States Grants (Aboriginal Advancement)
No. 155 of 1968
An Act to grant Financial Assistance to the States in connexion with the Welfare and Advancement of the Aboriginal People of Australia.
[Assented to 10 December 1968]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the States Grants (Aboriginal Advancement) Act 1968.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Grants or financial assistance to States.
3.—(1.) There is payable, during the year that commenced on the first day of July, One thousand nine hundred and sixty-eight, to each State, for the purpose of financial assistance in connexion with the welfare and advancement of the Aboriginal people of Australia living in that State, such amounts as the Minister determines not exceeding in the whole the amount specified in the Schedule to this Act opposite to the name of that State.
(2.) Payment of an amount to a State under this section is subject to the following conditions:—
(a) that an amount equal to that amount will be applied by the State, in a manner and within a time approved by the Minister, for the purposes of expenditure in connexion with the welfare or advancement of Aboriginal people of Australia living in that State; and
(b) that, if the Minister informs the State that he is satisfied that an amount equal to that amount has not been applied in accordance with the condition specified in the last preceding paragraph, the State will repay that amount to the Commonwealth.
Additional grant of financial assistance to Queensland.
4.—(1.) In addition to the amount payable to the State of Queensland under the last preceding section, there is payable, during the year that commenced on the first day of July, One thousand nine hundred and sixty-eight, to that State, for the purpose of financial assistance in connexion with the welfare and advancement of the Aboriginal people of Australia living at Bamaga in that State, such amounts as the Minister determines not exceeding in the whole Three hundred and fifty thousand dollars.
(2.) Payment of an amount to the State of Queensland under this section is subject to the following conditions:—
(a) that an amount equal to that amount will be applied by the State, in a manner and within a time approved by the Minister, for the purposes of expenditure in connexion with irrigation and associated works at Bamaga in that State; and
(b) that, in accordance with terms and conditions agreed upon between the Commonwealth and the State before that amount is paid, the State will repay that amount to the Commonwealth and will pay interest to the Commonwealth on so much of that amount as has not been repaid.
Payments to be made out of Trust Account.
5. A payment to a State in pursuance of this Act shall be made out of the Aboriginal Advancement Trust Account established under section 62a of the Audit Act 1901-1966.
Certain payments by Queensland to be paid into Commonwealth Capital Fund for Aboriginal Enterprises.
6. Moneys paid to the Commonwealth by the State of Queensland in pursuance of paragraph (b) of sub-section (2.) of section 4 of this Act shall be paid into the Commonwealth Capital Fund for Aboriginal Enterprises established under section 4 of the Aboriginal Enterprises (Assistance) Act 1968.
THE SCHEDULE Section 3.
| $ |
New South Wales............................... | 775,000 |
Victoria...................................... | 225,000 |
Queensland................................... | 1,450,000 |
South Australia................................. | 350,000 |
Western Australia............................... | 825,000 |
Tasmania..................................... | 25,000 |
| 3,650,000 |
Overview
The States Grants (Aboriginal Advancement) Act 1968 was enacted to address the gap in welfare and advancement opportunities for Aboriginal people across Australia. This legislation, assented to on 10 December 1968 by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, aims to provide financial assistance to the states to support initiatives that improve the welfare and advancement of Aboriginal people. The Act establishes a framework where the Commonwealth grants funds to the states, with specific allocations for projects in areas such as Bamaga, Queensland, under conditions that ensure proper application and potential repayment with interest. The overarching policy objective is to facilitate better welfare and advancement for Aboriginal people through targeted financial support and collaborative efforts between the Commonwealth and the states.
Scope and Application
The States Grants (Aboriginal Advancement) Act 1968 applies to the Commonwealth of Australia and provides financial assistance to the states for the welfare and advancement of Aboriginal people. The Act stipulates that payments are to be made to each state, with an additional grant to Queensland for specific purposes related to irrigation and associated works at Bamaga. These payments are subject to conditions that the funds are applied for the intended purposes within the approved timeframes. The financial assistance is determined by the Minister and is payable out of the Aboriginal Advancement Trust Account. Any failure to meet the conditions may result in the state being required to repay the funds to the Commonwealth. The Act also allows for certain payments by Queensland to be directed into the Commonwealth Capital Fund for Aboriginal Enterprises. The Act's jurisdictional reach is national, impacting all states of Australia, with specific additional provisions for Queensland.
Key Provisions
The States Grants (Aboriginal Advancement) Act 1968 (section 3) outlines the financial assistance to be provided to each state for the welfare and advancement of Aboriginal people living within their borders. The Act specifies that the payments, which are to be made during the financial year beginning 1 July 1968, are to be determined by the Minister and are subject to a maximum amount as listed in the Schedule. For example, New South Wales is to receive up to $775,000, while Victoria is allocated up to $225,000. The payments are conditional upon the states applying these funds in a manner approved by the Minister for the specified purposes. Additionally, section 4 provides for an additional grant to Queensland for specific irrigation and associated works at Bamaga, up to $350,000. These payments must also be used in accordance with terms agreed upon with the Commonwealth and are repayable with interest.
The Act imposes certain obligations on the states receiving these grants. For one, they must ensure that the funds are used for the welfare and advancement of Aboriginal people as specified by the Minister (section 3(2)(a)). Additionally, if the Minister determines that the funds have not been used as intended, the state is obligated to repay the amount to the Commonwealth (section 3(2)(b)). For Queensland, the obligation extends to repaying the additional grant with interest if the funds are not used as per the agreed terms (section 4(2)(b)).
Failure to comply with the conditions outlined in the Act can lead to various consequences. Under section 3(2)(b), if a state fails to use the funds as intended, they are required to repay the amount to the Commonwealth. Section 4(2)(b) further stipulates that Queensland must repay the additional grant along with interest if it does not meet the agreed terms. While the Act does not explicitly state penalties for non-compliance, the obligation to repay the funds effectively serves as a deterrent. The seriousness of such breaches may also be subject to further legal action under the relevant financial and administrative laws.