States Grants (Dwellings for Pensioners) Act 1974

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STATES GRANTS (DWELLINGS FOR

PENSIONERS) ACT 1974

No. 160 of 1974

An Act to grant Financial Assistance to the States in connexion with the Provision of Self-contained Dwellings for certain Pensioners.

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 (Dwellings for Pensioners) Act 1974.

Commencement.

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

Definitions.

3. (1) In this Act, unless the contrary intention appears—

“approved building scheme” means a building scheme approved by the Minister under section 4;

‘‘building scheme” includes—

(a) the purchase of land, with or without a building;

(b) the planning, erection, alteration or extension of a building;

(c) the development or preparation of land for the erection or extension of a building;

(d) the installation of water, electricity or other services; and

(e) the provision of fixtures, fittings and appliances (other than furniture and furnishings) in or in connexion with a building;

“eligible pensioner” means a person who—

(a) is in receipt of an age pension or an invalid pension under Part III of the Social Services Act 1947-1974 and is a person to whom section 30a of that Act applies;

(b) being a Class B widow within the meaning of Part IV of the Social Services Act 1947-1974, is in receipt of a pension under that Part and is a person to whom section 65a of that Act applies; or

(c) is in receipt of a service pension under section 84 or 85 of the Repatriation Act 1920-1974, is a person to whom section 98a of that Act applies, and, in the case of a person who is in receipt of a pension under section 85 of that Act, is qualified under sub-section 85(2) of that Act to receive that pension;

“period to which this Act applies” means the period that commenced on 1 July 1974 and ends on 30 June 1977;

“self-contained dwelling” means a dwelling that contains living, sleeping, cooking, bathing and sanitary facilities that are not shared with another dwelling and is designed for occupation by 1 person only at a time.

(2) In this Act, a reference to an approved building scheme includes a reference to such a scheme as varied for the time being under this Act.

Approval of building schemes.

4. (1) The Minister may, during the period to which this Act applies, by writing under his hand, approve a building scheme in connexion with the provision by a State or an authority of a State of self-contained dwellings for eligible pensioners.

(2) The Minister may, in pursuance of sub-section (1), approve a building scheme formulated before the commencement of this Act (including a scheme formulated before the commencement of the period to which this Act applies) but he shall not approve a building scheme if the erection, alteration or extension of any building in pursuance of the scheme was begun before 1 January 1974.

(3) The Minister may, at the request of the relevant State, by writing under his hand, approve a variation of an approved building scheme.

Grants in connexion with approved building schemes.

5. (1) The Minister may, during the period to which this Act applies, authorize the payment to a State under this Act in relation to an approved building scheme in that State, by way of financial assistance, of such amounts as, subject to sub-sections (4) and (5), he determines.

(2) The Minister may revoke or, subject to sub-sections (4) and (5), vary an authorization under this section but a State is not liable to repay an amount to Australia by reason only of the revocation or variation of an authorization.

(3) Where—

(a) the Minister varies an authorization under this section by reducing the amount of the authorization; and

(b) an amount in excess of the reduced amount has been paid to the State by virtue of the authorization,

the Minister may direct that the excess shall be deemed to have been paid in pursuance of another authorization.

(4) The Minister shall not authorize the payment to a State under this section of an amount that exceeds, or of amounts that exceed in the aggregate, the amount specified in the Schedule opposite to the name of that State.

(5) The Minister shall not authorize payments under this section of amounts that exceed in the aggregate—

(a) in the case of payments before 1 July 1975—$10,000,000;

(b) in the case of payments before 1 July 1976—$20,000,000; and

(c) in the case of payments before 1 July 1977—$30,000,000.

(6) The Minister may, at any time during the period to which this Act applies, by writing under his hand, determine that this Act shall have effect as if the amount specified in the Schedule opposite to the name of a State were varied as set out in the determination.

(7) The Minister shall not make a determination under sub-section by virtue of which the maximum amount payable under this Act would exceed $30,000,000.

(8) The Minister shall not make a determination under sub-section by virtue of which the maximum amount payable under this Act to a State would be reduced unless the State has consented to the reduction.

(9) The Minister shall cause a copy of a determination under sub-section (6) to be published in the Gazette.

Conditions of grant.

6. Payment of an amount to a State in pursuance of an authorization under section 5 is subject to the following conditions:—

(a) that the State will ensure that the amount of the payment is expended, as approved by the Minister, in connexion with the approved building scheme to which the authorization relates;

(b) that the State will, whenever requested by the Minister, furnish to the Minister a report—

(i) as to the progress of work, and the expected rate of further progress of work, in connexion with the approved building scheme to which the authorization relates; or

(ii) if work has not commenced in connexion with the scheme at the time when the request is made—as to the expected time of commencement of work, and the expected rate of progress of work, in connexion with the scheme;

(c) that the State will furnish to the Minister as soon as practicable after the end of each financial year that is included in the period to which this Act applies—

(i) a statement setting out the amounts expended by the State during that financial year in connexion with approved building schemes and accompanied by a certificate of the Auditor-General of the State certifying that the amounts specified in the statement were expended as shown in the statement; and


(ii) such further information, if any, as the Minister requires relating to the operation of this Act in relation to the State during that financial year;

(d) that, if the weekly rate at which rent is payable to the State or an authority of the State in respect of a dwelling erected in pursuance of an approved building scheme is at any time less than the maximum weekly rate at which an allowance under section 30a of the Social Services Act 1947-1974 is payable at that time, the State will ensure that the weekly rate at which that rent is payable is, as soon as practicable, increased to a weekly rate that is not less than the maximum weekly rate at which that allowance is payable for the time being;

(e) that, if the Minister informs the Treasurer of the State that he is satisfied that the State has failed to fulfil a condition applicable to the amount so paid, the State will repay that amount, or such part of that amount as the Minister thinks reasonable, to Australia; and

(f) that, if the amount so paid exceeds the amount properly payable, the State will repay the excess to Australia.

