States Grants (Capital Assistance) Act (No. 3) 1972

Administered by Department of the Treasury

Legislation au C1972A00077 Not in force Act

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States Grants (Capital Assistance) (No. 3)

No. 77 of 1972

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 27 September 1972]

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 (No. 3) 1972.

Commencement.

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

Grants to States during year 197273.

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-three, 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 sub-section (1.) of section 7 of the States Grants (Capital Assistance) Act 19711972.

(2.) In addition to the amount payable under the last preceding sub-section, 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-three, 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, less the sum of any payments made to that State under sub-section (1a.) of section 7 of the States Grants (Capital Assistance) Act 19711972.

(3.) 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 year 197374.

4. The Treasurer may, during the period of six months commencing on the first day of July, One thousand nine hundred and seventy-three, 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 fourth 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 the next succeeding sub-section, the Treasurer may, during the period commencing on the date of commencement of this Act and ending on the thirty-first day of December, One thousand nine hundred and seventy-three, in accordance with the provisions of the Commonwealth Inscribed Stock Act 19111966, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate Three hundred and eighty-six million, one hundred and forty-eight thousand, five hundred 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-two, and ending immediately before the date of 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 reduced by the sum of the moneys borrowed during that period.

Application of moneys borrowed.

7. 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 this Act and for the purpose of making payments to the Consolidated Revenue Fund in accordance with the next succeeding section.

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 7 of the States Grants (Capital Assistance) Act 19711972, 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 19011969, 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 this Act and under section 7 of the States Grants (Capital Assistance) Act 19711972.

Appropriations.

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

 

THE SCHEDULE Sections 3 and 4.

First Column

Second Column

Third Column

Fourth Column

State

Amount of Grant under Section 3 (1.)

Amount of Grant under Section 3 (2.)

Maximum Aggregate Amount of Payments under Section 4

 

$

$

$

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

79,051,000

4,246,000

39,525,500

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

63,405,000

3,405,000

31,702,500

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

31,429,000

1,683,000

15,714,500

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

34,074,000

1,823,000

17,037,000

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

23,213,000

1,242,000

11,606,500

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

17,367,000

941,000

8,683,500

 

248,539,000

13,340,000

124,269,500

 

Overview

The States Grants (Capital Assistance) Act (No. 3) 1972 was enacted by the Parliament of Australia to address the need for financial assistance to the states for capital expenditure, particularly in education. This Act builds on the framework established by the States Grants (Capital Assistance) Act 1971–1972, providing further financial support to the states for the year ending 30 June 1973, and allowing for advance payments for the year 1973–74. The Act also authorises the Commonwealth to borrow certain funds to facilitate these payments. The policy objective of this Act is to support state-level capital projects, particularly in the education sector, by providing necessary financial assistance to ensure the efficient and effective execution of these projects. The funds are to be drawn from the Consolidated Revenue Fund or the Loan Fund, with provisions for reimbursement to the Consolidated Revenue Fund where necessary.

Scope and Application

The States Grants (Capital Assistance) Act (No. 3) 1972 applies to the states of Australia as identified in the Schedule attached to the Act. Specifically, it provides for financial assistance to these states in relation to capital expenditure, with particular regard to expenditure on primary and secondary schools. The Act authorises the Commonwealth Treasurer to make payments out of the Consolidated Revenue Fund or the Loan Fund to the states during the financial year ending June 30, 1973, and allows for advance payments to be made for the financial year 1973-74. Additionally, the Act permits the Treasurer to borrow up to a specified amount to facilitate these payments. The Act extends to the whole of the Commonwealth of Australia, and its application is not restricted by any specific exclusions, exemptions, or thresholds outlined in the text. However, the Act may be extended or restricted through subordinate instruments as necessary.

Key Provisions

The States Grants (Capital Assistance) Act (No. 3) 1972 primarily provides financial assistance to specified states for capital expenditure, including on primary and secondary schools. Section 3 outlines that payments will be made to the states listed in the schedule, with the amounts specified for general capital assistance and for primary and secondary schools. The Treasurer has the discretion to determine the payment amounts and timing (s. 3). Section 4 allows the Treasurer to make advance payments to states for the following financial year, up to the specified maximum aggregate amounts outlined in the schedule. Payments under this Act must be made from either the Consolidated Revenue Fund or the Loan Fund (s. 5). The Act imposes several obligations on the Commonwealth Treasurer. The primary obligation is to make the specified payments to the states within the amounts and timelines outlined in the Act (s. 3). The Treasurer is also authorised to borrow up to AUD 386,148,500 to fund these payments, subject to certain conditions (s. 6). Additionally, the Treasurer has the authority to reimburse the Consolidated Revenue Fund from the Loan Fund if funds have been paid out under this Act (s. 7, s. 8). Breach of the Act’s provisions does not explicitly outline specific offences, penalties, or civil/criminal consequences within the text provided. However, the Act does establish the framework for financial assistance and borrowing, implying that failure to adhere to these provisions could lead to legal consequences under broader financial and administrative laws. The Act's focus is more on the financial mechanisms and obligations rather than punitive measures for non-compliance.

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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.