Local Government (Financial Assistance) Amendment Act 1987

Overview

The Local Government (Financial Assistance) Amendment Act 1987 is a legislative measure designed to amend the Local Government (Financial Assistance) Act 1986. Enacted by the Queen, in pursuance of the authority of the Senate and the House of Representatives of the Commonwealth of Australia, the Act was assented to on 5 June 1987. This amendment seeks to address financial management and distribution concerns within the local government framework by modifying the manner in which financial assistance is allocated to states. The policy objective is to ensure that financial assistance is distributed in a more manageable and equitable manner by requiring payments to be made in equal quarterly instalments, thereby promoting better financial planning and resource allocation for local government purposes. The Act's primary focus is on enhancing the operational efficiency of financial assistance distribution by amending section 7 of the Principal Act. The addition of subsection (11) mandates that payments to states be made in equal quarterly instalments, as far as practicable, subject to the conditions set forth in section 8. This legislative change was introduced to ensure that local governments receive their financial assistance in a more structured and predictable manner, which in turn supports better financial management and service delivery at the local level.

Scope and Application

The Local Government (Financial Assistance) Amendment Act 1987 amends the Local Government (Financial Assistance) Act 1986 to adjust the financial assistance provisions provided to local governments by the states. This Act applies to local government authorities as defined in the Principal Act, which is the Local Government (Financial Assistance) Act 1986, and it operates within the jurisdictional boundaries of Australian states and territories. The primary focus is on the financial support mechanism for local governments, modifying the method of distribution by stipulating that state entitlements be paid in equal quarterly instalments, subject to certain conditions outlined in the Principal Act. The Act does not specify any exclusions or exemptions but rather extends the application through its amendments to the Principal Act, thereby affecting how local governments receive financial assistance from the states.

Key Provisions

The Local Government (Financial Assistance) Amendment Act 1987 amends the Local Government (Financial Assistance) Act 1986 by introducing specific provisions regarding the payment of financial assistance to states. Section 3 of the Act modifies section 7 of the Principal Act to include the requirement that, as far as practicable, any financial assistance to which a state is entitled must be paid in equal quarterly instalments (section 7(11)). This change aims to ensure a more consistent and predictable flow of funds to local governments, aiding in their financial planning and management. The Act imposes obligations on the Commonwealth government to calculate and disburse the financial assistance in compliance with the specified quarterly instalments. It mandates that the assistance be distributed in a manner that adheres to the legislative intent of providing steady support to local governments. The amendment does not alter the existing mechanisms for determining the overall amount of assistance but focuses on the timing and method of its disbursement. Failure to comply with the requirements set out in the Act could potentially lead to legal repercussions. While the Act does not explicitly detail specific offences, penalties, or consequences for non-compliance, breaches of financial management regulations generally attract penalties under relevant state and federal laws. These could include fines or other financial penalties, and in severe cases, administrative or legal action might be taken against the responsible authorities. The precise penalties would be determined by the courts or relevant authorities based on the nature and extent of the breach.