Organisation for Economic Co-operation and Development (Financial Support Fund) Act 1976

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Organisation for Economic Cooperation and Development (Financial Support Fund) Act 1976

Act No. 86 of 1976 as amended

[Note: This Act is repealed by Act No. 13 of 1995]

This compilation was prepared on 22 April 2004
taking into account amendments up to Act No. 13 of 1995

Prepared by the Office of Legislative Drafting,
AttorneyGeneral’s Department, Canberra

 

 

 

Contents

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Interpretation

4 Ratification of Agreement

5 Treasurer may give undertakings

6 Payments out of Consolidated Revenue Fund or Loan Fund

7 Authority to borrow

8 Reimbursement of Consolidated Revenue Fund from Loan Fund

9 Issue of securities

10 Appropriation

Notes

 

An Act relating to the Agreement establishing a Financial Support Fund of the Organisation for Economic Cooperation and Development

1  Short title [see Note 1]

  This Act may be cited as the Organisation for Economic Cooperation and Development (Financial Support Fund) Act 1976.

2  Commencement [see Note 1]

 (1) Sections 1, 2, 3 and 4 shall come into operation on the day on which this Act receives the Royal Assent.

 (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation, being a date not earlier than the date on which the Agreement enters into force for Australia.

3  Interpretation

  In this Act:

Agreement means the Agreement establishing a Financial Support Fund of the Organisation for Economic Co-operation and Development that was opened for signature, and was signed on behalf of Australia, at Paris on 9 April 1975.

Fund means the Financial Support Fund established by the Agreement.

4  Ratification of Agreement

  Approval is given to ratification of the Agreement by Australia.

5  Treasurer may give undertakings

  The Treasurer may, on behalf of Australia, give such undertakings as are from time to time required or permitted to be given by Australia in pursuance of the Agreement.

6  Payments out of Consolidated Revenue Fund or Loan Fund

 (1) Payments by Australia:

 (a) in pursuance of the Agreement;

 (b) in respect of costs or expenses incurred in connexion with anything done by Australia for the purposes of the Agreement, including the borrowing of moneys for those purposes; and

 (c) for redeeming securities issued under section 9, may be made out of the Consolidated Revenue Fund or the Loan Fund.

 (2) In this section, a reference to the Agreement includes a reference to undertakings or other obligations arising under the Agreement.

7  Authority to borrow

  The Treasurer may, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow such amounts as are necessary for the purpose of making payments referred to in section 6 and payments under subsection 8(1), and moneys so borrowed shall be issued and applied only for those purposes.

8  Reimbursement of Consolidated Revenue Fund from Loan Fund

 (1) Where an amount has been paid out of the Consolidated Revenue Fund under this Act, the Treasurer may authorize the payment to that Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

 (2) In any statement of the receipts and expenditure, or of the expenditure, of the Consolidated Revenue Fund prepared by the Treasurer under section 49 or 50 of the Audit Act 1901, amounts paid to the Consolidated Revenue Fund under subsection (1) shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act.

 (3) Where there has been a payment from the Loan Fund to the Consolidated Revenue Fund under subsection (1) in respect of an amount paid out of the Consolidated Revenue Fund under this Act, the amount so paid out of the Consolidated Revenue Fund shall, for the purposes of sections 9 and 10 of the National Debt Sinking Fund Act 1966, be deemed to have been paid out of the Loan Fund.

9  Issue of securities

 (1) To the extent to which the fund is prepared to accept from Australia, in place of any payment referred to in paragraph 6(1)(a), notes or other obligations issued by Australia, the GovernorGeneral may authorize the issue of securities.

 (2) Securities so issued:

 (a) shall be payable to the Fund;

 (b) shall be non-negotiable and non-interest bearing; and

 (c) shall be payable at their par value on demand.

10  Appropriation

  The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.

Notes to the Organisation for Economic Co-operation and Development (Financial Support Fund) Act 1976

Note 1

The Organisation for Economic Cooperation and Development (Financial Support Fund) Act 1976 as shown in this compilation comprises Act No. 86, 1976 amended as indicated in the Tables below.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Organisation for Economic Cooperation and Development (Financial Support Fund) Act 1976

86, 1976

25 Aug 1976

Ss. 1–4: Royal Assent
Remainder: (a)

 

Administrative Changes (Consequential Provisions) Act 1978

36, 1978

12 June 1978

12 June 1978 (b)

S. 8(2)

National Debt Sinking Fund Repeal Act 1994

107, 1994

5 July 1994

(c)

Organisation for Economic Co-operation and Development (Financial Support Fund) Repeal Act 1995

13, 1995

28 Mar 1995

28 Mar 1995

(a) Sections 5–10 were repealed before a date was fixed for their commencement.

