States (Works and Housing) Assistance Act 1988 (Cth)

States (Works and Housing) Assistance Act 1988

Act No. 82 of 1988 as amended

This compilation was prepared on 1 March 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 and the Northern Territory in connection with expenditure of a capital nature, to make loans to the States and the Northern Territory for public housing, to authorise the Commonwealth to borrow certain money, and for related purposes

1Short title [see Note 1]

This Act may be cited as the States (Works and Housing) Assistance Act 1988.

2Commencement [see Note 1]

This Act commences on the day on which it receives the Royal Assent.

3Interpretation

In this Act:

State includes the Northern Territory.

the 1988-89 year means the year beginning on 1 July 1988.

4Grants to States during 1988-89 in respect of capital expenditure

1. (1)

   The Treasurer may, during the 1988-89 year, 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 so much of the amount specified in column 2 of the Schedule opposite to the name of the State as exceeds the total of the deductible amounts in relation to the State.

2. (2)

   For the purposes of subsection (1), a deductible amount in relation to a State other than the Northern Territory is an amount paid to the State under section 5D of the States (Works and Housing) Assistance Act 1985.

3. (3)

   For the purposes of subsection (1), a deductible amount in relation to the Northern Territory is an amount paid to the Northern Territory as a general purpose capital grant out of either or both of the following:

   1. (a)

      such of the money appropriated by the Supply Act (No. 2) 1988-89 as is specified in Division 977 in Schedule 2 to that Act; or

   2. (b)

      such of the money appropriated by the Appropriation Act (No. 2) 1988-89 as is specified in Division 977 in Schedule 4 to that Act.

5Advance payments to States for 1989-90 in respect of capital expenditure

The Treasurer may, during the period of 6 months beginning on 1 July 1989, 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 the State.

6States not bound to apply payments towards capital expenditure

Nothing in this Act prevents a State from applying an amount paid to it under section 4 or 5 for the purpose of expenditure that is not of a capital nature.

7Loans to States for public housing

1. (1)

   Subject to section 8, a State specified in column 1 of the Schedule may, on or before 31 December 1988, notify the Treasurer that, for the purpose of expenditure in respect of the 1988-89 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 2 in the Schedule opposite to the name of the State, and, where it does so, the Treasurer may, during that year, authorise the making of that loan by way of financial assistance to the State for that purpose.

2. (2)

   Subject to sections 8 and 9, 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 State under 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. (3)

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

8Loan not to be made to State in certain circumstances etc.

The Treasurer shall not authorise the making of a loan to a State under subsection 7(1) during the 1988-89 year unless satisfied that the State will comply with the terms and conditions of the agreement entered into between the Commonwealth and the State under the Housing Assistance Act 1984 that relate to the provision of matching funds by the State during that year, and, in addition to the terms and conditions referred to in subsection 7(2), a loan to the State under subsection 7(1) is subject to the condition that the State will comply with the first-mentioned terms and conditions.

9Variation of conditions relating to loan to State

1. (1)

   If the Minister for Community Services and Health becomes satisfied that a State has not complied with the condition specified in section 8 in relation to a loan:

   1. (a)

      that Minister shall inform the Treasurer accordingly; and

   2. (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 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.

2. (2)

   If the Minister for Community Services and Health becomes satisfied that a State has not expended, or committed itself to expend, in respect of the 1988-89 year in relation to public housing, the whole or a part of the money available to the State by way of a loan made to the State under subsection 7(1):

   1. (a)

      that Minister shall inform the Treasurer accordingly; and

   2. (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.

10Advance payments to State in respect of public housing

1. (1)

   The Treasurer may, during the period of 6 months beginning on 1 July 1989, 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 3 of the Schedule opposite to the name of the State.

2. (2)

   Payments 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.

11Statement by State in respect of public housing

1. (1)

   A State shall give the Minister for Community Services and Health, on or before 30 November 1989, a statement about the expenditure of the amount of a loan made to the State under subsection 7(1).

2. (2)

   A statement under subsection (1) shall be:

   1. (a)

      in accordance with a form approved by the Minister for Community Services and Health; and

   2. (b)

      certified as to its correctness by a person appointed for that purpose by the relevant State Minister.

12Payments to be made out of Consolidated Revenue Fund

A payment to a State for the purposes of this Act may be made out of the Consolidated Revenue Fund.

13Authority to borrow

The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorising the issue of Treasury Bills, borrow money not exceeding in the aggregate the sum of:

1. (a)

   the amounts that may become payable to the States under this Act; and

2. (b)

   the expenses of borrowing;

less the sum of any amounts borrowed under section 15 of the States (Works and Housing) Assistance Act 1985 for the purposes of making payments to the States under sections 5D, 9 and 13 of that Act during the period of 6 months beginning on 1 July 1988.

14Application of money borrowed

Money borrowed under section 13 shall be issued and applied only for the expenses of borrowing and for the purposes of making payments to the States in accordance with this Act.

16Appropriation

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

17Delegation by Treasurer

1. (1)

   The Treasurer may, by writing signed by him or her, delegate to a person holding, or performing the duties of, an office in the Department of the Treasury all or any of the Treasurer’s powers under sections 4, 5, 7 and 10.

2. (2)

   A delegate is, in the exercise of a power so delegated, subject to the Treasurer’s directions.

ScheduleAmounts of capital grants, loans and advances

Sections 4, 5, 7 and 10

Column 1 State	Column 2 Maximum amount of grant under subsection 4(1) or of loan under subsection 7(1)	Column 3 Maximum aggregate amount of payments under section 5 or 10
$	$
New South Wales.............................	86,335,500	43,167,750
Victoria............................................	71,477,000	35,738,500
Queensland......................................	18,724,500	9,362,250
Western Australia.............................	22,877,000	11,438,500
South Australia.................................	39,584,500	19,792,250
Tasmania.........................................	27,657,500	13,828,750
Northern Territory............................	43,848,000	21,924,000
Total.........................................	310,504,000	155,252,000

Notes to theStates (Works and Housing) Assistance Act 1988

Note 1

The States (Works and Housing) Assistance Act 1988 as shown in this compilation comprises Act No. 82, 1988 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 1988	82, 1988	19 Oct 1988	19 Oct 1988
Financial Framework Legislation Amendment Act 2005	8, 2005	22 Feb 2005	Schedule 1 (items 51–55): Royal Assent	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Heading to s. 12...................	am. No. 8, 2005
S. 12.....................................	am. No. 8, 2005
S. 14.....................................	am. No. 8, 2005
S. 15.....................................	rep. No. 8, 2005
S. 16.....................................	am. No. 8, 2005