States Grants Act 1927
Act No. 4 of 1927 as amended
This compilation was prepared on 11 October 2000
taking into account amendments up to Act No. 216 of 1973
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
5 Payment of surplus revenue........................
7 Appropriation................................
Notes
An Act to grant and apply out of the Consolidated Revenue Fund sums for the purposes of Financial Assistance to States, and for other purposes
1 Short title [see Note 1]
This Act may be cited as the States Grants Act 1927.
5 Payment of surplus revenue
(1) The Treasurer shall pay to the several States of the Commonwealth, in proportion to the number of their people, any surplus revenue in his hands at the close of the financial year commencing on the first day of July One thousand nine hundred and twenty‑seven, and at the close of each financial year thereafter.
(2) For the purposes of this section, the number of the people of a State shall be deemed to be the number as ascertained according to the laws of the Commonwealth by the Commonwealth Statistician as at the thirty‑first day of December in the financial year in respect of which a payment under this section is to be made to that State.
7 Appropriation
All payments made under this Act shall be paid out of the Consolidated Revenue Fund, which is, to the necessary extent, hereby appropriated accordingly.
Notes to the States Grants Act 1927
Note 1
The States Grants Act 1927 (a) as shown in this compilation comprises Act No. 4, 1927 amended as indicated in the Tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
States Grants Act 1927 | 4, 1927 | 8 Apr 1927 | 8 Apr 1927 | |
Statute Law Revision Act 1934 | 45, 1934 | 6 Aug 1934 | 6 Aug 1934 | S. 8 |
Statute Law Revision Act 1950 | 80, 1950 | 16 Dec 1950 | 31 Dec 1950 | Ss. 16 and 17 |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 | Ss. 9(1) and 10 |
(a) This citation is provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act 1976.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Title.................... | am. No. 216, 1973 |
S. 2.................... | rep. No. 80, 1950 |
Ss. 3, 4................. | rep. No. 45, 1934 |
S. 5.................... | am. No. 45, 1934 |
S. 6.................... | rep. No. 45, 1934 |
S. 8.................... | rep. No. 80, 1950 |
Schedule................ | rep. No. 45, 1934 |
Overview
The States Grants Act 1927 was enacted to provide a mechanism for the distribution of surplus revenue from the Commonwealth to the states. This Act ensures that any surplus revenue held by the Treasurer at the end of each financial year is distributed among the states in proportion to their population. This allocation is intended to provide financial assistance to the states and to aid in the equitable distribution of Commonwealth resources. The Act was enacted by the Commonwealth Parliament and its policy objective is to support the states through the distribution of surplus revenue, thereby assisting in the maintenance of public services and infrastructure across Australia. The Act has been amended over the years, with the most recent amendments appearing in the Statute Law Revision Act 1973.
Scope and Application
The States Grants Act 1927 applies to the Commonwealth of Australia, specifically to the Treasurer who is responsible for the distribution of any surplus revenue held at the end of each financial year to the several states. The Act mandates that the surplus revenue be distributed to the states in proportion to their population, as determined by the Commonwealth Statistician. This allocation is made from the Consolidated Revenue Fund, which is appropriated for this purpose under the Act. The geographic reach of this Act is national, encompassing all states of Australia. The Act does not specify any exclusions or exemptions; however, it does note that amendments have been incorporated, which may affect the operation of certain provisions. The application of the Act may be further extended or restricted through subordinate instruments, though the Act itself does not detail these mechanisms. The Act has undergone several amendments since its inception, including changes to its title and specific provisions, as evidenced by the statutory revision acts referenced in the notes section.
Key Provisions
The States Grants Act 1927 (Act) outlines the process for the distribution of surplus revenue from the Consolidated Revenue Fund to the states of Australia. According to section 5, the Treasurer is required to distribute any surplus revenue held at the end of each financial year to the states in proportion to their population. The population count, as per section 5(2), is determined by the Commonwealth Statistician and is based on the census figures as of 31 December of the relevant financial year. Section 7 ensures that all payments made under this Act are funded from the Consolidated Revenue Fund, which is appropriated for this purpose.
The Act imposes specific obligations on the Treasurer, who must ensure the proportional distribution of surplus revenue to the states as outlined in section 5. This includes relying on the population figures provided by the Commonwealth Statistician, which are mandated by section 5(2). The Act also specifies that all payments made under its authority must be sourced from the Consolidated Revenue Fund, as stated in section 7.
While the Act does not explicitly detail criminal or civil penalties for non-compliance, the failure to adhere to the provisions could potentially lead to legal challenges regarding the distribution of funds and the interpretation of population figures. The Act's focus is primarily on establishing a clear process for the distribution of surplus revenue, rather than detailing specific penalties for breaches. However, any breaches of the appropriation process or inaccuracies in the population figures could result in legal scrutiny or disputes over the legitimacy of the payments made under the Act.