States Grants (Dwellings for Pensioners) Amendment Act 1977

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STATES GRANTS (DWELLINGS FOR PENSIONERS) AMENDMENT ACT 1977

No. 33 of 1977

An Act to amend the States Grants (Dwellings for Pensioners) Act 1974.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title, &c.

1. (1) This Act may be cited as the States Grants (Dwellings for Pensioners) Amendment Act 1977.

(2) The States Grants (Dwellings for Pensioners) Act 1974 is in this Act referred to as the Principal Act.

Commencement.

2. This Act shall come into operation on 1 July 1977.

Interpretation.

3. Section 3 of the Principal Act is amended—

(a) by inserting in sub-section (1), after the definition of “eligible pensioner”, the following definition:—

“‘nominated building scheme’ means a building scheme that has been specified by a State as a nominated building scheme under section 4a;”;

(b) by omitting from the definition of “period to which this Act applies” in sub-section (1) the figures “1977” and substituting the figures “1978”; and

(c) by inserting in sub-section (2), after the words “approved building scheme”, the words “or nominated building scheme”.

Approval of building schemes.

4. Section 4 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “The Minister” and substituting the words “Subject to sub-section (4), the Minister”;

(b) by omitting from sub-section (3) the words “The Minister” and substituting the words “Subject to sub-section (4), the Minister”; and

(c) by adding at the end thereof the following sub-section:—

“(4) The Minister shall not exercise his powers under sub-section (1) or (3) on or after 1 July 1977.”.

5. After section 4 of the Principal Act the following section is inserted:—

Nominated building schemes.

“4a. (1) Subject to sub-section (2), a State may, before 1 July 1978, by notice in writing to the Minister containing particulars of a building scheme in connexion with the provision by the State or an authority of the State of self-contained dwellings for eligible pensioners, specify that building scheme as a nominated building scheme for the purposes of this Act.

“(2) Sub-section (1) does not apply in relation to a building scheme if the erection, alteration or extension of any building in pursuance of the scheme was begun before 1 January 1977.

“(3) A State may notify the Minister in writing of a variation of a nominated building scheme or of an approved building scheme and any such variation takes effect, for the purposes of the application of this Act in relation to the building scheme, at the time when the Minister receives notice of the variation.”.

Grants in connexion with building schemes.

6. Section 5 of the Principal Act is amended—

(a) by inserting in sub-section (1), after the words “approved building scheme”, the words “or nominated building scheme

(b) by omitting from the end of paragraph (b) of sub-section (5) the word “and”;

(c) by adding at the end of sub-section (5) the following word and paragraph:—

“; and (d) in the case of payments before 1 July 1978—$40,000,000.”; and

(d) by omitting from sub-section (7) the figure “3” and substituting the figure “4”.

Conditions of grant.

7. Section 6 of the Principal Act is amended—

(a) by omitting paragraph (a) and substituting the following paragraph:—

“(a) that the State will ensure that the amount of the payment is expended in connexion with the approved building scheme or nominated building scheme to which the authorization relates;”;

(b) by inserting in paragraph (b), after the words “approved building scheme”, the words “or nominated building scheme”;

(c) by inserting in paragraph (c), after the words “approved building schemes”, the words “or nominated building schemes”; and

(d) by inserting in paragraph (d), after the words “approved building scheme”, the words “or nominated building scheme”.

8. Section 7 of the Principal Act is repealed and the following section substituted:—

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 a nominated building scheme exceeds the final cost of the scheme and the period to which this Act applies has expired, the Minister may exercise his powers under section 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 nominated building scheme in the State or of carrying out a variation of any nominated building scheme in the State.”.

Schedule.

9. The Schedule to the Principal Act is repealed and the following Schedule substituted:—

SCHEDULE Section 5(4)

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

16,280,000

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

10,120,000

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

5,960,000

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

3,720,000

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

2,800,000

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

1,120,000

 

40,000,000

 

Overview

The States Grants (Dwellings for Pensioners) Amendment Act 1977 was enacted to amend the States Grants (Dwellings for Pensioners) Act 1974. This legislation was introduced to address certain deficiencies and make improvements to the existing framework governing grants for the construction of dwellings for pensioners. Enacted by the Queen, in accordance with the authority vested in her by the Parliament of the Commonwealth of Australia, the Act aims to refine the process and conditions under which such grants are provided, ensuring they effectively support the needs of eligible pensioners. The policy objective behind this amendment is to enhance the efficiency and targeting of financial assistance towards the construction of suitable housing for pensioners, thereby improving their living conditions. The Act allows states to specify "nominated building schemes" for the construction of self-contained dwellings for eligible pensioners, provided the construction work has not commenced before 1 January 1977. It also adjusts the conditions under which grants are provided, ensuring the funds are correctly allocated and utilized. Additionally, the Act introduces provisions for the adjustment of payments if the actual costs of a scheme are less than the amount paid, allowing the excess to be applied towards other eligible schemes or variations within the state. This amendment reflects a commitment to ensuring that the grants are used in the most effective manner to benefit pensioners.

Scope and Application

The States Grants (Dwellings for Pensioners) Amendment Act 1977 applies to the states and territories of Australia, specifically targeting the provision of self-contained dwellings for eligible pensioners. The Act amends the States Grants (Dwellings for Pensioners) Act 1974 by introducing the concept of "nominated building schemes," which allows states to specify particular building schemes for the purpose of providing dwellings for eligible pensioners. This Act is applicable to building schemes that have not commenced before 1 January 1977. Notably, the Minister’s power to approve building schemes is restricted from 1 July 1977 onwards. Additionally, the Act introduces provisions for the adjustment of payments if the amount paid to a state exceeds the final cost of a nominated building scheme, allowing the excess amount to be applied towards another scheme or a variation of an existing scheme. The Act provides financial allocations for different states, ensuring that the grants are distributed according to the specified amounts outlined in the substituted Schedule.

Key Provisions

The States Grants (Dwellings for Pensioners) Amendment Act 1977 (the "Act") amends the States Grants (Dwellings for Pensioners) Act 1974 (the "Principal Act") to introduce new provisions regarding the approval of building schemes and grants for the construction of self-contained dwellings for eligible pensioners. The Act introduces the concept of a "nominated building scheme" (section 3(1)(a)) and allows states to specify such schemes by providing particulars to the Minister before 1 July 1978 (section 4a(1)). Importantly, the Minister is prohibited from exercising certain powers under the Act after 1 July 1977 (section 4(4)). The Act imposes obligations on states to ensure that any payments made in relation to approved or nominated building schemes are used to meet the costs of those schemes (section 6(a)). It further outlines conditions for the grant of funds and specifies that payments exceeding the final cost of a nominated building scheme may be reallocated towards another scheme or variation within the same state (section 7). In terms of enforcement, the Act does not explicitly outline specific offences or penalties for non-compliance with its provisions. However, non-compliance with the terms of grants or misuse of funds could potentially lead to civil or criminal liability under other relevant laws, including the Public Governance, Performance and Accountability Act 2013. The maximum penalties for breaches of the Public Governance, Performance and Accountability Act 2013 can vary, but for serious breaches, the penalty can extend to a fine of up to $21,000 or imprisonment for up to five years, or both, for individuals, and for corporations, the fine can be up to 105,000 penalty units (currently AUD 19.8 million).

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Area of Law
Social Security Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Conditions of grant

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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.