States Grants (Home Care) Act 1973
No. 127 of 1973
AN ACT
To amend the States Grants (Home Care) Act 1969.
[Assented to 13 November 1973]
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the States Grants (Home Care) Act 1973.
(2) The States Grants (Home Care) Act 1969 is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the States Grants (Home Care) Act 1969–1973.
Commencement.
2. This Act shall be deemed to have come into operation on 22 August 1973.
Grant of financial assistance in connexion with home care services.
3. (1) Section 6 of the Principal Act is amended—
(a) by omitting from sub-section (1) the word “one-half” and substituting the word “two-thirds”; and
(b) by omitting sub-section (2) and substituting the following subsection:—
“(2) The amount payable to a State under this section in respect of expenditure in the year that commenced on 1 July 1973. or a subsequent year shall not be greater than the amount which.
when deducted from the total amount of the expenditure of the State in the year concerned, being expenditure referred to in sub-section (1), would leave a remainder equal to one-half of the total amount of the expenditure of the State in the year that ended on 30 June 1973, being expenditure referred to in sub-section (1).”.
(2) The amendment made by paragraph (a) of sub-section (1) applies in respect of expenditure in the year that commenced on 1 July 1973 or in a subsequent year.
Grant of financial assistance to respect of approved capital costs.
4. (1) Section 9 of the Principal Act is amended—
(a) by omitting from sub-section (1) the word “one-half” and substituting the word “two-thirds”; and
(b) by omitting sub-section (3).
(2) The amendments made by sub-section (1) apply only in relation to projects approved on or after 22 August 1973.
Grant of financial assistance in respect of salaries.
5. (1) Section 10 of the Principal Act is amended by omitting from sub-section (1) the word “one-half” and substituting the word “two-thirds”.
(2) The amendment made by sub-section (1) applies only in relation to a period commencing on or after 22 August 1973.
6. Section 17 of the Principal Act is repealed and the following section substituted:—
Appropriation.
“17. Amounts payable to a State under Part II or Part III are payable out of moneys appropriated from time to time by the Parliament for the purpose.”.
Formal amendments.
7. The Principal Act is amended as set out in the Schedule.
SCHEDULE Section 7
Provision | Amendment |
Section 4(1)........... | From the definition of “approved project” omit “of this Act”. |
Section 4(2)........... | Omit “the first day of July, One thousand nine hundred and sixty-nine” substitute “1 July 1969”. |
Section 11(a).......... | Omit “of this Act”. |
Overview
The States Grants (Home Care) Act 1973 was enacted to amend the States Grants (Home Care) Act 1969, addressing the need to increase financial assistance for home care services across Australia. This Act was passed by the Queen, the Senate, and the House of Representatives of Australia and came into operation on 22 August 1973. The primary objective of the Act was to enhance the financial support provided to states for home care services by increasing the Commonwealth's contribution from one-half to two-thirds of the total expenditure. This amendment was intended to better support the delivery of home care services, ensuring they could meet the increasing demand while reducing the financial burden on the states. Additionally, the Act introduced changes to the appropriation of funds, ensuring that payments to states for home care services were made from moneys specifically appropriated by the Parliament for this purpose.
Scope and Application
The States Grants (Home Care) Act 1973 amends the States Grants (Home Care) Act 1969, primarily to adjust the financial assistance provided by the Commonwealth to states in relation to home care services. This Act applies to states and territories within Australia, as they are the recipients of the financial assistance. It pertains to expenditure on home care services, including approved capital costs and salaries associated with such services, and the revised contributions from the Commonwealth are intended to cover two-thirds of these costs, as opposed to the previous half. The Act came into operation on 22 August 1973, and the amendments apply to expenditures and projects approved from this date onwards. Notably, the Act does not specify any exclusions or exemptions but alters the financial arrangements through direct amendments and repeals, ensuring that the financial assistance is now paid out of appropriated funds by the Parliament. Subordinate instruments may further define the terms and conditions of the assistance provided under this Act.
Key Provisions
The States Grants (Home Care) Act 1973 (referred to as the Act) amends the States Grants (Home Care) Act 1969 (referred to as the Principal Act). The main sections of the Act include the amendment of the Principal Act's financial assistance provisions for home care services (section 3), approved capital costs (section 4), and salaries (section 5). Section 6 of the Principal Act is amended to increase the federal government's contribution from one-half to two-thirds of the total expenditure for home care services, capital costs, and salaries, effective from 1 July 1973. Additionally, section 17 of the Principal Act is repealed and replaced with a new section stating that the financial assistance is payable from moneys appropriated by the Parliament (section 17).
The Act imposes several obligations on the parties it governs. Firstly, it requires that the federal government's financial contribution to home care services, approved capital costs, and salaries be increased to two-thirds of the total expenditure, as outlined in sections 3, 4, and 5. Secondly, the Act mandates that the financial assistance is to be paid out of moneys appropriated by the Parliament, as stated in section 17. These obligations are in addition to the formal amendments made to the Principal Act, such as the amendments to the definition of "approved project" (Schedule, section 7), the adjustment of the date in section 4(2) of the Principal Act, and the removal of certain references to the Principal Act from section 11(a).
The Act does not explicitly state any offences or penalties for breach of its provisions. However, failure to comply with the amended financial assistance provisions could lead to legal consequences. For example, if a state fails to meet the increased federal contribution requirement, it may be subject to legal action from the federal government or other states. Additionally, if the federal government does not provide the financial assistance as stipulated in section 17, it may be held accountable for breach of contract or failure to fulfill its obligations under the Act. It is important for all parties governed by the Act to adhere to its provisions to avoid any potential legal consequences.