States Grants (Drought Reimbursement)
No. 30 of 1968
An Act to make provision for the Grant of Financial Assistance to the States of Victoria and South Australia for the purpose of meeting the Cost of Measures for Alleviating the Effects of Drought.
[Assented to 7 June 1968]
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 Reimbursement) Act 1968.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
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 before 1 July 1968.
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 the period to which this section applies, 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, less any other payments made by the Commonwealth to the State, by way of financial assistance for the purpose of meeting the cost of drought relief measures, during the period to which this section applies.
(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.
(4.) In this section, “the period to which this section applies” means the period that commenced on the first day of October, One thousand nine hundred and sixty-seven, and ends on the thirtieth day of June, One thousand nine hundred and sixty-eight.
Financial assistance on or after 1 July 1968.
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-eight, 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 Sections 4 and 5.
| $ |
Victoria....................... | 10,000,000 |
South Australia.................. | 5,000,000 |
Overview
The States Grants (Drought Reimbursement) Act 1968 was enacted by the Parliament of Australia to address the financial burden placed on the states of Victoria and South Australia due to the severe drought conditions experienced in 1967 and 1968. Assented to on 7 June 1968, this Act aimed to provide financial assistance to these states for the costs incurred in implementing measures to alleviate the effects of drought. The policy objective was to support these states in managing the economic and social impacts of the drought, ensuring that resources were available for necessary interventions without placing undue financial strain on state budgets.
Under this Act, the Treasurer was authorised to make payments to Victoria and South Australia, up to specified limits, to cover the costs of drought relief measures taken between 1 October 1967 and 30 June 1968, as well as any subsequent measures taken after 1 July 1968. These payments were to be subject to conditions set by the Treasurer, potentially including repayment terms, and were to be funded from the Consolidated Revenue Fund. The Act thus facilitated timely and necessary financial support to mitigate the adverse effects of drought on affected communities and agricultural sectors.
Scope and Application
The States Grants (Drought Reimbursement) Act 1968 applies to the specified states of Victoria and South Australia, providing financial assistance from the Commonwealth to meet the costs incurred by these states in implementing measures aimed at alleviating the effects of drought. The financial assistance can be in the form of payments or advances, and the Act specifies the maximum aggregate amounts for which each state can be reimbursed, with Victoria eligible for up to $10,000,000 and South Australia for up to $5,000,000. The Act allows for payments to be made out of the Consolidated Revenue Fund and sets out the conditions under which such payments can be made, including the possibility of repayment terms. The Treasurer has the authority to determine the conditions of any payments, including the terms of repayment. The Act applies to measures taken between the period starting on 1 October 1967 and ending on 30 June 1968, as well as measures taken on or after 1 July 1968, with the latter subject to the appropriation by the Parliament of the relevant sums. The Act extends its application through subordinate instruments by allowing the Treasurer to make advances on account of payments that may become payable under the Act.
Key Provisions
The main operative sections of the States Grants (Drought Reimbursement) Act 1968 (section 4 and section 5) authorise the Treasurer to provide financial assistance to the states of Victoria and South Australia to meet the costs of measures taken to alleviate the effects of drought. Specifically, section 4 allows for payments up to the specified amount during the period from 1 October 1967 to 30 June 1968, and section 5 allows for payments from 1 July 1968 onwards, up to the amounts appropriated by Parliament for each financial year. Payments can be made in aggregate up to the amounts listed in the Schedule, less any other payments made by the Commonwealth for the same purpose during the relevant period.
The Act imposes obligations on the Treasurer to make payments subject to the conditions specified in section 6, which may include conditions about the repayment of the whole or part of the amount. The Treasurer is also empowered to make advances to the states under section 7. These obligations ensure that the financial assistance is managed effectively and that any repayments are accounted for, maintaining the integrity of the funding process.
Breach of the conditions set out in the Act could have civil or criminal consequences. However, the Act does not explicitly state any specific offences, penalties, or maximum penalties for breach. The primary legal consequence of failing to comply with the conditions or repay the funds as required would likely be pursued through civil litigation for recovery of the funds, as there are no stated criminal penalties within the text of the Act itself. The absence of specific penalties suggests that reliance would be placed on the legal system to address non-compliance through civil action or other legal recourse.