States Grants (Aboriginal Advancement)
No. 77 of 1969
An Act to grant Financial Assistance to the States in connexion with the Welfare and Advancement of the Aboriginal People of Australia.
[Assented to 26 September 1969]
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 1969.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Grants of 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-nine, 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.
Payments to be made out of Trust Account.
4. 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 1901–1969.
THE SCHEDULE Section 3.
| $ |
New South Wales.......................... | 1,179,000 |
Victoria................................ | 347,000 |
Queensland.............................. | 2,055,000 |
South Australia........................... | 535,000 |
Western Australia.......................... | 1,255,000 |
Tasmania............................... | 39,000 |
| 5,410,000 |
Overview
The States Grants (Aboriginal Advancement) Act 1969 was enacted by the Parliament of Australia to address the need for financial assistance to support the welfare and advancement of Aboriginal people across the states. This Act was established in recognition of the significant disparities faced by Aboriginal Australians in terms of health, education, and economic opportunities. By providing financial grants to the states, the legislation aimed to empower state governments to implement programs and services that would specifically benefit Aboriginal communities. The policy objective is to facilitate the allocation of resources towards initiatives that promote the social and economic advancement of Aboriginal people, fostering greater equity and inclusion within the broader Australian society.
The Act mandates that payments be made from the Aboriginal Advancement Trust Account, established under the Audit Act 1901–1969, ensuring that the allocated funds are used exclusively for the intended purposes. The amounts specified in the Schedule are designated for each state, reflecting the varying needs and populations of Aboriginal people across Australia. This approach underscores a collaborative federal effort to support state-led initiatives, thereby enhancing the effectiveness and reach of welfare and advancement programs for Aboriginal communities.
Scope and Application
The States Grants (Aboriginal Advancement) Act 1969 provides financial assistance to the Australian states for the welfare and advancement of Aboriginal people within their jurisdictions. The Act applies to each state mentioned in the Schedule, where financial assistance is granted to support initiatives aimed at improving the welfare and advancement of Aboriginal communities. The financial assistance is to be used in accordance with the conditions set by the Minister, including the requirement for states to expend the funds on activities that align with the welfare or advancement of Aboriginal people, subject to ministerial approval. Any failure to comply with the conditions will result in a requirement for the state to repay the funds to the Commonwealth. The Act is geographically limited to the states of Australia and does not extend to territories, nor does it apply to the advancement of non-Aboriginal people or to other Indigenous groups such as Torres Strait Islanders unless they reside in one of the specified states. The payments are made from the Aboriginal Advancement Trust Account as established under the Audit Act 1901–1969. The Act does not specify exclusions or exemptions beyond its geographic and demographic focus.
Key Provisions
The States Grants (Aboriginal Advancement) Act 1969 (hereafter referred to as the "Act") primarily focuses on the provision of financial assistance to Australian states for the welfare and advancement of Aboriginal people. Section 3 of the Act outlines that grants are payable to each state for this purpose, with the exact amounts specified in the Schedule (s.3(1)). These payments are conditional on the state applying the funds in a manner and within a time approved by the Minister, for activities related to the welfare or advancement of Aboriginal people in that state (s.3(2)(a)). If the Minister determines that the funds have not been used in accordance with the approved manner and time, the state is required to repay the amount to the Commonwealth (s.3(2)(b)).
The Act imposes several obligations on the states receiving the grants. Firstly, states must use the funds in a way that is approved by the Minister, ensuring that the financial assistance provided is directed towards specific objectives aimed at the welfare and advancement of Aboriginal people (s.3(2)(a)). Additionally, the Act requires states to report back to the Minister on the use of the funds. If the Minister is not satisfied with the application of the funds, the state must repay the amount to the Commonwealth (s.3(2)(b)). These obligations ensure that the financial assistance is used effectively and transparently for its intended purpose.
The Act does not explicitly detail specific offences or penalties for breach of its provisions; however, the obligation to repay the funds if the Minister is not satisfied with their application implies a form of enforcement. While the Act does not state the maximum penalties, it is likely that failure to comply with the conditions set out in the Act could result in civil or administrative consequences, such as fines or other financial sanctions. The Act's reliance on the Minister's satisfaction and the repayment requirement suggests that breaches could lead to financial repercussions for the states involved.