Life Insurance Amendment Act 1977

Administered by Department of the Treasury

Legislation au C2004A01670 Not in force Act

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STATES GRANTS (DWELLINGS FOR PENSIONERS) AMENDMENT ACT 1977

No. 33 of 1977

An Act to amend the States Grants (Dwellings for Pensioners) Act 1974.

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 States Grants (Dwellings for Pensioners) Amendment Act 1977.

(2) The States Grants (Dwellings for Pensioners) Act 1974 is in this Act referred to as the Principal Act.

Commencement.

2. This Act shall come into operation on 1 July 1977.

Interpretation.

3. Section 3 of the Principal Act is amended—

(a) by inserting in sub-section (1), after the definition of “eligible pensioner”, the following definition:—

“‘nominated building scheme’ means a building scheme that has been specified by a State as a nominated building scheme under section 4a;”;

(b) by omitting from the definition of “period to which this Act applies” in sub-section (1) the figures “1977” and substituting the figures “1978”; and

(c) by inserting in sub-section (2), after the words “approved building scheme”, the words “or nominated building scheme”.

Approval of building schemes.

4. Section 4 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “The Minister” and substituting the words “Subject to sub-section (4), the Minister”;

(b) by omitting from sub-section (3) the words “The Minister” and substituting the words “Subject to sub-section (4), the Minister”; and

“(4) The Minister shall not exercise his powers under sub-section (1) or (3) on or after 1 July 1977.”.

5. After section 4 of the Principal Act the following section is inserted:—

Nominated building schemes.

“4a. (1) Subject to sub-section (2), a State may, before 1 July 1978, by notice in writing to the Minister containing particulars of a building scheme in connexion with the provision by the State or an authority of the State of self-contained dwellings for eligible pensioners, specify that building scheme as a nominated building scheme for the purposes of this Act.

“(2) Sub-section (1) does not apply in relation to a building scheme if the erection, alteration or extension of any building in pursuance of the scheme was begun before 1 January 1977.

“(3) A State may notify the Minister in writing of a variation of a nominated building scheme or of an approved building scheme and any such variation takes effect, for the purposes of the application of this Act in relation to the building scheme, at the time when the Minister receives notice of the variation.”.

Grants in connexion with building schemes.

6. Section 5 of the Principal Act is amended—

(a) by inserting in sub-section (1), after the words “approved building scheme”, the words “or nominated building scheme”;

(b) by omitting from the end of paragraph (b) of sub-section (5) the word “and”;

“; and (d) in the case of payments before 1 July 1978—$40,000,000.”; and

(d) by omitting from sub-section (7) the figure “3” and substituting the figure “4”.

Conditions of grant.

7. Section 6 of the Principal Act is amended—

(a) by omitting paragraph (a) and substituting the following paragraph:—

“(a) that the State will ensure that the amount of the payment is expended in connexion with the approved building scheme or nominated building scheme to which the authorization relates;”;

(b) by inserting in paragraph (b), after the words “approved building scheme”, the words “or nominated building scheme”;

(c) by inserting in paragraph (c), after the words “approved building schemes”, the words “or nominated building schemes”; and

(d) by inserting in paragraph (d), after the words “approved building scheme”, the words “or nominated building scheme”.

8. Section 7 of the Principal Act is repealed and the following section substituted:—

Adjustment of payments.

“7. Where the sum of the amounts paid to a State in pursuance of an authorization under section 5 in relation to a nominated building scheme exceeds the final cost of the scheme and the period to which this Act applies has expired, the Minister may exercise his powers under section 5 as if that period had not expired for the purpose of enabling the State to apply the amount of the excess towards meeting the cost of another nominated building scheme in the State or of carrying out a variation of any nominated building scheme in the State.”.

Schedule.