Adjustment of payments.

7. Where the sum of the amounts paid to a State in pursuance of an authorization under section 5 in relation to an approved building scheme exceeds the final cost of that scheme and the period to which this Act applies has expired, the Minister may exercise his powers under sections 4 and 5 as if that period had not expired for the purpose of enabling the State to apply the amount of the excess towards meeting the cost of another approved building scheme in the State or of carrying out a vari­ation of any approved building scheme in the State.

Appropriation.

8. Amounts payable to a State under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

Annual report by the Minister.

9. The Minister shall, as soon as practicable after the end of each financial year that is included in the period to which this Act applies, cause a statement to be laid before each House of the Parliament setting out the payments that have been made under section 5 during that financial year and specifying the building schemes in relation to which the payments have been so made and the number of self-contained dwellings provided, or to be provided, under each scheme.

__________

 

SCHEDULE  Section 5(4)

 

$

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

12,210,000

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

7,590,000

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

4,470,000

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

2,790,000

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

2,100,000

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

840,000

 

30,000,000

 

Overview

The States Grants (Dwellings for Pensioners) Act 1974 was enacted to provide financial assistance to the states for the construction of self-contained dwellings for eligible pensioners. Enacted by the Queen, the Senate, and the House of Representatives of Australia, this Act addresses the gap in providing suitable housing for pensioners by offering grants to states to fund the development of appropriate dwellings. The primary policy objective is to ensure that eligible pensioners have access to safe, comfortable, and affordable housing through state-run building schemes, which must be approved by the Minister for Social Services. The Act outlines the process for approving such schemes, the conditions under which grants are made, and the reporting requirements for the states. The Act specifies that eligible pensioners include those receiving an age pension, an invalid pension, a Class B widow’s pension, or a service pension. It defines a self-contained dwelling as a residence with all necessary facilities for living, cooking, bathing, and sanitation, designed for single occupancy. By providing financial support, the Act aims to facilitate the construction of these dwellings within the specified period from 1 July 1974 to 30 June 1977, while also imposing conditions on the use of the grants to ensure accountability and proper expenditure.

Scope and Application

The States Grants (Dwellings for Pensioners) Act 1974 applies to the provision of financial assistance by the Commonwealth to the states for the erection of self-contained dwellings for eligible pensioners. The Act is applicable to states and authorised state authorities within the Commonwealth of Australia. An eligible pensioner is defined as a person in receipt of an age pension, an invalid pension, a Class B widow's pension, or a service pension under specific acts, and meeting certain criteria. The Act applies to building schemes that include the purchase of land, planning, construction, and other activities related to the development of self-contained dwellings for these pensioners, provided that construction has not commenced prior to 1 January 1974. The Minister is authorised to approve building schemes and determine the amounts to be paid to states, subject to specified conditions and limits. These limits include a cap on total payments and per-state allocations as detailed in the Act's Schedule. The Minister also has the authority to adjust payments and revoke or vary authorisations, with certain protections for states against repayment obligations arising from such actions. The Act is in force from its Royal Assent until 30 June 1977 and is administered through the Consolidated Revenue Fund.

Key Provisions

The main operative sections of the States Grants (Dwellings for Pensioners) Act 1974 (Cth) include sections 4, 5, and 6, which detail the approval of building schemes and the conditions attached to financial assistance grants. Section 4 allows the Minister to approve building schemes related to the provision of self-contained dwellings for eligible pensioners, with the condition that any building work must commence after 1 January 1974. Section 5 outlines the financial assistance grants that the Minister can authorize to States for approved building schemes, subject to specific limits and conditions. Section 6 imposes several conditions on the payment of grants to ensure proper use of funds and compliance with the Act, such as ensuring that the funds are used for the intended purpose and that reports on the progress and expenditure are submitted to the Minister. The Act imposes several obligations on the parties it governs. States and authorities within the states must ensure that any approved building schemes are carried out according to the terms set out in the Act. This includes adhering to the conditions for financial assistance grants, such as ensuring that rent rates for dwellings are not below certain thresholds and that reports are submitted to the Minister detailing the progress and expenditure related to the schemes. The Minister has the authority to revoke or vary grants if it is found that a State has failed to comply with these conditions. Breaches of the Act can lead to both civil and administrative consequences. If a State fails to comply with the conditions attached to the financial assistance grants, it may be required to repay any excess amounts paid or any amounts deemed improperly paid. The Minister has the power to direct how excess funds should be accounted for and to publish any determinations in the Gazette. Additionally, the Minister is required to submit an annual report to Parliament detailing the payments made under the Act, the schemes they relate to, and the number of dwellings provided. Failure to adhere to the conditions or to submit the required reports may result in financial penalties or other administrative actions as deemed necessary by the Minister.

Legal classification tags

Area of Law
Social Security Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Conditions of Grant
Reporting & Disclosure Obligations

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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.