States Grants (Drought Assistance)
No. 31 of 1966
An Act to make provision for the grant of Financial Assistance to the States of New South Wales and Queensland in relation to the Alleviation of the effects of Drought.
[Assented to 24 May, 1966]
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.
1. This Act may be cited as the States Grants (Drought Assistance) Act 1966.
Commencement.
2. This Act shall be deemed to have come into operation on the sixth day of December, One thousand nine hundred and sixty-five.
Interpretation.
3. A reference in this Act to the cost to a State of measures taken for the purpose of alleviating the effects of drought includes a reference to the amounts of loans made for that purpose by the State, or out of moneys provided by the State.
Financial assistance to New South Wales and Queensland before 1 July 1966.
4.—(1.) Subject to this section, the Treasurer may authorize the payment to a State specified in the Schedule to this Act, by way of financial assistance, of amounts not exceeding in the aggregate the cost to the State, during such period immediately preceding the first day of July, One thousand nine hundred and sixty-six, as is determined in consultation between the Commonwealth and the State, of measures taken for the purpose of alleviating the effects of drought.
(2.) Payments to a State under this section shall not exceed in the aggregate the amount specified in the Schedule to this Act opposite to the name of that State.
(3.) Payments under this section, and advances in respect of such payments, shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
Financial assistance to New South Wales and Queensland on or after 1 July 1966.
5.—(1.) Subject to this section, the Treasurer may authorize the payment to a State specified in the Schedule to this Act, by way of financial assistance, of amounts not exceeding in the aggregate the cost to the State, on or after the first day of July, One thousand nine hundred and sixty-six, of measures taken for the purpose of alleviating the effects of drought.
(2.) Payments to a State under this section in a financial year shall not exceed in the aggregate the sum of the amounts appropriated by the Parliament for the purposes of payments under this Act to that State during that financial year.
Conditions.
6.—(1.) Payment of an amount (including an advance) to a State under this Act is subject to such conditions, if any, as the Treasurer determines.
(2.) The conditions that may be determined by the Treasurer under the last preceding sub-section may include a condition as to repayment of the whole or a part of the amount.
Advances.
7. The Treasurer may, at such times as he thinks fit, out of moneys lawfully available, make advances to a State of such amounts as he thinks fit on account of an amount that may become payable under section 4 or section 5 of this Act to that State.
THE SCHEDULE
Section 4.
New South Wales.................................. | $ 17,000,000 |
Queensland....................................... | 9,000,000 |
Overview
The States Grants (Drought Assistance) Act 1966 was enacted to address the financial strain placed on the states of New South Wales and Queensland due to severe drought conditions. Assented to by the Queen on 24 May 1966, this Act was introduced by the Commonwealth Parliament to provide financial assistance to these states for measures aimed at alleviating the effects of drought. The Act allows the Treasurer to authorize payments to these states, with the total amount of assistance not exceeding the costs incurred by the states for drought alleviation measures. Payments are subject to specific conditions set by the Treasurer, which may include terms for repayment of the assistance. The Act came into operation on 6 December 1965, with specific financial limits set out in a schedule attached to the Act for New South Wales and Queensland.
Scope and Application
The States Grants (Drought Assistance) Act 1966 applies specifically to the states of New South Wales and Queensland, providing financial assistance to alleviate the effects of drought in these states. This assistance is available for measures taken immediately preceding the first day of July 1966 and for those taken on or after this date, subject to the conditions set out in the Act. The Act empowers the Treasurer to authorize payments out of the Consolidated Revenue Fund and allows for advances to be made to the states from moneys lawfully available. The financial assistance provided is contingent on the cost of measures taken by the respective states and is limited to the amounts specified in the Schedule, being $17,000,000 for New South Wales and $9,000,000 for Queensland. The Act also allows the Treasurer to impose conditions, including repayment terms, on the financial assistance provided. This legislation is an exercise of the Commonwealth's constitutional power to make grants to the states, aimed at supporting state-level efforts in managing the severe impacts of drought.
Key Provisions
The States Grants (Drought Assistance) Act 1966, establishes a framework for the Commonwealth to provide financial assistance to New South Wales and Queensland for measures aimed at alleviating the effects of drought. The primary sections of the Act (sections 4 and 5) outline the conditions under which financial assistance can be granted. Section 4 allows the Treasurer to authorise payments to the specified states for measures taken before 1 July 1966, up to the cost of those measures. These payments are limited to the amounts specified in the Schedule attached to the Act (section 4(2)) and are made from the Consolidated Revenue Fund (section 4(3)). Similarly, section 5 allows for payments to be made for measures taken on or after 1 July 1966, but these payments are subject to the aggregate limits set by Parliament for each financial year.
The Act imposes several obligations on the parties involved. The Treasurer is responsible for determining the conditions under which payments are made, including any conditions regarding the repayment of the financial assistance (section 6). This includes the authority to set conditions on the repayment of the whole or part of the amount. Additionally, the Treasurer has the discretion to make advances to the states at any time from moneys lawfully available, to cover amounts that may become payable under sections 4 or 5 (section 7).
Breach of the conditions set by the Treasurer for the payment of financial assistance may lead to various consequences. However, the Act does not explicitly detail specific offences, penalties, or consequences for non-compliance. It is implied that failure to adhere to the agreed conditions could result in the withholding of further payments or other administrative actions, but the exact nature of these consequences would depend on the specific terms of the agreement and the discretion exercised by the Treasurer. The Act's focus is primarily on providing a legal basis for financial assistance and the terms under which it is provided, rather than on punitive measures for non-compliance.