into force is referred to as a "State", and the expression "the States" means , except where the context otherwise requires, all of the States in respect of which for the t ime being the agreement is in force.
2. (1 ) T h e Terr i tory shall on and as from the 1st July 1980 become a party with the Commonwea l th and the States to the Principal Agreement as varied by this agreement as if the Terr i tory were named as a party to the Principal Agreement .
(2 ) F o r the purposes of the operat ion of this c lause—
(a)
references in the Principal Agreement as varied by this agreement to a State shall include the Terr i tory and the expression "the States" shall have a corresponding construction;
(b)
the Minister in relation to the Territory shall be the Minister of the Terr i tory who for the t ime being has executive authori ty in respect of the matters to which the Principal Agreement as varied by this agreement relates; and
(c)
any reference in a geographical sense to a State shall be construed as including a reference to the Nor the rn Terri tory.
(1) The following sub-clause is inserted in clause 11 of the Principal Agreement immediately after sub-clause ( 1 ) : 3.
( 1A ) The amount to be made available to a State during a financial year determined under sub-clause (1 ) may, at any time the C o m m o n wealth so considers fit, after consultation with the other States, be increased by the addition of a supplementary amount determined by the Commonwea l th at that t ime.
(2 ) The following sub-clause is inserted in clause 11 after sub-clause
( 2 ) :
( 3 ) When an amount of financial assistance determined in respect
of a State under the preceding sub-clauses will not be required by the
State during the period for which the amount is determined, the
S C H E D U L E 2—continued.
amount , or such part of that amount as the Commonwea l th determines, may, with the consent of that State, be allocated by the Commonweal th to another State and the respective amounts of financial assistance to which those States are entitled under this clause during the relevant period shall be adjusted accordingly.
4. The following heading and clause are inserted in the Principal Agree
ment immediately after clause 1 1 :
F're-commitment of Assistance
11A. (1 ) Where the Minister for Pr imary Industry of the C o m m o n wealth has, upon the State establishing to his satisfaction that the circumstances so warrant , authorized the State during a financial year to commit to the Scheme financial assistance to be received under this agreement during the next succeeding financial year, the Authori ty of the State may approve the provision of assistance under the Scheme to the extent of the amount or amounts that have been so authorized by the Minister.
(2 ) Any amounts that are approved by the Authori ty of the State under sub-clause (1 ) shall be included in the amount of financial assistance to be made available by the Commonwea l th to the State for the purposes of the Scheme as determined under clause 11 in respect of the financial year for which the amounts have been approved.
5. The Schedule to the Principal Agreement is amended as follows: (a ) by inserting in paragraph (a ) of Part 1 after "pastoral industries"
(b) by deleting paragraph (2) (a) of Part 4 and inserting in its the words "the apicultural industry": place the following paragraph:
(a)
The applicant must be able to demonstrate to the satis faction of the Authority that he is an established bona fide farmer who intends remaining on his property and that the proposed improvements are of such a kind as to offer sound prospects of long term commercial viability if assis tance under the Scheme were provided.
(c)
by deleting from the second sentence of paragraph (3) (a) of Par t 7 the words " two years" and inserting in their place the words "three years";
S C H E D U L E 2—continued.
(d) by deleting from paragraph (3) (i) of Part 7 the words "six mon ths" and inserting in their place the words "twelve months" ; and (e) by deleting from paragraph (3) (1) of Part 7 the sum "$3,000" and inserting in its place the sum "$5 ,000" . 6. ( 1 ) Each State shall expend, in such manne r and at such times as the State may from time to t ime determine, upon such of the forms of financial assistance to persons engaged in rural industries in the State specified in clause 5 of the Principal Agreement as varied by this Agreement as the State may from time to t ime determine, moneys that were held by the State at the t ime of the execution of this agreement by the State, and moneys repaid to the State that, at that t ime, were repayable to the State, being moneys that were granted or deemed to have been granted to the State under the Loan ( F a r m e r s ' Debt Adjustment) Act 1935 or under that Act as amended and in force from time to t ime.
(2 ) Moneys expended by a State in accordance with sub-clause (1 ) shall not be taken to be financial assistance made available by the C o m m o n wealth to the State for the purposes of the scheme established and operated by the State in accordance with clause 4 of the Principal Agreement as varied by this Agreement .
7. T h e Principal Agreement is confirmed to the intent that its operat ion prior to the date upon which the variations made by this agreement take effect shall not be affected and that as from that date it shall have effect as varied by this agreement .
(1) In this section, "the States Grants (Rural Adjustment) Agreement" has the same meaning as in the Principal Act, as amended by this Act.
4 .
(2) Any act, matter or thing done pursuant to the States Grants (Rural Adjustment) Agreement before the commencement of this Act shall have, and shall be deemed always to have had, the same force and effect as it would have, or would have had, if the States Grants (Rural Adjustment) Agreement and this Act had been in force when the act, matter or thing was done.
(3) Any instrumentality which was, immediately before the commencement of this Act, the Authority for the purposes of the Principal Act and the Agreement, within the meaning of that Act, shall be deemed to have been designated by the Minister under section 2 (2) of that Act, as amended by this Act, to be the Authority for the purposes of that Act, as so amended, and the States Grants (Rural Adjustment) Agreement.
0
0
0