States (Works and Housing) Assistance Act 1982 (Cth)

States (Works and Housing) Assistance Act 1982

Act No. 96 of 1982 as amended

This compilation was prepared on 28 February 2005

taking into account amendments up to Act No. 8 of 2005

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

      

Contents

An Act to grant financial assistance to the States in connection with expenditure of a capital nature, to make loans to the States and the Northern Territory for welfare housing and to authorize the borrowing of certain moneys by the Commonwealth

1Short title [see Note 1]

 This Act may be cited as the States (Works and Housing) Assistance Act 1982.

2Commencement [see Note 1]

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

3Grants to States during the year 1982-83

• (1)

  There is payable to a State specified in column 1 of the Schedule, during the year ending on 30 June 1983, for the purpose of financial assistance in connection with expenditure of a capital nature, the amount specified in column 2 of the Schedule opposite to the name of that State, less the sum of any amounts paid to that State under section 4 of the States Grants (Capital Assistance) Act 1981.

• (2)

  Payments for the purposes of this section shall be made in such amounts and at such times as the Treasurer approves.

4Advance payments to States for 1983-84

 The Treasurer may, during the period of 6 months commencing on 1 July 1983, make payments to a State specified in column 1 of the Schedule, for the purpose of financial assistance in connection with expenditure of a capital nature, of amounts not exceeding in the aggregate the amount specified in column 3 of the Schedule opposite to the name of that State.

5Loans to States for welfare housing

• (1)

  A State specified in column 1 of the Schedule may, during the year ending on 30 June 1983, notify the Treasurer that, for the purpose of welfare housing, it requires a loan of a specified amount, not being an amount that exceeds the amount specified in column 4 of the Schedule opposite to the name of that State, and, where it does so, the Treasurer may, during that year, authorize the making of that loan by way of financial assistance for expenditure by the State for that purpose.

• (2)

  Subject to section 6, loans under subsection (1) shall be made on such terms and conditions as are specified in the agreement entered into between the Commonwealth and the State in pursuance of the Housing Assistance Act 1981 in relation to loans, other than any terms and conditions of the agreement relating to the provision of matching funds by the State.

• (3)

  Payments for the purposes of this section shall be made in such amounts and at such times as the Treasurer approves.

6Additional conditions relating to loans to States for welfare housing

• (1)

  In addition to the terms and conditions referred to in subsection 5(2), a loan to a State under subsection 5(1) is subject to the following conditions:

  • (a)

    that the State will, from its own resources, expend on welfare housing during the year ending on 30 June 1983 amounts amounting in the aggregate to not less than the sum of the amounts that the State, from its own resources, expended on welfare housing during the year ending on 30 June 1982; and

  • (b)

    that, as soon as practicable after 30 June 1983, the State will furnish to the Commonwealth a statement showing particulars of the expenditure on welfare housing by the State from its own resources during the year ending on that date and, if the Minister for Social Security so requires, particulars of the expenditure on welfare housing by the State from its own resources during the year ending on 30 June 1982 accompanied by a certificate by a person appointed for the purpose by a Minister of the Crown of the State certifying that, in his opinion, the statement is correct.

• (2)

  If the Minister for Social Security becomes satisfied that a State has not complied with a condition specified in subsection (1) in relation to a loan:

  • (a)

    he shall inform the Treasurer accordingly; and

  • (b)

    the Treasurer may give the Treasurer of the State a notice in writing stating that the terms and conditions relating to interest on, and the repayment of, a specified part of the loan, being such part as the Treasurer considers to be appropriate, are to be terms and conditions set out in the notice, being terms and conditions that the Treasurer, having regard to the terms and conditions relating to interest on, and the repayment of, other loans made by the Commonwealth to States, considers to be appropriate;

  and, if such a notice is given, it shall have effect accordingly.

7Loans to the Northern Territory for welfare housing

• (1)

  Subject to subsection (4), the Northern Territory may, during the year ending on 30 June 1983, notify the Treasurer that, for the purpose of welfare housing, it requires a loan of a specified amount, not being an amount that exceeds $80,419,000, and, where the Northern Territory does so, the Treasurer may, during that year, authorize the making of that loan by way of financial assistance for that purpose.

• (2)

  Subject to section 8, a loan under subsection (1) shall be made on such terms and conditions as are specified in the agreement entered into between the Commonwealth and the Northern Territory in pursuance of the Housing Assistance Act 1981 in relation to loans, other than any terms and conditions of the agreement relating to the provision of matching funds by the Northern Territory.

• (3)

  Payments for the purposes of this section shall be made in such amounts and at such times as the Treasurer approves.

