States (Works and Housing) Assistance Act 1984 (Cth)

States (Works and Housing) Assistance Act 1984

Act No. 161 of 1984 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 public 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 1984.

2Commencement [see Note 1]

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

3Interpretation

 In this Act, relevant year means the year ending on 30 June 1985.

4Grants to States during the year 1984-85 in respect of capital expenditure

• (1)

  There is payable to a State specified in column 1 of the Schedule, during the relevant year, 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 5 of the States (Works and Housing) Assistance Act 1983.

• (2)

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

5Advance payments to States for 1985-86 in respect of capital expenditure

 The Treasurer may, during the period of 6 months commencing on 1 July 1985, 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.

6Loans to States for public housing

• (1)

  Subject to section 7, a State specified in column 1 of the Schedule may, on or before 31 December 1984, notify the Treasurer that, for the purpose of expenditure in respect of the relevant year in relation to public 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 the relevant year authorize the making of that loan by way of financial assistance to the State for that purpose.

• (2)

  Subject to sections 7 and 8, 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 pursuant to the Housing Assistance Act 1984 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.

7Loans not to be made to State in certain circumstances, etc.

The Treasurer shall not authorize the making of a loan to a State under subsection 6(1) unless satisfied that that State will comply with the terms and conditions of the agreement entered into between the Commonwealth and that State pursuant to the Housing Assistance Act 1984 that relate to the provision of matching funds by that State during the relevant year, and, in addition to the terms and conditions referred to in subsection 6(2), a loan to that State under subsection 6(1) is subject to the condition that that State will comply with the first-mentioned terms and conditions.

8Variation of conditions relating to loans to States

• (1)

  If the Minister for Housing and Construction becomes satisfied that a State has not complied with the condition specified in section 7 in relation to a loan:

  • (a)

    that Minister 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 has effect accordingly.

• (2)

  If the Minister for Housing and Construction becomes satisfied that a State has not expended, or committed itself to expend, in respect of the relevant year in relation to public housing, the whole or a part of the moneys available to the State by way of a loan made to the State under subsection 6(1):

  • (a)

    that Minister 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, the loan or a specified part of the loan, being such part as the Treasurer considers to be appropriate, as the case may be, are to be the 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 has effect accordingly.

9Advance payments to States for 1985-86 in respect of public housing

• (1)

  The Treasurer may, during the period of 6 months commencing on 1 July 1985, make payments to a State specified in column 1 of the Schedule, for the purpose of financial assistance for expenditure for the purpose of public housing, of amounts not exceeding in the aggregate the amount specified in column 5 of the Schedule opposite to the name of that State.

• (2)

  Payments to a State under subsection (1) shall be made on such terms and conditions as are determined by the Treasurer at the time when the payments are made, being such terms and conditions as the Treasurer considers to be appropriate.

10Loans to the Northern Territory for public housing

• (1)

  Subject to subsection (4) and to section 11, the Northern Territory may, on or before 31 December 1984, notify the Treasurer that, for the purpose of expenditure in respect of the relevant year in relation to public housing, it requires a loan of a specified amount, not being an amount that exceeds $91,634,800, and, where it does so, the Treasurer may, during the relevant year, authorize the making of that loan by way of financial assistance to the Northern Territory for that purpose.

• (2)

  Subject to sections 11 and 12, 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 pursuant to the Housing Assistance Act 1984 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) 1984-85 or the Appropriation Act (No. 2) 1984-85 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 money appropriated by the Appropriation Act (No.2) 1984‑85 as is specified in item 3 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 money referred to in paragraph (b) exceeding $91,634,800.

• (5)

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

11Loan not to be made to Northern Territory in certain circumstances

The Treasurer shall not authorize the making of a loan to the Northern Territory under subsection 10(1) unless satisfied that the Northern Territory will comply with the terms and conditions of the agreement entered into between the Commonwealth and the Northern Territory pursuant to the Housing Assistance Act 1984 that relate to the provision of matching funds by the Northern Territory during the relevant year, and, in addition to the terms and conditions referred to in subsection 10(2), a loan to the Northern Territory under subsection 10(1) is subject to the condition that the Northern Territory will comply with the first-mentioned terms and conditions.

12Variation of conditions relating to loan to Northern Territory

• (1)

  If the Minister for Housing and Construction becomes satisfied that the Northern Territory has not complied with the condition specified in section 11 in relation to a loan:

  • (a)

    that Minister 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 the 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 has effect accordingly.

• (2)

  If the Minister for Housing and Construction becomes satisfied that the Northern Territory has not expended, or committed itself to expend, in respect of the relevant year in relation to public housing, the whole or a part of the money available to the Northern Territory by way of a loan made to the Northern Territory under subsection 9(1):

  • (a)

    that Minister 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, the loan or a specified part of the loan, being such part as the Treasurer considers to be appropriate, as the case may be, are to be the 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 has effect accordingly.

13Advance payments to Northern Territory for 1985-86 in respect of public housing

• (1)

  The Treasurer may, during the period of 6 months commencing on 1 July 1985, make payments to the Northern Territory, for the purpose of financial assistance for expenditure for the purpose of public housing, of amounts not exceeding in the aggregate $45,817,400.

• (2)

  Payments to the Northern Territory under subsection (1) shall be made on such terms and conditions as are determined by the Treasurer at the time when the payments are made, being such terms and conditions as the Treasurer considers to be appropriate.

14Payments 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.

15Authority 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 1985, 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)

    $782,250,000;

  • (b)

    an amount equal to the total amount that is to be lent to the States under section 6;

  • (c)

    an amount equal to the amount that is to be lent to the Northern Territory under section 10;

  • (d)

    an amount equal to the total amount (if any) that is to be paid to the States under section 9;

  • (e)

    an amount equal to the amount (if any) that is to be paid to the Northern Territory under section 13; and

  • (f)

    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 15(1) of the States (Works and Housing) Assistance Act 1983 for the purposes of making payments to the States in accordance with section 5 of that Act.

16Application of moneys borrowed

 Moneys borrowed under subsection 15(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.

18Appropriation

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

Schedule

  

Sections 4, 5, 6 and 9

Column 1	Column 2 Amount of grant under subsection 4(1)	Column 3 Maximum aggregate amount of payments under section 5	Column 4 Maximum amount of loans under section 6	Column 5 Maximum aggregate amount of payments under section 9
$	$	$	$
New South Wales.......	168,572,000	84,286,000	337,143,000	168,571,500
Victoria.....................	131,016,000	65,508,000	262,031,000	131,015,500
Queensland................	69,147,000	34,573,500	138,295,000	69,147,500
Western Australia.......	48,255,000	24,127,500	96,509,000	48,254,500
South Australia..........	67,961,000	33,980,500	135,923,000	67,961,500
Tasmania...................	36,549,000	18,274,500	73,099,000	36,549,500
521,500,000	260,750,000	1,043,000,000	521,500,000

Notes to theStates (Works and Housing) Assistance Act 1984

Note 1

The States (Works and Housing) Assistance Act 1984as shown in this compilation comprises Act No. 161, 1984 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 1984	161, 1984	25 Oct 1984	25 Oct 1984
Financial Framework Legislation Amendment Act 2005	8, 2005	22 Feb 2005	Schedule 1 (items 41–45): Royal Assent	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Heading to s. 14...................	am. No. 8, 2005
S. 14.....................................	am. No. 8, 2005
S. 16.....................................	am. No. 8, 2005
S. 17.....................................	rep. No. 8, 2005
S. 18.....................................	am. No. 8, 2005