Loan Act 1984

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Loan Act 1984

No. 94 of 1984

 

An Act to authorize the borrowing and expending of moneys for certain purposes

[Assented to 21 September 1984]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Loan Act 1984.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

PART II—BORROWING AND EXPENDING OF MONEYS FOR DEFENCE PURPOSES

Authority to borrow

3. The Treasurer may, from time to time during the financial year ending on 30 June 1985, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911 or an Act authorizing the issue of Treasury Bills, borrow moneys that, together with any moneys previously borrowed under this section, do not exceed the sum of—

(a) the total of the amounts authorized to be expended, after the commencement of this Act and before the end of that financial year, for services specified under the headings DEPARTMENT OF DEFENCE and DEPARTMENT OF DEFENCE SUPPORT in—

(i) the Supply Act (No. 1) 1984-85; and

(ii) each other Act, whether passed before or after the commencement of this Act, appropriating the Consolidated Revenue Fund for the service of that financial year, being an Act that is expressed to have effect subject to this Act; and

(b) the expenses of borrowing.

Application of moneys borrowed under section 3

4. Moneys borrowed under section 3 may be issued and expended for—

(a) services referred to in paragraph 3 (a); and

(b) the expenses of borrowing,

and not otherwise.

PART III—SUPPLEMENTATION OF THE CONSOLIDATED REVENUE FUND

Authority to borrow

5. The Treasurer may, from time to time during the financial year ending on 30 June 1985, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911 or an Act authorizing the issue of Treasury Bills, borrow moneys that, together with any moneys previously borrowed under this section, do not exceed the sum of—

(a) the amount that, at the time of the borrowing, the Treasurer considers to be the greatest amount by which the moneys lawfully available, apart from this Part, for expenditure from the Consolidated Revenue Fund in that financial year are likely to be less than the amount of the expenditure made, and to be made, from the Consolidated Revenue Fund in that financial year; and

(b) the amount that, at that time, the Treasurer considers will be the expenses of the borrowing.

Application of moneys borrowed under section 5

6. Moneys borrowed under section 5 may be issued and expended—

(a) in making payments to the credit of the Consolidated Revenue Fund; and

(b) for the expenses of borrowing,

and not otherwise.

PART IV—MISCELLANEOUS

Appropriation

7. The Loan Fund is appropriated to the extent necessary for the purposes of this Act.

Limitation of expenditure

8. (1) Nothing in this Act, or in an Act referred to in paragraph 3 (a), shall be taken to authorize the expenditure for a service referred to in that paragraph of an amount the expenditure of which would result in the total expenditure for that service under this Act and the Acts referred to in that paragraph exceeding the total of the amounts authorized by the Acts referred to in that paragraph to be expended in respect of that service.

(2) Sub-section (1) does not affect the expenditure of moneys appropriated under the heading ADVANCE TO THE MINISTER FOR FINANCE in an Act referred to in paragraph 3 (a).

(3) Nothing in this Act shall be taken to authorize expenditure (otherwise than for the expenses of borrowing) after 30 June 1985.

Overview

The Loan Act 1984, enacted by the Queen, the Senate and the House of Representatives of the Commonwealth of Australia, was introduced to address the need for authorised borrowing and expenditure for specific purposes during the financial year ending on 30 June 1985. The Act empowers the Treasurer to borrow moneys for services specified under the headings "DEPARTMENT OF DEFENCE" and "DEPARTMENT OF DEFENCE SUPPORT," as well as for supplementing the Consolidated Revenue Fund, in accordance with the Commonwealth Inscribed Stock Act 1911 or an Act authorizing the issue of Treasury Bills. The borrowed moneys are to be used strictly for the services and purposes specified within the Act and not otherwise. The policy objective is to ensure that the borrowed funds are applied in a controlled manner, ensuring the expenditure does not exceed authorised limits and is not extended beyond the specified financial year.

Scope and Application

The Loan Act 1984 authorises the Treasurer to borrow moneys for specific purposes, primarily for defence and to supplement the Consolidated Revenue Fund, during the financial year ending on 30 June 1985. The borrowing authority is limited to amounts necessary for specified defence services, as outlined in the Supply Act (No. 1) 1984-85 and other appropriations acts for that financial year, and the expenses associated with the borrowing itself. Additionally, the Treasurer can borrow funds to cover any shortfall in the Consolidated Revenue Fund for that financial year, again subject to the expenses of borrowing. The borrowed moneys can only be used for the purposes specified in the Act and not otherwise. The Act also stipulates that no expenditure beyond the authorised amounts or after 30 June 1985 is permitted, except for certain advances to the Minister for Finance. The Act applies to the Commonwealth of Australia, providing a legal framework for the specified borrowing activities.

Key Provisions

The Loan Act 1984 (section 3) authorises the Treasurer to borrow moneys, during the financial year ending on 30 June 1985, for services specified under the headings "DEPARTMENT OF DEFENCE" and "DEPARTMENT OF DEFENCE SUPPORT" in the Supply Act (No. 1) 1984-85 and any other Act appropriating the Consolidated Revenue Fund for the service of that financial year, provided the total borrowed does not exceed the authorised expenditure amounts plus the expenses of borrowing. These borrowed funds (section 4) can only be used for the specified services and the expenses of borrowing, and not for any other purpose. Under the Loan Act 1984, the Treasurer has the authority to borrow moneys (section 5) to supplement the Consolidated Revenue Fund, provided the total borrowed does not exceed the amount by which the available funds are likely to be less than the expenditure for the financial year, plus the expenses of borrowing. The borrowed funds (section 6) can only be used to make payments to the credit of the Consolidated Revenue Fund and for the expenses of borrowing, and not for any other purpose. The Loan Act 1984 also includes provisions (section 8) that restrict the expenditure for services specified under the headings "DEPARTMENT OF DEFENCE" and "DEPARTMENT OF DEFENCE SUPPORT" to the amounts authorised by the relevant Acts. This limitation does not affect expenditure for an advance to the Minister for Finance, and expenditure (other than for the expenses of borrowing) is not permitted after 30 June 1985. The Loan Act 1984 does not specify any offences, penalties, or civil/criminal consequences for breach. However, any breach of the borrowing and expenditure limits may result in the invalidity of the expenditure under the relevant Acts, and the Treasurer may be held accountable for any mismanagement of public funds.

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Area of Law
Finance & Banking Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Limitation of Expenditure

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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.