States (Tax Sharing and Health Grants) Regulations (Amendment) (Cth)

Statutory Rules 1984 No. 1381

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States (Tax Sharing and Health Grants) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the States (Tax Sharing and Health Grants) Act 1981.

Dated 27 June 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

PAUL KEATING

Treasurer

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After regulation 3a of the States (Tax Sharing and Health Grants) Regulations the following regulation is inserted:

Distribution of certain health grants among the States

“3b. (1) Subject to sub-regulation (6), for the purposes of sub-section 19 (1) of the Act, an amount to which the States (other than South Australia or Tasmania) are together entitled under sub-section 16 (1) of the Act shall be distributed among the States by paying to each State an amount equal to the prescribed amount ascertained under sub-section 16 (2) of the Act in relation to that State.

“(2) Subject to sub-regulation (6), for the purposes of sub-section 19 (1) of the Act, an amount to which the States (other than South Australia or Tasmania) are together entitled under sub-section 18 (1) of the Act shall be distributed among the States by paying to each State an amount that bears to the total amount available under that sub-section the same proportion as the prescribed amount ascertained under sub-section 16 (2) of the Act in relation to that State bears to the total amount available for distribution under sub-section 16 (1) of the Act.

“(3) For the purpose of sub-section 19 (2) of the Act, an amount to which the States are together entitled under sub-section 18 (2) of the Act shall be distributed among the States by paying—

(a) to a State other than Western Australia, South Australia or Tasmania—an amount that is the difference between the amount calculated in accordance with sub-regulation (4) in respect of that State and the amount ascertained in accordance with paragraph 18 (2) (b) of the Act in respect of that State;

(b) to Western Australia—an amount calculated in accordance with sub-regulation (4); and

(c) to South Australia or Tasmania—an amount that is the difference between the amount calculated in accordance with sub-regulation (5) in respect of that State and the amount ascertained in accordance with paragraph 18 (2) (b) of the Act in respect of that State.

“(4) The amount to be calculated in respect of a State for the purpose of paragraph 3 (a) or (b) shall be an amount that bears to the amount that State is paid under sub-regulation (2) the same proportion as the total amount of taxes collected by the Commonwealth in the year commencing on 1 July 1983 bears to the total amount of taxes collected by the Commonwealth in the year commencing on 1 July 1982.

“(5) The amount to be calculated in respect of a State for the purpose of paragraph (3) (c) shall be an amount that bears to the sum of—

(a) the amount to which that State is entitled under sub-section 18 (3) of the Act; and

(b) the agreed amount in respect of that State under sub-section 18 (5) of the Act,

the same proportion as the total amount of taxes collected by the Commonwealth in the year commencing on 1 July 1983 bears to the total amount of taxes collected by the Commonwealth in the year commencing on 1 July 1982.

“(6) Where, after having had regard to any findings of the Commonwealth Grants Commission under Part III of the Act, the Treasurer determines that it would be appropriate to do so, he may vary an amount or amounts that would otherwise be paid to a State or States under sub-regulation (1) or (2).”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 June 1984.

2. Statutory Rules 1981 No. 249 as amended by 1982 No. 145.