States Grants (Capital Assistance) (No. 2)
No. 21 of 1972
An Act to amend the States Grants (Capital Assistance) Act 1971, as amended by the States Grants (Capital Assistance) Act 1972.
[Assented to 16 May 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 (No. 2) 1972.
(2.) The States Grants (Capital Assistance) Act 1971, as amended by the States Grants (Capital Assistance) Act 1972, is in this Act referred to as the Principal Act.
(3.) Section 1 of the States Grants (Capital Assistance) Act 1972 is amended by omitting sub-section (3.).
(4.) 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.
Authority to borrow.
3. Section 4 of the Principal Act is amended by omitting from sub-section (1.) the words “Two hundred and sixteen million, four hundred and sixty thousand dollars” and inserting in their stead the words “Two hundred and twenty-five million, seven hundred and sixty thousand dollars”.
The Schedule.
4. The Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—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............. | 69,690,000 | 2,120,000 | 34,845,000 |
Victoria.................... | 55,890,000 | 1,700,000 | 27,945,000 |
Queensland.................. | 27,710,000 | 840,000 | 13,855,000 |
South Australia............... | 30,030,000 | 910,000 | 15,015,000 |
Western Australia............. | 20,470,000 | 620,000 | 10,235,000 |
Tasmania................... | 15,310,000 | 470,000 | 7,655,000 |
| 219,100,000 | 6,660,000 | 109,550,000 |
Overview
The States Grants (Capital Assistance) Act (No. 2) 1972 was enacted by the Parliament of Australia to amend the States Grants (Capital Assistance) Act 1971, as subsequently amended by the States Grants (Capital Assistance) Act 1972. This legislation was introduced to address the need for updated provisions regarding the capital assistance provided to the states. The policy objective is to facilitate the distribution of financial resources to support infrastructure and development projects across the states, ensuring that the financial aid is aligned with the evolving needs of the Commonwealth and its states. The Act increases the borrowing authority for capital assistance grants and modifies the allocation of funds to various states, reflecting the changing priorities and requirements of state-level projects.
This Act was assented to on 16 May 1972, and it came into operation on the same day, ensuring swift implementation of the updated financial provisions. The changes include an increase in the authorised borrowing limit for the Principal Act and a revised schedule detailing the capital assistance grants to be provided to each state, aiming to support targeted development initiatives effectively.
Scope and Application
The States Grants (Capital Assistance) Act (No. 2) 1972 applies to the Commonwealth of Australia and the various states and territories within it. It specifically amends the States Grants (Capital Assistance) Act 1971 to alter the amounts authorised for borrowing and the allocation of grants for capital assistance to the states. The Act facilitates the financial support mechanism through which the Commonwealth provides capital assistance to the states, thereby impacting state-level infrastructure and development projects. The Act's amendments extend to the specific financial parameters outlined in its new Schedule, detailing the amount of grants and maximum aggregate payments for each state.
The Act has a national jurisdictional reach, applying to all states and territories of Australia, as it pertains to the distribution of capital assistance grants. There are no stated exclusions or exemptions within the text, and the application of the Act is direct without reliance on subordinate instruments for extension or restriction. The Act’s amendments are effective from the day of Royal Assent, thus immediately adjusting the financial framework for capital assistance to the states as per the revised amounts and allocations specified in the new Schedule.
Key Provisions
The States Grants (Capital Assistance) Act (No. 2) 1972 makes several key amendments to the States Grants (Capital Assistance) Act 1971, as amended by the States Grants (Capital Assistance) Act 1972. Section 1 of the Act provides for its citation and the reference to the Principal Act, which is the original legislation it amends. The Act also specifies the new citation of the amended Principal Act as the States Grants (Capital Assistance) Act 1971-1972. Section 2 states that the Act comes into operation on the day it receives Royal Assent, which was on 16 May 1972.
Section 3 of the Act amends Section 4 of the Principal Act by increasing the borrowing authority from Two hundred and sixteen million, four hundred and sixty thousand dollars to Two hundred and twenty-five million, seven hundred and sixty thousand dollars. This change in borrowing authority allows for additional funding to be made available for capital assistance grants to the states. Section 4 repeals the existing Schedule of the Principal Act and replaces it with a new Schedule that details the specific grants allocated to each state, including the amount of grant under Section 3(1), the amount of grant under Section 3(1a), and the maximum aggregate amount of payments under Section 7(1) and Section 7(1a) for each state.
The obligations imposed by the Act primarily revolve around the allocation and disbursement of the specified grants to the states. The Commonwealth, under this Act, is obligated to provide the capital assistance grants as outlined in the new Schedule. Each state is entitled to receive the amount specified for it, and the maximum aggregate amount of payments must not be exceeded. The Act also requires that the funds be used for the purposes intended under the Principal Act, which typically includes infrastructure and other capital projects.
For breaches of the Act, the legislation does not explicitly outline specific offences or penalties within the text provided. However, breaches of provisions related to the misuse of funds or non-compliance with the terms of the grants could potentially lead to civil or criminal consequences under other applicable laws. The penalties for such breaches could vary significantly depending on the nature of the breach and the jurisdiction's laws governing public funds and administrative compliance.