Local Government (Financial Assistance) (Final Factor for 2022-23 and Estimated Factor for 2023-24) Determination 2023

Local Government (Financial Assistance) (Final Factor for 2022-23 and Estimated Factor for 2023-24) Determination 2023

made under the Local Government (Financial Assistance) Act 1995

Compilation No. 1

Compilation date: 25 February 2025

Includes amendments: Treasury Laws Amendment (Miscellaneous and Technical Amendments No. 1) Instrument 2025

Prepared by The Treasury

About this compilation

This compilation

This is a compilation of the Local Government (Financial Assistance) (Final Factor for 2022-23 and Estimated Factor for 2023-24) Determination 2023 that shows the text of the law as amended and in force on 25 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1  Name 

3  Authority

4  Definitions

Part 2—Final factor for the year 2022-23

5  Determination of final factor for 2022-23

6  How the final factor was worked out

Part 3—Estimated factor for the year 2023-24

7  Determination of estimated factor for 2023-24

8  How the estimated factor has been worked out

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Local Government (Financial Assistance) (Final Factor for 2022-23 and Estimated Factor for 2023-24) Determination 2023.

3  Authority

  This instrument is made under the Local Government (Financial Assistance) Act 1995.

4  Definitions

Note: Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Local Government (Financial Assistance) Act 1995 as in force from time to time.

  In this instrument:

the Act means the Local Government (Financial Assistance) Act 1995.

Part 2—Final factor for the year 2022-23

5  Determination of final factor for 2022-23

  For the purposes of subsection 8(1) of the Act, the factor in relation to the 2022‑23 year is 1.1173.

6  How the final factor was worked out

 (1) Under subsection 8(1) of the Act, the factor in relation to the 2022‑23 year is to be worked out by applying the formula set out in paragraph 8(1)(a) of the Act and then adjusting the result under whichever of paragraphs 8(1)(b) and (c) of the Act are applicable.

Paragraph 8(1)(a) formula

 (2) The factor calculated under paragraph 8(1)(a) of the Act is as follows:

Note 1: Under section 4A, the Statistician made the estimate of the population of Australia as at 31 December 2021 on 15 June 2023 (published and available at www.abs.gov.au).

Note 2: Under section 4A, the Statistician made the estimate of the population of Australia as at 31 December 2020 on 28 June 2022 (published and available at www.abs.gov.au).

Note 3: The formula uses the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published on 26 April 2023 by the Statistician in respect of the 2023 March quarter (published and available at www.abs.gov.au).

Note 4: The formula uses the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published on 27 April 2022 by the Statistician in respect of the 2022 March quarter (published and available at www.abs.gov.au).

Paragraph 8(1)(b) modification

 (3) The result of subsection (2) was modified by increasing the factor by 0.0001 under paragraph 8(1)(b) of the Act as the fifth decimal place was greater than 4.

Paragraph 8(1)(c) modification

 (4) The result of subsection (3) was modified under paragraph 8(1)(c) of the Act as a result of special circumstances, being the need to account for the Commonwealth’s decision to bring forward the first 3 quarterly payments in the 2022-23 year into the 2021-22 year and all of the payments in the 2023-24 year into the 2022-23 year.  The modification was worked out by multiplying the result of subsection (3) by the following formula:

Where:

2021-22 amount means the first 3 quarterly payments that were brought forward from the year 2022-23 to be paid in the year 2021-22.

2022-23 amount means the amount that would have been the base figure for the year 2022-23 if the Commonwealth had not decided to bring forward any quarterly payments.

2023-24 amount means all of the payments that were brought forward from the year 2023-24 to be paid in the year 2022-23.

2021-22 final entitlement means the base figure for the year 2021-22.

sub (3) factor means the result of subsection (3).

Part 3—Estimated factor for the year 2023-24

7  Determination of estimated factor for 2023-24

  For the purposes of paragraph 7(3)(b) of the Act, the estimated factor in relation to the 2023‑24 year is 0.0015.

8  How the estimated factor has been worked out

1.     Under subsection 8(1) of the Act, the factor in relation to the 2023‑24 year is to be worked out by applying the formula set out in paragraph 8(1)(a) of the Act and then adjusting the result under whichever of paragraphs 8(1)(b) and (c) of the Act are applicable.

 (2) The factor calculated under paragraph 8(1)(a) of the Act is as follows:

Note 1: Under section 4A, the Statistician made the estimate of the population of Australia as at 31 December 2022 on 15 June 2023 (published and available at www.abs.gov.au).

Note 2: Under section 4A, the Statistician made the estimate of the population of Australia as at 31 December 2021 on 15 June 2023 (published and available at www.abs.gov.au).

Note 3: The formula uses the 2023-24 Budget forecast of the Department of the Treasury of the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, in respect of the 2024 March quarter.

Note 4: The formula uses the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published on 26 April 2023 by the Statistician in respect of the 2023 March quarter (published and available at www.abs.gov.au).

Paragraph 8(1)(c) modification

 (3) The result of subsection (2) was modified under paragraph 8(1)(c) of the Act as a result of special circumstances, being the need to account for the Commonwealth’s decision to bring forward all of the payments in the 2023‑24 year into the 2022-23 year.  The modification was worked out by multiplying the result of subsection (2) by the following formula:

Where:

2022-23 amount means all of the payments that were brought forward from the year 2023-24 to be paid in the year 2022-23.

2023-24 amount means the amount that would have been the base figure for the year 2023-24 if the Commonwealth had not decided to bring forward any payments.

2022-23 final entitlement means the base figure for the year 2022-23.

sub (2) factor means the result of subsection (2).

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history