States Grants (Capital Assistance)
No. 8 of 1972
An Act to amend the States Grants (Capital Assistance) Act 1971.
[Assented to 24 March 1972]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the States Grants (Capital Assistance) Act 1972.
(2.) The States Grants (Capital Assistance) Act 1971 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the States Grants (Capital Assistance) Act 1971–1972.
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. Section 3 of the Principal Act is amended by inserting after subsection (1.) the following sub-section:—
“(1a.) 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 on primary schools and secondary schools conducted by that State, the amount specified in the third column of that Schedule opposite to the name of that State.”.
Authority to borrow.
4. Section 4 of the Principal Act is amended by omitting from subsection (1.) the words “Two hundred and nine million, eight hundred thousand dollars” and inserting in their stead the words “Two hundred and sixteen million, four hundred and sixty thousand dollars”.
Advance payments for year 1972–73.
5. Section 7 of the Principal Act is amended—
(a) by omitting from sub-section (1.) the words “third column” and inserting in their stead the words “fourth column”; and
(b) by inserting after sub-section (1.) the following sub-section:—
“(1a.) 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 on primary schools and secondary schools conducted by that State, of amounts not exceeding in the aggregate the amount specified in the third column of that Schedule opposite to the name of that State.”.
The Schedule.
6. The Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—
THE SCHEDULE Sections 3 and 7.
First Column | Second Column | Third Column | Fourth Column |
State | Amount of Grant under Section 3(1.) | Amount of Grant under Section 3 (1a.) and Maximum Aggregate Amount of Payments under Section 7(1a.) | Maximum Aggregate Amount of Payments under Section 7(1.) |
| $ | $ | $ |
New South Wales..................... | 66,730,000 | 2,120,000 | 33,365,000 |
Victoria........................... | 53,520,000 | 1,700,000 | 26,760,000 |
Queensland......................... | 26,530,000 | 840,000 | 13,265,000 |
South Australia...................... | 28,760,000 | 910,000 | 14,380,000 |
Western Australia..................... | 19,600,000 | 620,000 | 9,800,000 |
Tasmania.......................... | 14,660,000 | 470,000 | 7,330,000 |
| 209,800,000 | 6,660,000 | 104,900,000 |
Overview
The States Grants (Capital Assistance) Act 1972 was enacted to amend the States Grants (Capital Assistance) Act 1971, providing further financial assistance to the states for capital expenditure on primary and secondary schools. Enacted by the Australian Parliament, this Act sought to address a gap in educational infrastructure funding by supplementing the existing grants with additional capital assistance for the 1971-72 financial year. The policy objective was to support state-run schools in enhancing their physical infrastructure, thus promoting better educational outcomes. The Act authorised increased borrowing capacity and detailed the distribution of grants and advance payments across the states, as specified in the amended Schedule.
The 1972 Act made specific amendments to the original Principal Act, including the insertion of new subsections to cater for the additional grants and advance payments for the specified period. It also updated the borrowing authority to reflect the increased financial commitments. The amended Schedule outlines the distribution of the grants and the maximum aggregate amount of payments to be made to each state, ensuring that the additional funding was appropriately allocated to meet the educational needs of the respective jurisdictions. This legislative update aimed to bridge the funding gap identified in the initial Act and support the ongoing development of educational facilities across Australia.
Scope and Application
The States Grants (Capital Assistance) Act 1972 amends the States Grants (Capital Assistance) Act 1971 to provide financial assistance for capital expenditure on primary and secondary schools in Australia during the 1971–72 financial year. This Act applies to the six Australian states: New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania, each of which is specified in the Schedule to the Act. The Act allows for the payment of grants and advance payments to these states for capital expenditure on schools conducted by them, with specific amounts allocated to each state as outlined in the amended Schedule. The Act's authority to borrow is also increased from $209,890,000 to $216,460,000 to accommodate the additional financial commitments. The Act's provisions are effective from the day it receives Royal Assent and extend to the financial year ending 30 June 1972, with specific provisions for advance payments allowed up until 31 December 1972. There are no stated exclusions, exemptions, or thresholds in the Act itself, but the application and implementation of the grants and payments may be further detailed in subordinate instruments.
Key Provisions
The main operative sections of the States Grants (Capital Assistance) Act 1972 are primarily concerned with amendments to the States Grants (Capital Assistance) Act 1971, focusing on financial assistance for capital expenditure on primary and secondary schools conducted by the states. Specifically, Section 3 of the Principal Act is amended to include a new sub-section (1a.), which mandates the payment of grants to specified states for the fiscal year ending 30 June 1972 (section 3). Section 4 of the Principal Act is revised to adjust the authorised borrowing amount from $209,800,000 to $216,460,000 (section 4). Additionally, Section 7 of the Principal Act is amended to allow the Treasurer to make advance payments during the six months starting from 1 July 1972, up to a specified aggregate amount for each state (section 5).
The Act imposes obligations on the Commonwealth Government to provide financial assistance to the states as outlined in the newly inserted sub-sections and the amended Schedule. The Commonwealth is required to disburse the grants as specified for the fiscal year ending 30 June 1972, and to make advance payments during the six-month period starting from 1 July 1972, ensuring the total payments do not exceed the amounts specified in the Schedule (section 3(1a.) and section 7(1a.)). The Treasurer is also authorised to borrow up to the revised amount as stipulated in Section 4 (section 4).
Breach of the provisions of this Act could lead to various civil or criminal consequences depending on the nature of the breach. For instance, failure to disburse the specified grants as mandated by Section 3(1a.) could be seen as non-compliance with legislative requirements, potentially leading to legal actions or penalties. Similarly, exceeding the authorised borrowing limit or mismanaging the advance payments could also result in legal repercussions. However, the Act does not explicitly state the maximum penalties for these breaches; thus, penalties would be determined based on the severity of the breach and applicable laws.