(b) The proposed amendments made by the Administrative Changes (Consequential Provisions) Act 1978 to section 8 were not incorporated in this compilation because the Organisation for Economic Cooperation and Development (Financial Support Fund) Act 1976 was repealed before section 8 commenced.

(c) Section 2 of the National Debt Sinking Fund Repeal Act 1994 provides as follows:

 2 This Act commences immediately after the Financial Agreement Act 1994 commences.

 The Financial Agreement Act 1994 came into operation on 1 July 1995 (see Gazette 1995, No. S218).

 The proposed amendments made by the National Debt Sinking Fund Repeal Act 1994 to section 8 were not incorporated in this compilation because the Organisation for Economic Cooperation and Development (Financial Support Fund) Act 1976 was repealed before section 8 commenced.

 

 

Overview

The Organisation for Economic Co‑operation and Development (Financial Support Fund) Act 1976 was enacted to facilitate Australia's participation in the Financial Support Fund established by the Organisation for Economic Co‑operation and Development (OECD). This Act was introduced to enable Australia to ratify the Agreement establishing the Financial Support Fund, thereby providing a mechanism for the country to contribute to and benefit from the collective economic support initiatives of the OECD. Enacted by the Parliament of Australia, the policy objective of this Act was to formalise Australia's commitment to the OECD's financial mechanisms, ensuring alignment with international economic cooperation efforts. However, it should be noted that this Act has since been repealed by the Organisation for Economic Co-operation and Development (Financial Support Fund) Repeal Act 1995.

Scope and Application

The Organisation for Economic Co‑operation and Development (Financial Support Fund) Act 1976 pertains to the ratification and implementation of the Agreement establishing a Financial Support Fund of the Organisation for Economic Co‑operation and Development (OECD), which was signed on behalf of Australia on 9 April 1975. The Act authorises the Australian Treasurer to give undertakings and make payments out of the Consolidated Revenue Fund or the Loan Fund for the purposes of the Agreement, including for costs or expenses incurred in connection with activities related to the Agreement, as well as for redeeming issued securities. Additionally, it grants the Treasurer authority to borrow funds and issue securities in accordance with the Commonwealth Inscribed Stock Act 1911 or the provisions of an Act authorizing the issue of Treasury Bills. The Act was repealed by the Organisation for Economic Co-operation and Development (Financial Support Fund) Repeal Act 1995, and its provisions were never fully commenced, with only sections 1, 2, 3, and 4 coming into operation upon Royal Assent. The remaining provisions were to commence on a date fixed by Proclamation, but this did not occur before the Act was repealed.

Key Provisions

The Organisation for Economic Co-operation and Development (Financial Support Fund) Act 1976 (Act) outlines the legal framework for Australia’s participation in a Financial Support Fund established by the Organisation for Economic Co-operation and Development (OECD). Section 4 of the Act provides for the ratification of the Agreement establishing the Financial Support Fund, which was signed on behalf of Australia on 9 April 1975. The Act authorizes the Treasurer to give undertakings and make payments (section 6) out of the Consolidated Revenue Fund or the Loan Fund, including for costs and expenses incurred in connection with the Agreement, and for redeeming securities issued under section 9. The Treasurer is also empowered to borrow funds (section 7) for these purposes, subject to certain conditions, and to reimburse the Consolidated Revenue Fund from the Loan Fund (section 8). Additionally, the Governor-General may authorize the issue of securities (section 9) to the Fund in lieu of cash payments. The Act imposes several obligations on the parties involved. The Treasurer must ensure that payments made in pursuance of the Agreement are appropriately sourced, either from the Consolidated Revenue Fund or the Loan Fund, and that any borrowings are used solely for the purposes specified in the Act (section 6). The Treasurer is also responsible for reimbursing the Consolidated Revenue Fund from the Loan Fund where applicable (section 8). Moreover, the Act requires that the Consolidated Revenue Fund and the Loan Fund be appropriated as necessary to meet the obligations under the Act (section 10). Breach of the obligations or requirements set out in the Act may lead to various consequences. Although the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches, it is implied that non-compliance could result in financial mismanagement or improper use of public funds, which could be subject to scrutiny under broader financial and administrative laws. The penalties for such breaches would typically be determined by the applicable provisions of other relevant legislation, such as the Public Service Act 1999 or the Criminal Code Act 1995, and could include fines or imprisonment depending on the severity of the breach.

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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.