States Grants (Aboriginal Advancement)
No. 116 of 1970
An Act to grant Financial Assistance to the States in connexion with the Welfare and Advancement (including Housing) of the Aboriginal People of Australia.
[Assented to 11 November 1970]
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 1970.
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 seventy, to each State, for the purpose of financial assistance in connexion with the welfare and advancement (including housing) of the Aboriginal people of Australia living in that State, amounts not exceeding in the whole the amount specified in the First Schedule to this Act opposite to the name of that State.
(2.) The grant of financial assistance to a State under this Act is subject to the following conditions:—
(a) that so much of the amounts paid to that State by the Commonwealth under this Act as is equal to the amount specified in the Second Schedule to this Act opposite to the name of the State 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 housing of Aboriginal people of Australia living in the State and that the remainder of those amounts will be applied by the State, in such a manner and within such a time, for the purposes of expenditure in connexion with the housing, or other welfare or advancement, of Aboriginal people of Australia living in the State; and
(b) that, if the Minister informs the Treasurer of that State that he is satisfied that the State has failed, in respect of an amount paid to the State under this Act, to fulfil the conditions referred to 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 SCHEDULES
——
FIRST SCHEDULE Section 3(1.).
Maximum Financial Assistance for Welfare and Advancement (including Housing)
| $ |
New South Wales...................... | 1,701,000 |
Victoria............................. | 367,000 |
Queensland.......................... | 2,538,000 |
South Australia........................ | 660,000 |
Western Australia...................... | 1,680,000 |
Tasmania............................ | 54,000 |
| 7,000,000 |
SECOND SCHEDULE Section 3(2.).
Minimum Financial Assistance for Housing
| $ |
New South Wales...................... | 1,350,000 |
Victoria............................. | 265,000 |
Queensland.......................... | 1,770,000 |
South Australia........................ | 300,000 |
Western Australia...................... | 1,080,000 |
Tasmania............................ | 35,000 |
| 4,800,000 |
Overview
The States Grants (Aboriginal Advancement) Act 1970 was enacted to address the significant gaps in welfare, advancement, and housing for Aboriginal people in Australia. It was introduced by the Commonwealth of Australia, through its Parliament, to provide financial assistance to states for these purposes. The overarching policy objective of this Act is to support the welfare and advancement of Aboriginal people, with a particular focus on improving their living conditions through better housing. The Act authorises the Commonwealth to make grants to the states, which are to be used for the welfare and advancement of Aboriginal people, including housing, subject to certain conditions and oversight by the Minister.
The Act specifies that a portion of the grants must be used for housing, with the exact amount determined by the Second Schedule. Any failure by a state to comply with these conditions could result in a requirement to repay the funds to the Commonwealth. The financial assistance provided under this Act is intended to help bridge the gap in resources and services available to Aboriginal communities, thereby contributing to their overall welfare and advancement.
Scope and Application
The States Grants (Aboriginal Advancement) Act 1970 applies to all States of Australia, providing financial assistance intended to support the welfare and advancement of Aboriginal people, with a particular focus on housing. The Act stipulates that the Commonwealth will provide grants to each state, subject to specific conditions related to the use of funds for housing and other welfare or advancement purposes. These grants are to be disbursed from the Aboriginal Advancement Trust Account established under the Audit Act 1901–1969. Each state must ensure that a portion of the received funds is dedicated to housing, with the remaining funds to be allocated towards other welfare or advancement initiatives. Failure to meet these conditions will result in the state being required to repay the funds to the Commonwealth.
The geographic reach of this Act is confined to the Australian states, with each state receiving a specified maximum amount of financial assistance as detailed in the First Schedule. The Act does not explicitly mention territories, implying that it does not extend to them. Additionally, the Act does not provide for exclusions, exemptions, or thresholds beyond the conditions for the use of funds. The application of the Act may be further defined or detailed through subordinate instruments, although the primary text does not provide explicit reference to such mechanisms.
Key Provisions
The States Grants (Aboriginal Advancement) Act 1970 (the Act) outlines the provisions for financial assistance to be granted by the Commonwealth to the States for the welfare and advancement of Aboriginal people, with a particular focus on housing. According to section 3(1), the Commonwealth will pay each State a certain amount of financial assistance for this purpose, with the total not exceeding $7,000,000, as detailed in the First Schedule of the Act. The Act further specifies in section 3(2) that a portion of this financial assistance must be allocated towards housing, as detailed in the Second Schedule of the Act, with the total minimum amount for housing not exceeding $4,800,000. The Act requires that these payments be made out of the Aboriginal Advancement Trust Account established under the Audit Act 1901-1969, as stated in section 4.
The Act imposes several obligations on the States. Firstly, the States are required to use a specific portion of the financial assistance provided by the Commonwealth for housing purposes, as detailed in the Second Schedule, and the remaining portion for other welfare and advancement activities. Secondly, the States must obtain approval from the Minister for the manner and timing of the expenditure of the funds allocated for housing, as outlined in section 3(2)(a). If the Minister is not satisfied that the State has used the funds in accordance with the conditions, the State is required to repay the amount to the Commonwealth, as stipulated in section 3(2)(b).
The Act does not explicitly outline specific offences, penalties, or consequences for breach. However, the obligation to repay the funds to the Commonwealth if the Minister is not satisfied with the State's use of the funds implies a potential civil consequence for non-compliance. Additionally, the Act does not provide explicit information on the maximum penalties for breach. It is important to note that while the Act does not specify the penalties, breaches of the conditions could potentially result in legal action or administrative penalties as deemed appropriate by the relevant authorities.