NEW SOUTH WALES FLOOD RELIEF ACT
1974
No. 14 of 1974
An Act to provide Assistance in relation to the Alleviation of the effects of certain Floods in the State of New South Wales.
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title.
1. This Act may be cited as the New South Wales Flood Relief Act 1974.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Interpretation.
3. (1) In this Act—
“floods” means the floods that occurred in the State during the months of January, February and March 1974;
“State” means the State of New South Wales.
(2) A reference in this Act to the cost to the State of measures taken for the purpose of alleviating the effects of the floods includes a reference to the amount of loans made for that purpose by the State or out of moneys provided by the State.
Financial assistance.
4. (1) The Treasurer may, at any time before 1 July 1976, authorize the payment to the State, by way of financial assistance, of amounts not exceeding in the aggregate so much of the cost to the State of measures taken for the purpose of alleviating the effects of the floods as does not exceed the moneys appropriated by this Act and any other Act for the purpose of payments under this Act.
(2) Amounts paid by Australia to the State, in relation to the floods, before the commencement of this Act shall, for the purpose of this Act, be deemed to have been paid under this Act.
Appropriation.
5. The Consolidated Revenue Fund is appropriated, to the extent of $5,500,000, for the purpose of payments, including advances, under this Act.
Conditions.
6. (1) Payment of an amount (including an advance) to the State under this Act is subject to such conditions, if any, as the Treasurer determines.
(2) The conditions that may be determined by the Treasurer under sub-section (1) may include a condition as to repayment of the whole or part of the amount.
Advances.
7. The Treasurer may, at such times as he thinks fit, out of moneys lawfully available, make advances to the State of such amounts as he thinks fit on account of an amount that may become payable under this Act.
Overview
The New South Wales Flood Relief Act 1974 was enacted to address the urgent need for financial assistance to alleviate the effects of the severe floods that impacted the State of New South Wales during January, February, and March of 1974. This Act was passed by the Queen, in Parliament, as a response to the immediate and extensive damage caused by these floods. The primary policy objective of the Act is to provide financial aid to the State for the measures taken to mitigate the effects of the disaster, ensuring that the necessary resources are available to facilitate recovery and rebuilding efforts. By authorising payments up to a specified limit and appropriating funds from the Consolidated Revenue Fund, the Act aims to support the State in managing the aftermath of the floods effectively.
Scope and Application
The New South Wales Flood Relief Act 1974 applies to the specific floods that occurred in the State of New South Wales during the months of January, February, and March 1974. This Act provides the framework for financial assistance to alleviate the effects of these floods, with the primary focus on the State of New South Wales. The Act authorises the Treasurer to provide financial assistance to the State, up to the aggregate limit of the costs incurred for flood alleviation, not exceeding the moneys appropriated by this Act and any other applicable Act. The Act also allows for the appropriation of funds from the Consolidated Revenue Fund, in this instance, $5,500,000, to facilitate payments under this Act. Any payments made to the State are subject to any conditions the Treasurer may determine, which can include conditions regarding repayment of the whole or part of the amount. Additionally, the Treasurer has the authority to make advances to the State from lawfully available funds, as deemed necessary for the purposes of this Act. The Act does not explicitly state any exclusions, exemptions, or thresholds, nor does it mention the extension or restriction of application through subordinate instruments.
Key Provisions
The New South Wales Flood Relief Act 1974 (NSW) establishes the framework for financial assistance to the State of New South Wales to alleviate the effects of floods that occurred in January, February, and March 1974. The Act allows the Treasurer to authorize payments to the State up until 1 July 1976 (Section 4(1)). These payments must not exceed the aggregate amount of the costs incurred by the State for flood alleviation measures, provided that this amount does not surpass the funds appropriated by this Act and any other relevant Acts (Section 4(1)). Any financial assistance already provided by Australia to New South Wales before the commencement of this Act is considered as having been paid under this Act (Section 4(2)).
The obligations under this Act primarily rest on the Treasurer, who is tasked with determining the conditions for any payments made to the State (Section 6(1)). These conditions may include requirements for the repayment of all or part of the amounts paid (Section 6(2)). The Treasurer also has the authority to make advances to the State from lawfully available funds to cover amounts that may become payable under this Act (Section 7).
The Act imposes certain civil and financial consequences for non-compliance with its provisions. However, the specific offences, penalties, and consequences for breach are not detailed within the provided sections. The Act does, however, allocate $5,500,000 from the Consolidated Revenue Fund for payments under this Act, including advances (Section 5). This appropriation underscores the seriousness with which the Act treats the financial obligations and commitments made under its provisions.