9. The Schedule to the Principal Act is repealed and the following Schedule substituted:—

SCHEDULE Section 5(4)

New South Wales..........................................	16,280,000
Victoria.................................................	10,120,000
Queensland..............................................	5,960,000
South Australia............................................	3,720,000
Western Australia..........................................	2,800,000
Tasmania................................................	1,120,000
	40,000,000

Overview

The States Grants (Dwellings for Pensioners) Amendment Act 1977 was enacted by the Commonwealth Parliament to amend the States Grants (Dwellings for Pensioners) Act 1974. This amendment Act was introduced to address the need to update and refine the eligibility criteria and financial provisions for providing self-contained dwellings for eligible pensioners. The policy objective of the amendment was to ensure that the financial support provided by the Commonwealth to the states would continue to meet the evolving needs of pensioners in relation to housing. The Act introduced the concept of "nominated building schemes" and placed certain restrictions on the Minister's approval powers for building schemes to ensure better alignment with the states' housing initiatives for pensioners. The Act also revised the conditions of the grants and adjusted the payments to reflect the updated financial allocations to the states. The amendment aimed to provide a more efficient and targeted approach to the provision of housing for pensioners by allowing states to nominate specific building schemes and by introducing measures to prevent overpayments and ensure funds were utilised effectively. The changes introduced by this Act reflect a commitment to improving the quality and availability of housing for pensioners in Australia.

Scope and Application

The States Grants (Dwellings for Pensioners) Amendment Act 1977 applies to the Commonwealth of Australia and amends the States Grants (Dwellings for Pensioners) Act 1974. It primarily focuses on providing grants for the construction, alteration, or extension of self-contained dwellings for eligible pensioners, as defined by the Principal Act. The Act applies to States and Territories within Australia, which can specify building schemes for the provision of dwellings to eligible pensioners. The Act allows for the designation of "nominated building schemes" by States, which must be notified to the Minister before 1 July 1978 and cannot relate to buildings commenced before 1 January 1977. The Minister's power to approve building schemes is restricted from 1 July 1977. The Act also outlines conditions for grants and the adjustment of payments if the amounts paid exceed the final cost of the scheme. This legislation does not include specific exclusions or exemptions but provides a clear framework for the administration and oversight of grants related to the construction of dwellings for pensioners within the specified timeframe and conditions.

Key Provisions

The primary sections of the States Grants (Dwellings for Pensioners) Amendment Act 1977 (C2004A01670) modify the States Grants (Dwellings for Pensioners) Act 1974 by introducing the concept of 'nominated building schemes' and imposing new conditions on the grant of funds. The Act amends the Principal Act to allow states to specify certain building schemes as 'nominated building schemes' (s. 4a). This is done by a written notice to the Minister detailing the scheme, provided the erection, alteration or extension of any building in pursuance of the scheme was not begun before 1 January 1977 (s. 4a(2)). The Act also outlines that any variations to these schemes must be notified to the Minister in writing, with such variations taking effect from the time the Minister receives notice (s. 4a(3)). The Act imposes specific obligations on the parties it governs. States are required to ensure that any amounts paid under an authorization relating to an approved or nominated building scheme are expended in connection with that scheme (s. 6(a)). Furthermore, the Minister is restricted from exercising certain powers under the Principal Act on or after 1 July 1977 (s. 4(4)). Additionally, any payments made before 1 July 1978 must not exceed $40,000,000 (s. 5(1)(d)). In terms of penalties and consequences for breach, the Act does not explicitly detail criminal or civil penalties for non-compliance with its provisions. However, it does provide mechanisms for the adjustment of payments where the sum paid exceeds the final cost of the scheme (s. 7). This allows the Minister to exercise powers under section 5 as if the period had not expired, enabling the State to apply the excess amount towards another nominated building scheme or a variation of an existing one. This ensures that funds are used appropriately and efficiently within the intended scope of the Act.

Area of Law: State and Territory Law
Instrument: Amending Act
Concepts: Definitions & Interpretation; Repeal & Amendment; Commencement Provisions; Conditions of Grant; Reporting & Disclosure Obligations

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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