STATES GRANTS (ADMINISTRATION OF CONTROLS REIMBURSEMENT).
No. 63 of 1952.
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 21st October, 1952.]
BE it enacted by the Queen’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 1952.
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-two, 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-three, 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-two.
(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-three, 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 appropriated accordingly.
Overview
The States Grants (Administration of Controls Reimbursement) Act 1952 was enacted by the Parliament of Australia to provide financial assistance to the states for the costs associated with administering the control of prices and rents. This Act was necessary to support the states in managing economic controls during a time of financial strain, ensuring that they could effectively oversee price and rent regulations. The policy objective of the Act is to reimburse the states for their expenditures in this area, facilitating the administration of economic controls across Australia. The Act stipulates that payments to states are contingent upon the submission of certified expenditure statements by the state premiers, with the Treasurer having the authority to disallow certain expenditures.
Scope and Application
The States Grants (Administration of Controls Reimbursement) Act 1952 is an Australian Commonwealth Act that provides financial assistance to the states for the costs associated with administering controls on prices and rents. It applies to the six states of Australia, as it makes grants payable to each State for the specific purpose of reimbursing costs incurred during the financial year starting on 1 July 1952. The Act requires the Premier of each state to furnish a statement, certified by the state’s Auditor-General, detailing the expenditure on administering these controls. The Treasurer can disallow certain items within these statements, and the amount of the grant is determined by the approved expenditure figures. The Act also allows for the Treasurer to make advances to states on account of the payable amount, subject to the condition that these advances must be repaid if the final determined amount is less than the advance or if the necessary expenditure statement is not provided by the specified deadline. Payments, including these advances, are made from the Consolidated Revenue Fund.
Key Provisions
The primary sections of the States Grants (Administration of Controls Reimbursement) Act 1952 (sections 3 and 5) require the Commonwealth to pay grants to each state for the costs incurred in administering the control of prices and rents. Section 3 mandates that the amount of the grant is to be determined in accordance with section 5, which outlines the process for calculating the grant based on the expenditure statements submitted by the Premier of each state. Section 4 stipulates that these payments are contingent on the Premier providing a statement, certified by the Auditor-General, detailing the state's expenditure on price and rent controls for the financial year in question. The Treasurer has the authority to disallow any expenditure items deemed inappropriate.
The Act imposes several obligations on the parties it governs. Under section 4(1), the Premier of each state is required to submit an expenditure statement to the Treasurer, certified by the state's Auditor-General, by the thirtieth day of June in the year following the financial year for which the grant is being calculated. This statement must detail all costs incurred by the state in administering price and rent controls. The Treasurer, under section 4(2), has the discretion to disallow any expenditure item in the statement if deemed necessary. Additionally, section 6 outlines the conditions under which the Treasurer may make advances to a state, which must be repaid if the final grant amount is less than the advances received or if the expenditure statement is not provided by the specified deadline.
The Act also sets out potential consequences for non-compliance. While the Act does not explicitly enumerate offences or penalties, it implies certain civil and administrative consequences for failure to comply with its requirements. For instance, if a state fails to submit the required expenditure statement by the deadline, it may not be entitled to the full grant payment. Similarly, if advances made to a state exceed the final determined grant amount, the excess must be repaid. Although the Act does not specify maximum penalties for these breaches, the financial implications of non-compliance, such as the loss of grant funding or the necessity to repay advances, serve as significant deterrents.