Commonwealth Grants Amendment Act Commission 1980
No. 6 of 1980
An Act to amend the Commonwealth Grants Commission Act 1973
[Assented to 24 March 1980]
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Commonwealth Grants Commission Amendment Act 1980.
(2) The Commonwealth Grants Commission Act 1973 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
3. After section 16a of the Principal Act the following section is inserted:
Inquiries relating to the Australian Capital Territory
“16b. (1) The Commission shall inquire into and report to the Minister upon any matters, being matters relating to the financing of works and services provided in respect of the Australian Capital Territory, that are referred to the Commission by the Minister.
“(2) In sub-section (1), ‘works and services provided in respect of the Australian Capital Territory’ means works and services provided, in respect of the Australian Capital Territory, by the Commonwealth or an authority of the Commonwealth that are of a similar kind to works and services provided, in respect of a State, by the State or an authority of the State, or, in respect of a part of a State, by the local government authority established, by or under a law of the State, in respect of that part of the State.”.
Reports to be laid before Parliament
4. Section 25 of the Principal Act is amended by inserting in sub-section (1) “, 16b” after “16a”.
Overview
The Commonwealth Grants Commission Amendment Act 1980 was enacted to address the need for a structured inquiry and reporting mechanism regarding the financing of works and services provided in respect of the Australian Capital Territory. This Act amends the Commonwealth Grants Commission Act 1973 to include specific provisions concerning the Australian Capital Territory, ensuring that the Commonwealth Grants Commission can effectively investigate and report on matters related to its financing. The Act was passed by the Queen, in accordance with the Senate and House of Representatives of the Commonwealth of Australia, with the intent of facilitating better financial oversight and management in the Australian Capital Territory. The insertion of section 16b, which mandates the Commission to inquire into and report on the financing of relevant works and services, reflects the policy objective of providing a clear framework for the assessment and communication of financial needs specific to the Australian Capital Territory.
Scope and Application
The Commonwealth Grants Commission Amendment Act 1980 amends the Commonwealth Grants Commission Act 1973 to extend the scope of the Commission's inquiries to include matters relating to the financing of works and services provided in respect of the Australian Capital Territory. This Act applies to the Commonwealth Grants Commission and any entities or authorities responsible for providing works and services in the Australian Capital Territory. The amendment ensures that the Commission can now refer to and report on financial aspects concerning the Australian Capital Territory, which were previously outside its remit. The Act's geographic reach is specific to the Australian Capital Territory, and it does not extend to other states or territories. The amendment is effective immediately upon receiving Royal Assent and requires the Commission to report on any referred matters to the Minister, who must then lay these reports before Parliament. This legislative change aims to provide more comprehensive oversight and reporting on the financial aspects of Commonwealth-provided services in the Australian Capital Territory.
Key Provisions
The Commonwealth Grants Commission Amendment Act 1980 (sections 1-4) amends the Commonwealth Grants Commission Act 1973 by inserting new provisions related to the Australian Capital Territory. Specifically, section 16b mandates that the Commission inquires into and reports on matters referred by the Minister regarding the financing of works and services provided in the Australian Capital Territory. These works and services must be of a similar nature to those provided by states or local governments. Furthermore, section 4 amends section 25 of the Principal Act to ensure that reports under the new section 16b are laid before Parliament.
The Act imposes specific obligations on the Commonwealth Grants Commission, requiring it to conduct inquiries and submit reports to the Minister and Parliament on matters referred to it concerning the financing of works and services in the Australian Capital Territory. These inquiries must be thorough and the reports must be comprehensive, providing the Minister and Parliament with the necessary information to make informed decisions.
There are no explicit offences, penalties, or consequences for breach outlined in the provided text of the Act. However, the requirement for the Commission to conduct inquiries and submit reports to the Minister and Parliament underscores the importance of compliance with these provisions. Failure to adhere to these obligations could potentially result in legal consequences, including but not limited to, the Minister or Parliament taking remedial action to ensure the Commission fulfills its duties.