States Grants (Capital Assistance) Act 1971

Legislation au C1971A00129 Not in force Act

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States Grants (Capital Assistance)

No. 129 of 1971

An Act to grant Financial Assistance to the States in connexion with Expenditure of a Capital Nature and to Authorize the Borrowing of Certain Moneys by the Commonwealth.

[Assented to 16 December 1971]

BE it enacted by the Queens Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the States Grants (Capital Assistance) Act 1971.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Grants to States during year 1971–72.

3.—(1.) There is payable to a State specified in the first column of the Schedule to this Act, during the year ending on the thirtieth day of June, One thousand nine hundred and seventy-two, for the purpose of financial assistance in connexion with expenditure of a capital nature, the amount specified in the second column of that Schedule opposite to the name of that State, less the sum of any advances made to that State under section 7 of the States Grants (Capital Assistance) Act 1970.

(2.) Payments for the purposes of this section shall be made in such amounts and at such times as the Treasurer determines.

Authority to borrow.

4.—(1.) Subject to the next succeeding sub-section, the Treasurer may, during the year ending on the thirtieth day of June, One thousand nine hundred and seventy-two, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911–1966, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate Two hundred and nine million, eight hundred thousand dollars.

(2.) Where the Treasurer has, at any time during the period commencing on the first day of July, One thousand nine hundred and seventy-one, and ending immediately before the commencement of this Act, borrowed any moneys for the purpose of making grants of financial assistance to the States in connexion with expenditure of a capital nature, the aggregate amount of moneys that may be borrowed under the last preceding sub-section is the amount specified in that sub-section less the sum of the moneys borrowed during that period.


Application of moneys borrowed.

5. Moneys borrowed under sub-section (1.) of the last preceding section shall be issued and applied only for the expenses of borrowing, for the purpose of making payments to the States in accordance with section 3 of this Act and for the purpose of making payments to the Consolidated Revenue Fund in accordance with sub-section (2.) of the next succeeding section.

Grants may be paid out of Consolidated Revenue Fund.

6.—(1.) A payment to a State in accordance with section 3 of this Act may be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

(2.) Where an amount has been paid out of the Consolidated Revenue Fund under section 7 of the States Grants (Capital Assistance) Act 1970 or under the last preceding sub-section, the Treasurer may authorize the payment to that Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

(3.) In any statement of the receipts and expenditure, or of the expenditure, of the Consolidated Revenue Fund prepared by the Treasurer under section 49 or section 50 of the Audit Act 1901–1969, amounts paid to the Consolidated Revenue Fund under the last preceding sub-section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under section 7 of the States Grants (Capital Assistance) Act 1970 and under sub-section (1.) of this section.

Advance payments for year 1972–73.

7.—(1.) The Treasurer may, during the period of six months commencing on the first day of July, One thousand nine hundred and seventy-two, make payments to a State specified in the first column of the Schedule to this Act, for the purpose of financial assistance in connexion with expenditure of a capital nature, of amounts not exceeding in the aggregate the amount specified in the third column of that Schedule opposite to the name of that State.

(2.) Payments to a State for the purposes of this section shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

 

THE SCHEDULE Sections 3 and 7.

First Column State

Second Column Amount of Grant

Third Column Maximum Aggregate Amount of Payments

 

$

$

New South Wales............................

66,730,000

33,365,000

Victoria...................................

53,520,000

26,760,000

Queensland................................

26,530,000

13,265,000

South Australia..............................

28,760,000

14,380,000

Western Australia............................

19,600,000

9,800,000

Tasmania..................................

14,660,000

7,330,000

 

209,800,000

104,900,000

 

Overview

The States Grants (Capital Assistance) Act 1971 was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia to provide financial assistance to the states for capital expenditure and to authorise the borrowing of certain funds by the Commonwealth. This legislation addresses the need for immediate financial support to the states for capital projects, ensuring that the Commonwealth can meet its obligations through authorised borrowings. The Act specifies grants payable to each state for the financial year 1971-72 and allows for advance payments for the following year, 1972-73, all aimed at facilitating timely infrastructure and development projects across the states. The policy objective is to support state-level capital projects that contribute to the overall economic and social development of the nation. The Act further empowers the Treasurer to borrow up to $209.8 million during the year ending 30 June 1972, to be used for the specified grants and other related expenses. This borrowing authority ensures that the Commonwealth can mobilise the necessary funds to meet its financial commitments under the Act. The borrowed moneys are to be applied strictly for the purposes outlined, ensuring accountability and transparency in the use of public funds.

Scope and Application

The States Grants (Capital Assistance) Act 1971 provides financial assistance to the states for capital expenditure and authorises borrowing by the Commonwealth for the same purpose. It applies to all states listed in the Schedule, with specific grants outlined for each state. The Act applies at the national level within the Commonwealth of Australia, facilitating capital expenditure funding across the country. The Act allows for payments to be made from the Consolidated Revenue Fund and authorises borrowing of up to $209,800,000 for the fiscal year ending June 1972, with adjustments made for any prior borrowings. While the Act itself sets the framework for grants and borrowings, the specifics of payments and borrowings are determined by the Treasurer, potentially through subordinate instruments or administrative actions.

Key Provisions

The primary sections of the States Grants (Capital Assistance) Act 1971 (referred to as the Act) specify the allocation of financial assistance to various states for capital expenditure purposes. Section 3 outlines that specific amounts are to be paid to the states listed in the Schedule during the financial year ending 30 June 1972, with adjustments for any advances already made under a previous Act. Section 7 further permits the Treasurer to make advance payments for the financial year 1972–73, with limits set for each state as specified in the Schedule. The Act imposes several obligations on the Commonwealth and the states. The most significant obligation is on the Treasurer, who is mandated to determine the timing and amounts of payments to the states under Section 3. Additionally, the Treasurer is authorised to borrow up to a specified amount under Section 4, with conditions that any borrowing already done before the Act's commencement reduces the total allowable borrowing. Section 5 specifies the permissible uses of the borrowed funds, which include covering borrowing expenses, making grants to the states, and repaying the Consolidated Revenue Fund. Finally, Section 6 allows payments to the states to be made out of the Consolidated Revenue Fund, with provisions for reimbursement from the Loan Fund. Breaches of the provisions outlined in the Act may lead to various consequences, though the Act itself does not explicitly detail offences or penalties for non-compliance. However, given the nature of financial and legislative processes in Australia, non-compliance could potentially result in legal actions, financial repercussions, or other administrative penalties under related legislation. The maximum penalties would depend on the specific breach and would be determined by the relevant courts or tribunals in accordance with applicable laws.

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Area of Law
Financial Law
Public Finance
Instrument
Act
Concepts
Commencement Provisions
Grants & Subsidies
Borrowing Authority
Financial Administration

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.