STATES GRANTS (BEEF INDUSTRY) ACT 1975
No. 81 of 1975
An Act to grant Financial Assistance to the States in relation to Beef Producers.
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows: —
Short title.
1. This Act may be cited as the States Grants (Beef Industry) Act 1975.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Grant of financial assistance.
3. (1) Subject to this section, the Minister may authorize the payment to a State, by way of financial assistance, of such amounts as he determines.
(2) The Minister shall not authorize the payment of an amount to a State under sub-section (1) if that amount or, where the Minister has previously authorized the payment of an amount or amounts to that State under that sub-section, the sum of the first-mentioned amount and the amount or amounts the payment of which was previously so authorized, exceeds one-half of the sum of the amounts lent by or on behalf of the State, in accordance with arrangements made between Australia and the State, to persons engaged in the production of beef cattle in the State.
(3) The sum of the amounts that may be paid to the States under this Act shall not exceed $19,600,000.
Conditions.
4. Payment of an amount (including an advance) to a State under this Act is subject to such terms and conditions (including terms and conditions as to repayment) as the Treasurer determines.
Advances.
5. The Treasurer may, at such times as he thinks fit, make advances to a State of such amounts as he thinks fit on account of an amount that may become payable to the State under this Act.
Appropriation.
6. Amounts payable to a State under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.
Overview
The States Grants (Beef Industry) Act 1975 was enacted by the Commonwealth Parliament to provide financial assistance to the states for the beef industry. The problem it was introduced to address was the need for support to beef producers in Australia. The policy objective was to ensure that financial assistance provided to states for beef industry support does not exceed a certain threshold and is subject to specific conditions determined by the Treasurer. The Act authorises the Minister to grant financial assistance to states, with a cap of one-half of the sum of the amounts lent to beef producers by or on behalf of the state, as well as an overall limit of $19,600,000 for all states. Payments are subject to terms and conditions set by the Treasurer, and the Treasurer may make advances to states on account of amounts that may become payable under the Act. The financial assistance is appropriated out of the Consolidated Revenue Fund.
Scope and Application
The States Grants (Beef Industry) Act 1975 is a Commonwealth Act that provides a framework for the federal government to grant financial assistance to states for beef producers. The Act applies to the Minister for Primary Industries and the Treasurer, who are authorised to make payments to states engaged in beef production, subject to certain conditions. The geographic reach of the Act is national, as it pertains to the Commonwealth of Australia and its states. However, the application is specifically limited to the beef industry, thereby affecting only entities and persons involved in beef production. The Act does not specify any exclusions or exemptions, but it does set a financial limit of $19,600,000 for the total payments to states. The Act also allows for the making of advances to states on account of amounts payable under the Act, subject to the Treasurer's discretion. The Act does not extend or restrict its application through subordinate instruments.
Key Provisions
The primary operative sections of the States Grants (Beef Industry) Act 1975 provide for the grant of financial assistance to the States for beef producers. Section 3(1) allows the Minister to authorize payments to a State by way of financial assistance, subject to the limits set out in the Act. The assistance cannot exceed one-half of the sum of the amounts lent by or on behalf of the State to persons engaged in the production of beef cattle (Section 3(2)). The total amount that can be paid to the States under this Act is capped at $19,600,000 (Section 3(3)). Payments are subject to terms and conditions determined by the Treasurer, including terms related to repayment (Section 4). The Treasurer also has the discretion to make advances to a State (Section 5), with these amounts being paid out of the Consolidated Revenue Fund (Section 6).
The Act imposes several obligations and requirements on the parties it governs. The Minister must ensure that any financial assistance granted does not exceed the stipulated limits, particularly the cap of one-half of the amounts lent by or on behalf of the State to beef cattle producers (Section 3(2)). The Treasurer has the responsibility to determine the terms and conditions of payments and advances, which must include conditions for repayment (Section 4). Additionally, the Treasurer must ensure that any advances made are accounted for within the Consolidated Revenue Fund (Section 6).
Breaches of the Act's provisions may lead to civil or criminal consequences, although specific offences and penalties are not detailed within the text provided. Typically, non-compliance with the financial assistance limits or terms and conditions could result in legal action, including the possibility of repaying any improperly granted funds. The Act's framework suggests that penalties for non-compliance may be severe, given the importance of adhering to the specified financial assistance limits and conditions. However, exact penalties or consequences for breach are not explicitly stated in the excerpt, and further investigation into the Act or related legal precedents would be necessary to determine the specific repercussions.