States Grants (Capital Assistance) Act 1973

Administered by Department of the Treasury

Legislation au C2004A00051 Not in force Act

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States Grants (Capital Assistance) Act 1973

 

No. 150 of 1973

 

 

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
Australian Government.

[Assented to 27 November 1973]

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 (Capital Assistance) Act 1973.

Commencement.

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

Grants to States during year 1973-74.

3. (1) There is payable to a State specified in the first column of the Schedule, during the year ending on 30th June, 1974, 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 payments made to that State under section 4 of the States Grants (Capital Assistance) Act (No. 3) 1972.

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


Advance payments to States for 1974-75.

4. The Treasurer may, during the period of six months commencing on 1st July, 1974, make payments to a State specified in the first column of the Schedule, 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.

Payments to States to be made out of Consolidated Revenue Fund or Loan Fund.

5. Payments to a State for the purposes of this Act may be made out of the Consolidated Revenue Fund or the Loan Fund.

Authority to borrow.

6. (1) Subject to sub-section (2), the Treasurer may, during the period commencing on the date of commencement of this Act and ending on 31st December, 1974, 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 Four hundred and seventeen million, four hundred and sixty thousand, five hundred dollars.

(2) The aggregate amount of moneys that may be borrowed under sub-section (1) is reduced by the sum of the moneys (if any) borrowed by the Treasurer in accordance with sub-section 6(1) of the States Grants (Capital Assistance) Act (No. 3) 1972 for the purpose of making payments to the States in accordance with section 4 of that Act.

Application of moneys borrowed.

7. Moneys borrowed under sub-section 6(1) shall be issued and applied only for the expenses of borrowing, for the purpose of making payments to the States in accordance with this Act and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 8.

Reimbursement of Consolidated Revenue Fund from Loan Fund.

8. (1) Where an amount has been paid out of the Consolidated Revenue Fund under this Act or under section 4 of the States Grants (Capital Assistance) Act (No. 3) 1972, the Treasurer may authorize the payment to that Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

(2) 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 sub-section (1) of this 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 this Act and under section 4 of the States Grants (Capital Assistance) Act (No. 3) 1972.

Appropriation.

9. The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.


SCHEDULE  Sections 3 and 4

First Column

Second Column

Third Column

State

Amount of Grant under Section 3(1)

Maximum Aggregate Amount of Payments under Section 4

 

$

$

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

86,551,000

43,275,500

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

70,789,000

35,394,500

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

36.987,000

18,493,500

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

37,625,000

18,812,500

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

25,806,000

12,903,000

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

20,549,000

10,274,500

 

278,307,000

139,153,500

 

_____________

Overview

The States Grants (Capital Assistance) Act 1973 was enacted by the Commonwealth Parliament to provide financial assistance to Australian states for capital expenditure. This legislation was designed to address the need for federal support in aiding the states to undertake significant infrastructure and development projects. The Act allows for the payment of grants to the states for capital projects, the possibility of advance payments, and the authority for the Commonwealth to borrow funds if necessary to meet these obligations. The Act specifies the amounts to be granted to each state, the timeframe for these grants and payments, and the sources from which these payments can be made, including the Consolidated Revenue Fund or the Loan Fund. The policy objective of this Act is to support the states in their capital expenditure by providing timely and necessary financial assistance, thereby enabling them to undertake projects that contribute to national development and economic growth. This support is intended to help balance fiscal responsibilities between the federal and state governments and to facilitate coordinated infrastructure projects that benefit the entire nation.

Scope and Application

The States Grants (Capital Assistance) Act 1973 provides financial assistance to specified states for capital expenditure. The Act applies to the states listed in the schedule, namely New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania. The amounts specified in the schedule for each state represent the financial assistance provided under this Act. The Act also authorizes the Treasurer to make advance payments for the financial year 1974-75 within the specified limits and allows borrowing to facilitate these payments. Payments are to be made from the Consolidated Revenue Fund or the Loan Fund, and the Act appropriates these funds for its purposes. The Act’s reach is limited to the Commonwealth of Australia, and it does not specify any exclusions or exemptions. The scope and application of this Act may be extended or restricted through subordinate instruments issued under its authority.

Key Provisions

The States Grants (Capital Assistance) Act 1973 (sections 3 and 4) outlines the financial assistance to be granted to the states for capital expenditure. Specifically, section 3(1) mandates that a specified amount is payable to each state listed in the schedule during the financial year ending 30 June 1974. This amount is to be deducted by any payments made under section 4 of the States Grants (Capital Assistance) Act (No. 3) 1972. Section 4 allows the Treasurer to make advance payments to the states within a six-month period starting from 1 July 1974, up to the maximum aggregate amount specified for each state in the schedule. Payments under this Act can be sourced from either the Consolidated Revenue Fund or the Loan Fund, as stipulated in section 5. The Act imposes several obligations on the Treasurer. Under section 3, the Treasurer must determine the amounts and timing of the payments to be made to each state. Section 4 provides the Treasurer with the discretion to make advance payments during a specified period, subject to the aggregate limits set out in the schedule. Furthermore, section 6 authorises the Treasurer to borrow up to a specified amount, subject to reductions based on prior borrowings for similar purposes, with the borrowed funds to be applied for the purposes outlined in section 7. The Treasurer also has the authority to reimburse the Consolidated Revenue Fund from the Loan Fund, as per section 8, ensuring that any payments made from the Consolidated Revenue Fund are appropriately accounted for. The Act does not explicitly outline specific offences, penalties, or consequences for breaches within the text provided. However, breaches of statutory obligations or misuse of funds could potentially lead to legal actions under broader Commonwealth legislation or administrative law principles. The penalties for such breaches would depend on the specific nature of the breach and the relevant laws applicable at the time.

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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.