NATIONAL DEBT SINKING FUND.
No. 3 of 1925.
An Act to amend the National Debt Sinking Fund Act 1923–1924.
[Assented to 8th July, 1925.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the National Debt Sinking Fund Act 1925.
(2.) The National Debt Sinking Fund Act 1923–1924 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the National Debt Sinking Fund Act 1923–1925.
Commencement.
2. This Act shall be deemed to have commenced on the first day of March One thousand nine hundred and twenty-five.
Payments to the Sinking Fund.
3. Section nine of the Principal Act is amended—
(a) by omitting from paragraph (c) of subsection (1.) thereof the words “or (f) of this subsection” and inserting in their stead the words “,(f), (g) or (h) of this subsection, and under section nine a of this Act”;
(b) by omitting from paragraph (e) of subsection (1.) thereof the word “and” (last occurring); and
(c) by inserting after paragraph (f) of subsection (1.) thereof the following paragraphs:—
“(g) all moneys received in respect of reparations under the Treaty of Peace with Germany; and
(h) all moneys received from the States as Sinking Fund contributions in respect of loans made by the Commonwealth to the States.”.
4. After section nine of the Principal Act the following section is inserted:—
Additional payment to the Sinking Fund.
“9a. The Treasurer may in any financial year pay out of the Consolidated Revenue Fund, which is hereby appropriated for the purpose, into the National Debt Sinking Fund such sum as he may determine in addition to those specified in the last preceding section.”.
5. Section eleven of the Principal Act is repealed and the following section is inserted in its stead:—
Appropriation of money.
“11. All moneys payable into the National Debt Sinking Fund in pursuance of subsection (1.) of section nine of this Act, excepting moneys payable in pursuance of paragraphs (d), (e), (f), (g) and (h) of that section, shall be paid out of the Consolidated Revenue Fund, which is hereby appropriated for the purpose.”.
Overview
The National Debt Sinking Fund Act 1925, assented to on 8th July 1925, was enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. This Act amended the National Debt Sinking Fund Act 1923–1924 to address issues related to the management and funding of the National Debt Sinking Fund. By amending the Principal Act, the 1925 Act sought to provide more flexibility and additional sources of funding for the Sinking Fund, thereby ensuring its continued effectiveness in managing national debt. The policy objective, as indicated in the text, is to appropriate funds from the Consolidated Revenue Fund and include additional sources such as reparations and state contributions to bolster the Sinking Fund's capacity to meet its financial obligations.
Scope and Application
The National Debt Sinking Fund Act 1925 applies to the Commonwealth of Australia and pertains to the management and funding of the National Debt Sinking Fund. This Act amends the National Debt Sinking Fund Act 1923–1924 to specify the sources of funds that can be allocated to the Sinking Fund. It applies to the Treasurer who has the authority to make payments into the Fund from the Consolidated Revenue Fund, including additional sums beyond those specified in the Act. The Act specifies that the Fund will receive payments from various sources, such as certain tax revenues, the sale of public lands, and reparations received under the Treaty of Peace with Germany, among others. Exemptions and exclusions are made for certain payments, which are to be sourced from the Consolidated Revenue Fund specifically. The Act is jurisdictional in scope, applying nationally across the Commonwealth, and its provisions can be further detailed or modified through subordinate instruments as necessary.
Key Provisions
The main sections of the National Debt Sinking Fund Act 1925 focus on amending the earlier National Debt Sinking Fund Act 1923–1924. Section 3 amends the Principal Act to modify the types of payments that must be made to the Sinking Fund, now including reparations under the Treaty of Peace with Germany and contributions from the States (subsection 1(g) and (h)). Section 4 introduces a new provision (section 9a) allowing the Treasurer to make additional payments into the Sinking Fund from the Consolidated Revenue Fund, beyond those specified in section 9 of the Principal Act. Section 5 repeals section eleven of the Principal Act and replaces it with a new appropriation clause that specifies how moneys payable into the Sinking Fund should be sourced, excluding those covered under the new subsections (d), (e), (f), (g), and (h) of section 9.
The Act imposes obligations on the Commonwealth to ensure certain funds are directed towards the Sinking Fund. Specifically, it mandates that reparations from Germany and contributions from the States must be paid into the Fund (section 3(g) and (h)). Additionally, the Treasurer is given the authority to make discretionary additional payments into the Fund from the Consolidated Revenue Fund (section 4). The Act also requires that all other payments into the Sinking Fund, except those specified under the new subsections, must come from the Consolidated Revenue Fund (section 5). These provisions ensure that the Sinking Fund receives the necessary funds to manage national debt effectively.
Breaches of the Act's requirements may have legal consequences, though specific offences and penalties are not detailed within the text. Given the nature of the Act, non-compliance could potentially lead to civil or administrative penalties, particularly if the failure to make required payments affects the Sinking Fund's ability to meet its objectives. For example, if the Treasurer does not make the additional payments authorised by section 4 or if the Commonwealth fails to provide the reparations and State contributions specified in section 3, this could result in legal action or other administrative consequences. However, the exact penalties or consequences for such breaches are not specified in the provided text.