STATES GRANTS (ADMINISTRATION OF CONTROLS REIMBURSEMENT).
No. 64 of 1950.
An Act to make provision for the grant of Financial Assistance to the States in connexion with the administration of the Control of Prices and Rents.
[Assented to 14th December, 1950.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—
Short title.
1. This Act may be cited as the States Grants (Administration of Controls Reimbursement) Act 1950.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Grants to States.
3. There shall be payable to each State, for the purposes of financial assistance towards the costs of administering the control of prices and rents in that State during the financial year which commenced on the first day of July, One thousand nine hundred and fifty, such amount as is determined in accordance with section five of this Act.
Statement of expenditure by State.
4.—(1.) An amount (other than an advance) shall not be payable to a State under this Act unless the Premier of the State has, as soon as possible after the thirtieth day of June, One thousand nine hundred and fifty-one, furnished to the Treasurer a statement, certified by the Auditor-General of the State, setting out the amount expended by the State in administering the control of prices and rents during the financial year which commenced on the first day of July, One thousand nine hundred and fifty.
(2.) The Treasurer may disallow any item of expenditure set out in a statement furnished to him in pursuance of the last preceding sub-section.
Amount of grant payable to States.
5. Upon receipt of a statement from the Premier of a State in accordance with sub-section (1.) of the last preceding section, the Treasurer shall determine the amount payable to the State under this Act, being the amount set out in that statement less the amount of any item of expenditure disallowed by the Treasurer in pursuance of sub-section (2.) of the last preceding section.
Advances.
6.—(1.) The Treasurer may, at such times as he thinks fit, make advances of such amounts as he thinks fit to a State on account of the amount payable to that State under this Act.
(2.) Payment of each advance to a State is subject to the conditions that—
(a) the advance shall be repaid to the Commonwealth unless, not later than the thirtieth day of September, One thousand nine hundred and fifty-one, or such later date as the Treasurer determines, a statement has been received by the Treasurer from the Premier of the State in accordance with sub-section (1.) of section four of this Act; and
(b) if the total of the advances paid to the State exceeds the amount determined by the Treasurer in pursuance of the last preceding section, the amount of the excess shall be repaid by the State.
Appropriation.
7. Payments (including advances) in accordance with this Act shall be made out of the Consolidated Revenue Fund, which, to the necessary extent, is hereby appropriated accordingly.
Overview
The States Grants (Administration of Controls Reimbursement) Act 1950 was enacted to address the financial burden on states for administering price and rent controls during a period of economic regulation. The Act was passed by the Commonwealth Parliament with the aim of providing financial assistance to the states to cover the costs associated with the administration of these controls. It provides a mechanism for grants to be paid to the states based on their expenditure on such controls, as certified by their respective Auditors-General, and allows for the Treasurer to make advances subject to certain conditions. This legislative measure was a response to the need for coordinated economic management across Australia during a time of national economic policy intervention.
Scope and Application
The States Grants (Administration of Controls Reimbursement) Act 1950 applies to the states of Australia, providing financial assistance to them for the administration of price and rent controls. The Act is effective from the date it receives Royal Assent and mandates that each state must submit a statement of expenditure certified by its Auditor-General to the Commonwealth Treasurer by the end of June 1951. The Treasurer determines the grant amount payable, which is the expenditure amount less any disallowed items. Additionally, the Treasurer has the discretion to make advances to the states on account of the grants, contingent on the states repaying any excess amounts if the total advances exceed the determined grant. The Act is funded from the Consolidated Revenue Fund.
Key Provisions
The States Grants (Administration of Controls Reimbursement) Act 1950 (referred to as the Act) provides financial assistance to the states for the administration of price and rent controls. Section 3 specifies the grant payable to each state for these administrative costs during the financial year starting on 1 July 1950. This assistance is contingent upon the Premier of the state providing a detailed statement of expenditure to the Treasurer by 30 June 1951, as mandated by section 4. The statement must be certified by the state's Auditor-General and include all expenditures incurred in administering price and rent controls. Section 5 outlines the method by which the Treasurer determines the grant amount, which is the expenditure amount from the statement minus any disallowed items.
The Act imposes several obligations on the states. Firstly, under section 4(1), the Premier of each state must ensure the timely submission of a certified expenditure statement to the Treasurer. Additionally, section 6(2) stipulates conditions for any advances made by the Treasurer, requiring repayment unless a valid statement is received by the specified deadline, and any excess advances must also be repaid. Furthermore, section 7 appropriates payments from the Consolidated Revenue Fund to cover these grants and advances.
Failure to comply with the Act’s requirements can lead to serious consequences. Although the Act does not explicitly list offences or penalties, non-compliance with the submission of expenditure statements or failure to repay advances could result in financial penalties or legal actions under other relevant laws. The Act’s primary focus is on ensuring that the financial assistance provided is accurately accounted for and used for the intended purpose of administering price and rent controls.