• (4)

  Nothing in this Act, the Supply Act (No. 2) 1982-83 or the Appropriation Act (No. 2) 1982-83 shall be taken to authorize:

  • (a)

    the payment to the Northern Territory by way of a loan under this section; or

  • (b)

    the payment to the Northern Territory out of such of the moneys appropriated by the Appropriation Act (No. 2) 1982‑83 as are specified in item 4 of Division 977 in Schedule 2 to that Act;

  of an amount the payment of which would result in the sum of the payments under this section and the payments out of the moneys referred to in paragraph (b) exceeding $80,419,000.

• (5)

  The Acts specified in subsection (4) have effect subject to that subsection.

8Additional conditions relating to loans to the Northern Territory for welfare housing

• (1)

  In addition to the terms and conditions referred to in subsection 7(2), a loan to the Northern Territory under subsection 7(1) is subject to the following conditions:

  • (a)

    that the Northern Territory will, from its own resources, expend on welfare housing during the year ending on 30 June 1983 amounts amounting in the aggregate to not less than the sum of the amounts that the Northern Territory, from its own resources, expended on welfare housing during the year ending on 30 June 1982; and

  • (b)

    that, as soon as practicable after 30 June 1983, the Northern Territory will furnish to the Commonwealth a statement showing particulars of the expenditure on welfare housing by the Northern Territory from its own resources during the year ending on that date and, if the Minister for Social Security so requires, particulars of the expenditure on welfare housing by the Northern Territory from its own resources during the year ending on 30 June 1982 accompanied by a certificate by a person appointed for the purpose by a person holding an office referred to in section 34 of the Northern Territory (Self-Government) Act 1978 certifying that, in his opinion, the statement is correct.

• (2)

  If the Minister for Social Security becomes satisfied that the Northern Territory has not complied with a condition specified in subsection (1) in relation to a loan:

  • (a)

    he shall inform the Treasurer accordingly; and

  • (b)

    the Treasurer may give the Treasurer of the Northern Territory a notice in writing stating that the terms and conditions relating to interest on, and the repayment of, a specified part of the loan, being such part as the Treasurer considers to be appropriate, are to be terms and conditions set out in the notice, being terms and conditions that the Treasurer, having regard to the terms and conditions relating to interest on, and the repayment of, other loans made by the Commonwealth to the Northern Territory, considers to be appropriate;

  and, if such a notice is given, it shall have effect accordingly.

9Payments to be made out of Consolidated Revenue Fund

 Payments to a State or the Northern Territory for the purposes of this Act may be made out of the Consolidated Revenue Fund.

10Authority to borrow

• (1)

  Subject to subsection (2), the Treasurer may, during the period commencing on the date of commencement of this Act and ending on 31 December 1983, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of:

  • (a)

    $686,600,500;

  • (b)

    an amount equal to the amount that is to be advanced to the States under section 5;

  • (c)

    an amount equal to the amount that is to be advanced to the Northern Territory under section 7; and

  • (d)

    the expenses of borrowing.

• (2)

  For the purposes of the application of subsection (1), the amount specified in paragraph (1)(a) shall be taken to be reduced by the sum of any amounts borrowed by the Treasurer in accordance with subsection 6(1) of the States Grants (Capital Assistance) Act 1981 for the purposes of making payments to the States in accordance with section 4 of that Act.

11Application of moneys borrowed

 Moneys borrowed under subsection 10(1) shall be issued and applied only for the expenses of borrowing and for the purposes of making payments to the States and the Northern Territory in accordance with this Act.

13Appropriation

 The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act.

Schedule

  

Sections 3, 4 and 5

Column 1 State	Column 2 Amount of grant under subsection 3(1)	Column 3 Maximum aggregate amount of payments under section 4	Column 4 Maximum amount of loans under section 5
$	$	$
New South Wales.................	147,938,000	73,969,000	295,876,000
Victoria................................	114,979,000	57,489,500	229,959,000
Queensland..........................	60,683,000	30,341,500	121,367,000
South Australia.....................	59,643,000	29,821,500	119,285,000
Western Australia.................	42,348,000	21,174,000	84,695,000
Tasmania.............................	32,076,000	16,038,000	64,151,000
457,667,000	228,833,500	915,333,000

Notes to the States (Works and Housing) Assistance Act 1982

Note 1

The States (Works and Housing) Assistance Act 1982as shown in this compilation comprises Act No. 96, 1982 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
States (Works and Housing) Assistance Act 1982	96, 1982	22 Oct 1982	22 Oct 1982
Financial Framework Legislation Amendment Act 2005	8, 2005	22 Feb 2005	Schedule 1 (items 31–35): Royal Assent	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Heading to s. 9.......................	am. No. 8, 2005
S. 9.........................................	am. No. 8, 2005
S. 11.......................................	am. No. 8, 2005
S. 12.......................................	rep. No. 8, 2005
S. 13.......................................	am. No. 8, 2005