States Grants (Aboriginal Advancement) Act (No. 2) 1973
No. 168 of 1973
AN ACT
To grant Financial Assistance to the States in connexion with the Welfare and Advancement of the Aboriginal People of Australia.
[Assented to 11 December 1973]
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title.
1. This Act may be cited as the States Grants (Aboriginal Advancement) Act (No. 2) 1973.
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 1 July 1973, to each State, for the purpose of financial assistance in connexion with the welfare and advancement of Aboriginal people of Australia living in that State, amounts to be determined by the Minister but not exceeding in the whole the amount specified in the Schedule 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 the 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 the 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 paragraph (a), the State will repay that amount to Australia.
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.
______________
SCHEDULE Section 3(1)
| $ |
New South Wales.................................. | 5,402,000 |
Victoria......................................... | 948,000 |
Queensland...................................... | 9,957,000 |
South Australia .................................... | 4,699,000 |
Western Australia.................................. | 11,090,000 |
Tasmania ........................................ | 154,000 |
Total....................... | 32,250,000 |
_______________
Overview
The States Grants (Aboriginal Advancement) Act (No. 2) 1973 was enacted to provide financial assistance to Australian states for the welfare and advancement of Aboriginal people. This legislation was introduced by the Australian Parliament with the objective of addressing the socio-economic disparities faced by Aboriginal communities by providing direct financial support to states. The act mandates that the funds granted must be used specifically for initiatives aimed at improving the welfare and advancement of Aboriginal people, subject to approval by the Minister. This legislative measure underscores the federal government's commitment to enhancing the living conditions and opportunities for Aboriginal Australians through state-administered programs.
Scope and Application
The States Grants (Aboriginal Advancement) Act (No. 2) 1973 provides financial assistance to the states for the welfare and advancement of Aboriginal people in Australia. The Act applies to the states of Australia, with specific grants allocated to each state as outlined in the schedule. The funds are to be applied for the benefit of Aboriginal people within the respective states, under the approval of the Minister for Aboriginal Affairs. The act also stipulates that if a state fails to utilise the funds for the intended purpose, it must repay the amount to the Commonwealth. The payments are to be made from the Aboriginal Advancement Trust Account, established under the Audit Act 1901-1969. The Act does not specify any exclusions or exemptions, and the conditions for the grants can be modified through subordinate instruments by the Minister.
Key Provisions
The States Grants (Aboriginal Advancement) Act (No. 2) 1973, as indicated in section 1, is the primary legislation that establishes the legal framework for financial assistance to Australian states for the welfare and advancement of Aboriginal people. Section 3(1) stipulates that grants will be provided to each state for the financial year commencing on 1 July 1973, with the exact amounts specified in the attached schedule. The grants are subject to certain conditions, as outlined in section 3(2), which require that each state must use the funds for the approved purposes of welfare and advancement of Aboriginal people. Furthermore, if the Minister determines that a state has not adhered to the approved use of funds, the state is obligated to repay the misused amount to the Commonwealth, as per section 3(2)(b). Payments under this Act are to be made from the Aboriginal Advancement Trust Account, established under section 62a of the Audit Act 1901-1969, as stated in section 4.
Under the Act, each state receiving a grant is required to ensure that the funds are applied in a manner and within a time frame approved by the Minister, as stated in section 3(2)(a). This implies that states must follow specific guidelines and timelines set by the Commonwealth to manage and allocate the funds effectively. The Minister has the authority to monitor and assess the compliance of states with these conditions, and to inform the state's Treasurer if there is a failure to meet the requirements. Additionally, the Act imposes a duty on states to report on the use of funds and to provide necessary documentation to the Minister for review. The Minister's approval of the expenditure is a critical aspect of ensuring that the funds are used for their intended purposes.
Breach of the conditions set forth in section 3(2) of the Act can lead to serious consequences for the states involved. If a state fails to apply the funds in accordance with the approved manner and timeframe, it is obligated to repay the misused amount to the Commonwealth, as per section 3(2)(b). The Act does not explicitly outline specific penalties for non-compliance; however, the obligation to repay misused funds serves as a significant deterrent. Additionally, ongoing non-compliance could potentially lead to the withholding of future grants or other administrative actions by the Commonwealth to ensure adherence to the Act's provisions. The seriousness of these consequences underscores the importance of states adhering to the conditions set by the Minister.