States Grants (Housing Assistance) Act 1974

Administered by Department of the Treasury

Legislation au C2004A00159 Not in force Act

Legislation content

STATES GRANTS (HOUSING ASSISTANCE)

 

No. 101 of 1974

 

An Act to Authorize Advances to the States of Financial Assistance in connexion with Housing and to Authorize the Borrowing of Certain Moneys by the Treasurer.

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 (Housing Assistance) Act 1974.

Commencement.

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

Repeal.

3. The States Grants (Housing Assistance) Act (No. 2) 1973 is repealed.

Definitions.

4. In this Act—

“Housing Agreement”, in relation to a State, means—

(a) the agreement with the State executed in pursuance of the Housing Agreement Act 1973; or

(b) if that agreement is subsequently amended by an agreement or agreements the execution of which is authorized or approved by the Parliament—that agreement as so amended;

“repealed Act” means the States Grants (Housing Assistance) Act (No. 2) 1973.

Advances to States.

5. The Treasurer may, during the period commencing on the date of commencement of this Act and ending on 30 June 1975, make advances to a State, in accordance with the Housing Agreement with the State, of amounts not exceeding in the aggregate the amount specified in Column 1 of the Schedule opposite to the name of that State.

Authority to borrow.

6. (1) Subject to sub-section (2), the Treasurer may, during the period commencing on the date of commencement of this Act and end­ing on 31 December 1975, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911-1973, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate $465,000,000.

(2) The aggregate amount of moneys that may be borrowed under sub-section (1) is reduced by the sum of any amounts borrowed by the Treasurer in accordance with section 5 of the repealed Act for the purposes of making payments to the States in accordance with section 7 of that Act.

 

Advances made before commencement of Act.

7. (1) An advance that was made to a State under section 7 of the repealed Act before the commencement of this Act shall be deemed to have been an advance made to that State under section 5 of this Act.

(2) An advance that was made to a State under section 5 of the Financial Agreement Act 1928-1966 on or after 1 July 1974, and before the commencement of this Act, shall, if the Treasurer, with the concurrence of the State, so determines, be deemed to have been an advance made to that State under section 5 of this Act.

Advances to States for year 1975-76.

8. The Treasurer may, during the period of 6 months commencing on 1 July 1975, make advances to a State, in accordance with the Housing Agreement with that State, of amounts not exceeding in the aggregate the amount specified in Column 2 in the Schedule opposite to the name of that State.

Advances to be made out of Consolidated Revenue Fund or Loan Fund.

9. Advances to a State under section 5 or 8 may be made out of the Consolidated Revenue Fund or the Loan Fund.

Application of money borrowed.

10. Moneys borrowed under section 6, and moneys borrowed under section 5 of the repealed Act and not applied before the commencement of this Act, shall be issued and applied only for the expenses of borrowing, for the purposes of making advances to the States in accordance with section 5 or 8 of this Act and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 11.

Reimbursement of Consolidated Revenue Fund from Loan Fund.

11. (1) Where an amount has been paid out of the Consolidated Revenue Fund under this Act or under the repealed Act, the Treasurer may authorize the payment to that Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

(2) In any of the statements of the receipts and expenditure, or of the expenditure, of the Consolidated Revenue Fund prepared by the Treasurer under section 49 or 50 of the Audit Act 1901-1973, amounts paid to the Consolidated Revenue Fund under sub-section (1) of this section or under sub-section 10(1) of the repealed Act shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act or the repealed Act.

(3) Where there has been a payment from the Loan Fund to the Consolidated Revenue Fund under sub-section (1) in respect of an amount paid out of the Consolidated Revenue Fund under this Act or the repealed Act, the amount so paid out of the Consolidated Revenue Fund, shall, for the purposes of sections 9 and 10 of the National Debt Sinking Fund Act 1966-1967, be deemed to have been paid out of the Loan Fund.

Appropriation.

12. The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.

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SCHEDULE Sections 5 and 8

 

Column 1

Column 2

1974-75

1975-76

 

$ million

$ million

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

96.411

48.205

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

81.159

40.580

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

27.410

13.705

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

45.360

22.680

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

35.440

17.720

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

24.220

12.110

Total ...................

310.000

155.000

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Overview

The States Grants (Housing Assistance) Act 1974 was enacted by the Parliament of Australia to provide financial assistance to the states for housing purposes, addressing the need for federal support in housing initiatives across the country. This legislation aims to facilitate the provision of housing assistance by authorizing the Treasurer to make financial advances to the states, as outlined in the respective housing agreements. It also enables the Treasurer to borrow funds to meet these financial obligations, ensuring the availability of necessary resources to support state housing programs. The act is a response to the identified gap in state housing funding and seeks to provide a structured financial framework to support housing initiatives in Australia.

Scope and Application

The States Grants (Housing Assistance) Act 1974 authorises the Commonwealth Treasurer to provide financial assistance to the States for housing-related purposes. This Act applies to the states and territories of Australia, as it pertains to the provision of housing assistance through specific Housing Agreements with each state. The Act outlines the financial limits for such advances, with the amounts specified in the schedule for the financial years 1974-75 and 1975-76. The Act also allows for the borrowing of up to $465,000,000 to facilitate these payments, subject to certain conditions and deductions for prior borrowings. The Act does not explicitly state exclusions or exemptions, but it does specify the circumstances under which advances made under previous legislation are deemed to be made under this Act. This Act is a Commonwealth Act and therefore applies nationally across all Australian states and territories.

Key Provisions

The States Grants (Housing Assistance) Act 1974 (the "Act") primarily authorises the Treasurer to provide financial assistance to the states for housing purposes and to borrow certain moneys. Section 5 allows the Treasurer to make advances to the states during the period starting from the Act's commencement and ending on 30 June 1975, up to the amounts specified in Column 1 of the Schedule for each state. Section 8 permits the Treasurer to make additional advances to the states during the six-month period beginning on 1 July 1975, up to the amounts specified in Column 2 of the Schedule. These advances are to be made in accordance with the Housing Agreement with each state. Under Section 6, the Treasurer is authorised to borrow moneys not exceeding an aggregate of $465,000,000 during the period from the Act's commencement until 31 December 1975, subject to certain conditions. These borrowed funds, along with any remaining funds from previous borrowings, are to be used for the expenses of borrowing and for making advances to the states as specified in Sections 5 and 8, as well as for making payments to the Consolidated Revenue Fund as per Section 11. Section 9 specifies that these advances can be made from either the Consolidated Revenue Fund or the Loan Fund. The Act also includes provisions for the reimbursement of the Consolidated Revenue Fund from the Loan Fund, as outlined in Section 11. Any amounts paid out of the Consolidated Revenue Fund under the Act or the repealed Act can be reimbursed from the Loan Fund, up to the amount paid out. These reimbursements are to be recorded in the statements of the receipts and expenditure of the Consolidated Revenue Fund, reducing the total expenditure rather than being shown as receipts. Section 12 appropriates the Consolidated Revenue Fund and the Loan Fund as necessary for the purposes of the Act. Failure to comply with the provisions of this Act may result in financial mismanagement or misuse of funds, which could have legal and administrative consequences.

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Area of Law
Finance & Banking Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Commencement Provisions

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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.