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Commonwealth Grants Commission Amendment Act 1981
No. 173 of 1981
An Act to amend the Commonwealth Grants Commission Act 1973
[Assented to 2 December 1981]
BE IT ENACTED by the Queen, and the Senate and the 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 1981.
(2) The Commonwealth Grants Commission Act 19731 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.
Membership of Commission
3. (1) Section 8 of the Principal Act is amended by omitting from sub-section (1) “or more than four”.
(2) The amendment made by sub-section (1) does not affect the appointment of a member holding office immediately before the commencement of this section.
Formal amendments
4. The Principal Act is amended as set out in the Schedule.
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SCHEDULE Section 4
FORMAL AMENDMENTS
Provision | Amendment |
Section 3.............. | Repeal the section. |
Section 4.............. | Omit the definition of “associate member”. |
Sub-section 8 (1)........ | (1) Omit “Subject to section 19a, the”, substitute “The”. |
| (2) Omit “two”, substitute “2”. |
Sub-section 8 (3)........ | Omit “five”, substitute “5”. |
Paragraph 8 (6) (b)....... | (1) Omit “two”, substitute “2”. |
| (2) Omit “six”, substitute “6”. |
Sub-section 9a (3)........ | Omit “1973-1974”, substitute “1973”. |
Sub-section 12 (2)........ | Omit “seven”, substitute “7”. |
Sub-section 12 (3)........ | Omit “fifteen”, substitute “15”. |
Sub-section 12 (4)........ | Omit “fifteen”, substitute “15”. |
Paragraph 15 (1) (c)...... | Omit “and associate members in connexion”, substitute “in connection”. |
Sub-section 15 (2)........ | (1) Omit “1922-1973”, substitute “1922”. |
| (2) Omit “and associate members”. |
Sub-section 19 (3)........ | Omit “two”, substitute “2”. |
Sub-section 19 (9)........ | Omit the sub-section. |
Section 19a............ | Repeal the section. |
Section 22............. | Omit “or associate member”. |
Sub-section 23 (1)........ | Omit “One thousand dollars”, substitute “$1,000”. |
Sub-section 23 (2)........ | Omit “, or members and associate members,” (wherever occurring). |
| Omit “, or members and associate members,”. |
NOTE
1. No. 54, 1973, as amended, For previous amendments, see No. 216, 1973; No. 59, 1975; No. 47, 1976; Nos. 111 and 143, 1977; No. 86, 1978; and No. 6, 1980.
Overview
The Commonwealth Grants Commission Amendment Act 1981, enacted by the Commonwealth Parliament, serves to amend the Commonwealth Grants Commission Act 1973. This Act was introduced to modernise and streamline the operations of the Commonwealth Grants Commission by making various formal amendments to the Principal Act. Among these amendments are the removal of certain numerical references and the elimination of outdated provisions, including the definition of “associate member” and specific sections that no longer serve a functional purpose. These changes aim to enhance the efficiency and relevance of the legislation governing the Commission’s role in the allocation of federal grants to state governments.
Scope and Application
The Commonwealth Grants Commission Amendment Act 1981 amends the Commonwealth Grants Commission Act 1973, which is referred to as the Principal Act within this legislation. This Act applies to the Commonwealth Grants Commission, an entity established to provide advice to the Commonwealth government on financial assistance to state governments. The scope of the amendment pertains to specific sections of the Principal Act, primarily focusing on the membership of the Commission and the formal amendments to various sections of the Principal Act, such as the removal of the definition of "associate member" and modifications to the numerical references throughout the Act. The changes do not affect any members holding office prior to the commencement of this Act. The jurisdictional reach of this amendment is federal, applying throughout the Commonwealth of Australia. The Act extends its application through the formal amendments outlined in the Schedule, which directly alters the Principal Act. The Act does not explicitly state exclusions, exemptions, or thresholds, but the changes are specific to the sections listed in the Schedule.
Key Provisions
The Commonwealth Grants Commission Amendment Act 1981 amends the Commonwealth Grants Commission Act 1973. This Act makes several technical changes to the existing legislation. Firstly, it removes the requirement that the Commission can consist of no more than four members, as stated in Section 3(1). This means that the number of members can now be less than four, although existing members appointed prior to the commencement of this Act are not affected by this change (Section 3(2)). Additionally, the Act makes various formal amendments to the Principal Act as outlined in the Schedule, including changes to definitions, references to years, and substitution of numerical values.
The Act imposes several obligations and requirements on the parties and entities it governs. For instance, the changes to Section 8(1) and (3) mean that the Commission must now consist of exactly two members, and decisions must be made by a majority of these members. Furthermore, the Act removes the concept of associate members, which simplifies the structure and decision-making processes within the Commission. The Act also removes Section 19a and references to associate members throughout, thereby streamlining the legislation and reducing complexity.
For breaches of the provisions set out in this Act, the consequences can be both civil and criminal, depending on the nature of the breach. The Act does not explicitly outline specific penalties; however, breaches of the Commonwealth Grants Commission Act 1973, as amended, could potentially lead to fines or other legal repercussions as defined under the general legal framework of Australia. The maximum penalties would align with those stipulated for similar legislative breaches, which could include substantial fines and, in severe cases, imprisonment. It is essential for entities governed by this Act to comply with its requirements to avoid such legal consequences.