Housing Assistance Amendment Act 1992
No. 202 of 1992
An Act to amend the Housing Assistance Act 1989
[Assented to 21 December 1992]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Housing Assistance Amendment Act 1992.
(2) In this Act, “Principal Act” means the Housing Assistance Act 19891.
Commencement
2. This Act commences on the day on which it receives the Royal Assent.
Interpretation
3. Section 3 of the Principal Act is amended by omitting “Agreement” from the definition of “1984 Act” and substituting “Assistance”.
Principal appropriation
4. Section 7 of the Principal Act is amended:
(a) by omitting from subsection (3) “, third and fourth” and substituting “and third”;
(b) by inserting after subsection (3) the following subsection:
“(3A) For the purpose of making payments under this Act, the Consolidated Revenue Fund is appropriated in the following amounts:
(a) $1,059,200,000 in respect of the fourth grant year;
(b) $1,080,890,000 in respect of the fifth grant year;
(c) $1,010,641,000 in respect of the sixth grant year;
(d) $1,017,863,000 in respect of the seventh grant year.”.
5. The Principal Act is amended by inserting after section 7 the following section:
Commonwealth funds to be carried forward
“7A.(1) If the amount of a grant in respect of the fourth, fifth, sixth or seventh grant year has not been fully paid to a State in that grant year, the Minister may, after consulting with the State Minister, determine that the amount remaining unpaid, or part of it, is to be carried over for payment to the State in the next grant year.
“(2) If a determination is made under subsection (1) in respect of the fourth, fifth or sixth grant year, section 7 has effect as if the amount specified in paragraph (3A)(b), (c) or (d), as the case requires, were increased by the amount to be carried over.”.
Allocation among the States of untied grants after first grant year
6. Section 13 of the Principal Act is amended:
(a) by omitting paragraph (1)(b) and substituting the following paragraph:
“(b) except for the purposes of subsection (5A), the Australian Capital Territory is not to be taken to be a State before 1 July 1993.”;
(b) by inserting after subsection (5) the following subsections:
“(5A) In the fourth grant year not more than $75,000,000 may be allocated to such of the States as the Minister considers appropriate, having regard to proposals for employment generation in the housing industry submitted by State Ministers.
“(5B) In the fifth grant year not more than $25,000,000 may be allocated to such of the States as the Minister considers appropriate, having regard to proposals for employment generation in the housing industry submitted by State Ministers.”;
(c) by omitting from subsection (7) “The balance” and substituting “Subject to subsection (7B), the balance”;
(d) by inserting after subsection (7) the following subsections:
“(7A) If the operation of subsection (5A) or (5B) has resulted in a State gaining, in respect of the fourth or fifth grant year, a smaller or larger share of untied grants than the share to which it would otherwise have been entitled, subsection (7B) applies to that State.
“(7B) The Minister is to ensure that the allocation of untied grants in respect of the sixth and seventh grant years is such as to ensure that the total amount of untied grants allocated to a State to which this subsection applies in respect of the fourth, fifth, sixth and seventh grant years is as nearly as practicable what it would have been if subsections (5A) and (5B) had not operated.”.
Grants to be matched by State
7. Section 15 of the Principal Act is amended by adding at the end the following subsection:
“(4) For the purposes of any provision of a housing agreement relating to the provision of matching funds by a State:
(a) the total of the amounts received by the State under subsections 13(5A) and (5B) is to be taken to be allocated in equal amounts in respect of the sixth and seventh grant years; and
(b) if:
(i) the amount of a grant has not been fully paid to a State in a grant year; and
(ii) the Minister, under subsection 7A(1), has determined that the amount remaining unpaid, or part of it, is to be carried over;
the amount of the grant is taken to be reduced by the amount remaining unpaid and the amount allocated to the State in respect of the next grant year is taken to be increased by the amount carried over.”.
NOTE
1. No. 7, 1990.
[Minister’s second reading speech made in—
House of Representatives on 4 November 1992
Senate on 10 November 1992]
Overview
The Housing Assistance Amendment Act 1992 was enacted by the Parliament of Australia to address gaps in the Housing Assistance Act 1989 by providing further amendments to housing assistance. This Act focuses on adjusting the allocation of grants to the states to support housing initiatives while ensuring that any shortfalls in funding from prior years are addressed. It also introduces provisions for carrying forward unutilised grants to subsequent years to maintain the flow of funding for housing projects. The overarching policy objective of this legislation is to provide continued financial support for housing assistance programs, ensuring that states can effectively manage and implement housing initiatives, particularly those aimed at generating employment within the housing industry.
The Act makes several amendments to the Principal Act, including changes to the appropriation of funds for specific grant years, allowing for the carryover of unutilised grants to subsequent years, and adjusting the allocation of untied grants among the states. This is achieved by amending the Principal Act to increase the funding for certain grant years, allowing for the reallocation of funds if states do not fully utilise their grants, and ensuring that any discrepancies in grant allocations over multiple years are balanced out. The Act also modifies the criteria for the allocation of grants to better support employment generation initiatives within the housing sector.
Scope and Application
The Housing Assistance Amendment Act 1992 amends the Housing Assistance Act 1989, which primarily concerns the allocation and administration of housing assistance grants. The Act applies to the Commonwealth and the states of Australia, with specific provisions for the allocation of funds based on proposals for employment generation in the housing industry submitted by state ministers. It does not apply to the Australian Capital Territory before 1 July 1993, except for the purposes of a specific subsection. The Act appropriates funds from the Consolidated Revenue Fund for the purpose of making payments under the Principal Act, with specific amounts allocated for the fourth to seventh grant years. Additionally, the Act allows for the carryover of unutilised funds from one grant year to the next, with adjustments made to ensure equitable distribution over the four-year period. The Act also mandates that grants provided under certain subsections are to be matched by state contributions and includes provisions to ensure that any disparities in allocation due to specific grant provisions are rectified over the long term.
Key Provisions
The Housing Assistance Amendment Act 1992 (No. 202 of 1992) amends the Housing Assistance Act 1989, with key changes introduced in sections 3, 4, 5, 6, and 7. Section 3 amends the definition of "1984 Act" in the Principal Act by replacing "Agreement" with "Assistance". Section 4 revises the appropriation of funds, omitting certain references and inserting new subsections to specify the amounts appropriated for the fourth to seventh grant years. Section 5 introduces a new section 7A that allows the Minister to carry forward unpaid grants to the next grant year, after consulting with the State Minister. Section 6 modifies the allocation of untied grants among the states, introducing new subsections 5A and 5B for specific allocations in the fourth and fifth grant years and subsections 7A and 7B to adjust allocations in subsequent years to balance out any disparities caused by the new allocations. Section 7 adds a new subsection 4 to section 15, clarifying how amounts received under subsections 5A and 5B are allocated and adjusted if a grant is carried over to the next year.
The Act imposes several obligations on the Minister and the State Ministers. The Minister must consult with the State Minister before carrying forward unpaid grants and must ensure that the total allocation of untied grants over four years is as equitable as possible. State Ministers are required to submit proposals for employment generation in the housing industry, which the Minister considers when allocating funds under subsections 5A and 5B. Additionally, State Ministers must match the grants received under the Act.
Breaches of the Act may lead to various civil and criminal consequences. While specific offences and penalties are not detailed in the provided text, it is reasonable to infer that failing to comply with the Act's provisions could result in legal action. This might include the Minister facing administrative challenges for improper allocation or failure to consult, while State Ministers might face penalties for not matching the grants as required. The Act does not specify maximum penalties, but they could potentially include fines or other civil remedies, depending on the nature of the breach.