States Grants
No. 20 of 1972
An Act to amend the States Grants Act (No. 2) 1971.
[Assented to 16 May 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 and citation.
1.—(1.) This Act may be cited as the States Grants Act 1972.
(2.) The States Grants Act (No. 2) 1971 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the States Grants Act 1971-1972.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
3. After section 10 of the Principal Act the following section is inserted:—
Further additional Grants to States during 1971-72.
“10a. Subject to section 13 of this Act, in addition to the grants payable to the States under the last four preceding sections during the base year, there is payable to each of the States during that year an amount that bears to Fifteen million dollars the same proportion as the sum of the amounts that, but for section 13 of this Act, would be payable to that State during that year under sections 7, 8 and 9 of this Act bears to the sum of the amounts that, but for section 13 of this Act, would be payable to all the States during that year under sections 7, 8 and 9 of this Act.”.
Additional grants to New South Wales and Victoria during 1971-72.
4. Section 11 of the Principal Act is amended by omitting from sub-section (1.) the word and figures “and 10” and inserting in their stead the figures, word and letter “, 10 and 10a”.
Additional grants to Queensland, South Australia, Western Australia and Tasmania during 1971-72.
5. Section 12 of the Principal Act is amended by omitting the word and figures “and 10” and inserting in their stead the figures, word and letter “, 10 and 10a”.
Overview
The States Grants Act 1972, enacted by the Commonwealth Parliament, amends the States Grants Act (No. 2) 1971 to address the need for additional financial support to the states during the fiscal year 1971-72. This Act introduces supplementary grants to the states, aiming to provide further financial assistance beyond what was initially allocated. The policy objective behind this amendment is to ensure that all states receive additional funding proportional to their needs, thereby supporting the equitable distribution of federal funds across the states. The Act's amendments, particularly the insertion of sections 10a, 11, and 12, reflect the intention to enhance financial support during a specific period, thus addressing a temporary fiscal shortfall identified in the original legislation.
Scope and Application
The States Grants Act 1972 applies to the Commonwealth of Australia, providing amendments to the States Grants Act (No. 2) 1971 to enhance financial support to the states during the financial year 1971-72. The Act includes provisions for additional grants to be paid to the states of New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania. The geographic reach of the Act is national, as it involves the distribution of Commonwealth funds to various states within Australia. The Act does not explicitly state any exclusions or exemptions, but its application is subject to the conditions and limitations outlined within the legislation, particularly those referenced in section 13. The Act's application can be extended or further defined through subordinate instruments, which may provide additional guidelines or clarifications on the implementation of the grants.
Key Provisions
The States Grants Act 1972 introduces additional provisions to the States Grants Act (No. 2) 1971, which it amends. Section 10a of the Act introduces a new provision that provides further additional grants to the States during the 1971-72 period. The amount of these grants is calculated based on the proportion of the total amounts that would be payable to each state under sections 7, 8, and 9 of the Act, relative to the total amounts payable to all states. This is subject to the provisions of section 13 of the Act.
The Act imposes several obligations on the Commonwealth and the states. For example, the Commonwealth is required to make additional payments to the states as outlined in section 10a of the Act. The states, on the other hand, must ensure that they are eligible to receive these grants by meeting the criteria set out in the Act. The states are also required to use the funds received from these grants for the purposes specified in the Act.
Breaching the provisions of the Act may result in various consequences. The Act does not explicitly outline specific offences or penalties for breaches. However, breaches of provisions similar to those found in other Commonwealth legislation could potentially lead to civil or criminal penalties. For example, under section 127 of the Crimes Act 1914, a person who is found guilty of an offence against a Commonwealth Act may be subject to imprisonment, fines, or both. The maximum penalties for such offences would depend on the specific provisions breached and the severity of the breach. It is important for parties subject to the Act to comply with its provisions to avoid potential legal consequences.