States Grants (Aboriginal Advancement)
No. 130 of 1971
An Act to grant Financial Assistance to the States in connexion with the Welfare and Advancement of the Aboriginal People of Australia.
[Assented to 16 December 1971]
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 1971.
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-one, 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, amounts not exceeding in the whole the amount specified in the 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 each amount paid to a State under this Act 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 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 condition 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 under 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(1.).
| $ |
New South Wales........................................ | 2,400,000 |
Victoria............................................... | 400,000 |
Queensland............................................ | 3,038,000 |
South Australia.......................................... | 800,000 |
Western Australia........................................ | 2,500,000 |
Tasmania.............................................. | 62,000 |
| 9,200,000 |
Overview
The States Grants (Aboriginal Advancement) Act 1971 was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia to address the welfare and advancement needs of Aboriginal people in Australia. This legislation was designed to provide financial assistance to the states to support programs and initiatives aimed at improving the living conditions and social outcomes for Aboriginal communities. The primary objective of the Act is to ensure that the allocated funds are applied effectively for the intended purposes, with oversight and accountability mechanisms in place to monitor compliance and the use of the grants. The financial assistance provided under the Act is disbursed from the Aboriginal Advancement Trust Account, as established under the Audit Act 1901-1969.
Scope and Application
The States Grants (Aboriginal Advancement) Act 1971 applies to the six states of Australia, specifically New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania, with each state receiving specified amounts of financial assistance for the welfare and advancement of Aboriginal people residing within their borders. The Act provides for grants to be disbursed from the Aboriginal Advancement Trust Account, established under section 62a of the Audit Act 1901-1969. The grants are subject to conditions, primarily that the funds must be applied for the purposes of Aboriginal welfare and advancement as approved by the Minister, and if a state fails to meet these conditions, the funds must be repaid to the Commonwealth. The Act's application is confined to the geographic and jurisdictional reach of the Commonwealth of Australia, ensuring that the financial assistance is distributed at the state level, with the Commonwealth overseeing the expenditure and compliance through the Minister. There are no stated exclusions, exemptions, or thresholds within the Act itself, though the application and enforcement of the conditions may be extended or clarified through subordinate instruments or regulations.
Key Provisions
The main operative sections of the States Grants (Aboriginal Advancement) Act 1971 (the Act) focus on the provision of financial assistance to the states for the welfare and advancement of Aboriginal people. Section 3(1) specifies that during the financial year starting on 1 July 1971, each state will receive an amount of financial assistance not exceeding the sum specified in the Schedule opposite the state's name. This assistance is subject to conditions outlined in section 3(2), which require that each state apply the funds in a manner and timeframe approved by the Minister for the intended purposes of welfare or advancement of Aboriginal people. If the Minister determines that a state has failed to meet these conditions, the state is required to repay the amount to the Commonwealth, as stipulated in section 3(2)(b).
The Act imposes several obligations on the states receiving the grants. Primarily, states must ensure that the funds are used in accordance with the approved manner and timeframe specified by the Minister. This involves adhering to the guidelines set forth for the welfare or advancement of Aboriginal people. Additionally, states are required to maintain proper records and provide reports as requested by the Minister to demonstrate compliance with the conditions of the grant. The Act also mandates that the funds be applied strictly for the specified purposes, preventing misallocation or misappropriation of the financial assistance.
Breaches of the conditions set out in the Act can lead to significant consequences. Specifically, if a state fails to use the funds as required or does not repay an amount determined to be improperly used, it may face civil or administrative penalties. The Act does not explicitly detail maximum penalties, but such failures could result in the withholding of future grants, financial repayments to the Commonwealth, or other corrective measures deemed necessary by the Minister. These actions are intended to ensure that the financial assistance is effectively utilised for its intended purpose and that the integrity of the grant program is maintained.