STATES GRANTS (ADMINISTRATION OF CONTROLS REIMBURSEMENT).
No. 34 of 1951.
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 24th. November, 1951.]
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 1951.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Grants to States.
3. There is 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-one, 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) is not 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-two, 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-one.
(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-two, 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 is hereby appropriated accordingly.
Overview
The States Grants (Administration of Controls Reimbursement) Act 1951 was enacted to provide financial assistance to the Australian states for the administration of price and rent controls. This Act was introduced by the Commonwealth Parliament to address the need for financial support to states in managing these economic controls during a period of post-war economic adjustment. The primary objective of this legislation is to ensure that the states receive the necessary funding to administer these controls effectively, thereby maintaining economic stability and fairness in the market. Payments under this Act are subject to the submission of expenditure statements by the state governments and are appropriated from the Consolidated Revenue Fund.
Scope and Application
The States Grants (Administration of Controls Reimbursement) Act 1951 applies to the six States of Australia, providing financial assistance for the administration of price and rent controls during the financial year commencing 1 July 1951. The Act stipulates that a grant is payable to each State based on their expenditure on administering these controls, as certified by the State's Auditor-General and submitted to the Commonwealth Treasurer. The Treasurer has the authority to disallow any expenditure item deemed inappropriate and can make advances to States on account of their grants, subject to the condition that these advances must be repaid if the final grant amount is less than the advances received or if the required statement is not submitted by the specified deadline. The Act's financial provisions are drawn from the Consolidated Revenue Fund. There are no stated exclusions, exemptions, or thresholds in the primary Act, and its application is not extended or restricted through subordinate instruments.
Key Provisions
The primary operative sections of the States Grants (Administration of Controls Reimbursement) Act 1951 include the requirement for financial assistance to be provided to states to cover costs associated with the administration of price and rent controls. Section 3 specifies that the amount payable to each state is determined in accordance with section 5, contingent upon the Premier of the state providing a certified statement of expenditure (section 4). Section 5 details that the Treasurer will determine the amount payable to a state based on the statement received from the Premier, less any disallowed expenditure items (section 4(2)). Additionally, section 6 allows for the Treasurer to make advances to states on account of the amount payable, subject to certain conditions, including repayment if the statement is not provided by the specified deadline or if the total advances exceed the determined amount.
The Act imposes several obligations on the states and the Treasurer. The Premier of each state must furnish a statement to the Treasurer, certified by the state's Auditor-General, detailing the amount expended on the administration of price and rent controls during the relevant financial year (section 4(1)). The Treasurer has the authority to disallow any expenditure item within the statement (section 4(2)), which affects the final amount of the grant to be paid. The Treasurer may also make advances to the states, provided that these advances are subject to conditions such as repayment if certain criteria are not met (section 6).
Failure to comply with the requirements of the Act can result in civil or criminal consequences. While the Act does not explicitly state offences, penalties, or consequences for breach, it is reasonable to infer that non-compliance with the Treasurer's disallowance of expenditure or failure to repay advances could lead to financial repercussions for the state. Additionally, the authority to disallow expenditure suggests a mechanism for ensuring adherence to the Act's provisions, and breaches may result in legal actions or penalties as prescribed under other relevant laws. The Act’s focus on ensuring proper financial oversight and accountability highlights the importance of adherence to its provisions.