States Grants (Aboriginal Advancement)
No. 99 of 1972
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 October 1972]
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 1972.
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-two, 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........................... | 3,720,000 |
Victoria................................. | 670,000 |
Queensland............................... | 4,790,000 |
South Australia............................ | 1,270,000 |
Western Australia........................... | 3,960,000 |
Tasmania................................ | 90,000 |
| |
| 14,500,000 |
Overview
The States Grants (Aboriginal Advancement) Act 1972 was enacted to address the historical neglect and systemic disadvantage faced by Aboriginal people in Australia by providing financial assistance to the states for their welfare and advancement. Enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act aims to support the welfare and advancement of Aboriginal people by providing grants to each state, with the funds to be used under conditions approved by the Minister, and subject to repayment if the conditions are not met. The financial assistance is disbursed from the Aboriginal Advancement Trust Account established under the Audit Act 1901–1969, ensuring accountability and transparency in the use of these funds. This Act marks a significant policy objective of the Australian government to improve the socio-economic conditions of Aboriginal people through coordinated state-level interventions.
Scope and Application
The States Grants (Aboriginal Advancement) Act 1972 provides financial assistance to the states of Australia for the purpose of welfare and advancement of Aboriginal people living within their respective jurisdictions. This Act applies to all states within the Commonwealth of Australia, with each state receiving an amount specified in the Schedule, tailored to the population of Aboriginal people within that state. The Act applies to the disbursement of funds for activities that directly benefit Aboriginal people, with the Commonwealth retaining oversight through conditions on how the funds must be spent, ensuring they are used for their intended purposes. Any failure to adhere to the prescribed conditions may result in the state being required to repay the funds to the Commonwealth. The Act's geographic reach is national, affecting all states across Australia. The Act itself does not explicitly state any exclusions, exemptions, or thresholds, but the conditions attached to the grants may implicitly set parameters for eligibility and usage of funds. The Act does not extend or restrict its application through subordinate instruments, but the terms and conditions for the grants may be further defined by administrative actions or regulations by the Commonwealth.
Key Provisions
The main operative sections of the States Grants (Aboriginal Advancement) Act 1972 (section 3(1)) provide that financial assistance will be granted to each state for the welfare and advancement of Aboriginal people living within that state. This assistance is to be applied in a manner and within a time approved by the Minister. The grants are to be paid from the Aboriginal Advancement Trust Account established under the Audit Act 1901–1969 (section 4). The amounts payable to each state are detailed in the Schedule, with New South Wales receiving the largest amount of $3,720,000 and Tasmania receiving the smallest amount of $90,000. These grants are subject to specific conditions, including the requirement that the funds must be used for the purposes specified and that if the Minister is not satisfied with the use of the funds, the state must repay the amount to the Commonwealth.
The obligations imposed by the Act on the parties it governs are primarily on the states that receive the grants. Each state must ensure that the funds are applied strictly in accordance with the approval of the Minister and within the approved timeframes. The states also have an obligation to provide the Minister with any necessary information and reports to demonstrate how the funds have been used. 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. This requirement is intended to ensure that the funds are used effectively and in line with the legislative intent to advance the welfare of Aboriginal people.
The Act also outlines specific consequences for non-compliance. If a state fails to fulfil the conditions associated with the grant, as determined by the Minister, the state is required to repay the amount to the Commonwealth. While the Act does not explicitly state penalties or maximum fines for such breaches, it does outline the requirement for repayment as a consequence. This is a significant obligation, as it not only ensures the funds are used as intended but also maintains the accountability of the states in the use of public funds allocated for Aboriginal advancement. The failure to comply with these conditions could lead to financial repercussions for the state, as well as potential reputational damage.