States Grants (Housing Assistance) Act 1976

Administered by Department of the Treasury

Legislation au C2004A01441 Not in force Act

Legislation content

STATES GRANTS (HOUSING ASSISTANCE)

ACT 1976

No. 10 of 1976

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 Commonwealth.

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

Short title.

1. This Act may be cited as the States Grants (Housing Assistance) Act 1976.

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 The States Grants (Housing Assistance) Act 1974 is repealed.

Definitions.

4. In this Act—

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

(a) the agreement with the State executed in pursuance with the Housing Agreement Act 1973, being that agreement as amended in accordance with the agreement with the State executed in pursuance of the Housing Agreement Act 1974; 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“repealed Act” means the States Grants (Housing Assistance) Act 1974.

Advances to States.

5. The Treasurer may, during the period commencing on the date of commencement of this Act and ending on 30 June 1976, 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 1976, 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 $546,900,000.

(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sub-section (1) is reduced by the sum of any amounts borrowed by the Treasurer in accordance with section 6 of the repealed Act for the purposes of making payments to the States in accordance with section 8 of that Act.

Advances made before commencement of Act.

7. (1) An advance that was made to a State under section 8 of the repealed Act before the commencement of this Act shall be deemed to have been an advance made to that State under section 5 of this Act.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 1975, 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 1976-77.

8. The Treasurer may, during the period of 6 months commencing on 1 July 1976, 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 moneys borrowed.

10. Moneys borrowed under section 6, and moneys borrowed under section 6 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 1901-1975, amounts paid to the Consolidated Revenue Fund under sub-section (1) of this section or under sub-section 11(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.

 

__________

 

SCHEDULE Sections 5 and 8

 

Column 1

Column 2

1975-76

1976-77

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

123,411,000

61,705,500

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

98,159,000

49,079,500

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

31,010,000

15,505,000

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

56,360,000

28,180,000

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

33,440,000

16,720,000

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

22,220,000

11,110,000

 

364,600,000

182,300,000

 

Overview

The States Grants (Housing Assistance) Act 1976 was enacted by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia to replace the States Grants (Housing Assistance) Act 1974. The purpose of this Act is to authorize the Commonwealth to provide financial assistance to the states for housing purposes and to allow the Commonwealth to borrow money for this purpose. This Act aims to facilitate the allocation of funds to states in accordance with Housing Agreements and to ensure the efficient management of these funds. The policy objective is to support housing initiatives across the states by providing necessary financial resources through advances and borrowings. The Act specifies the maximum amounts that can be advanced to each state for the financial years 1975-76 and 1976-77, outlines the borrowing limits and conditions, and addresses the application and reimbursement of funds between the Consolidated Revenue Fund and the Loan Fund. The Act also includes provisions for the continuation of advances made under the repealed Act before its commencement.

Scope and Application

The States Grants (Housing Assistance) Act 1976 authorises financial assistance to states for housing purposes and allows the Commonwealth to borrow funds to facilitate these payments. The Act applies to the Treasurer and relevant state governments, specifically in relation to housing agreements and financial transactions. The geographic reach of the Act is national, as it involves the Commonwealth government and all states within Australia. The Act specifies the maximum amounts that can be advanced to each state, as detailed in the Schedule, and sets a limit on the total amount that can be borrowed by the Commonwealth. The Act also incorporates provisions for the application of borrowed funds and reimbursements between the Consolidated Revenue Fund and the Loan Fund. The Act explicitly excludes any amounts previously borrowed and applied under the repealed States Grants (Housing Assistance) Act 1974 from the total borrowing limit, ensuring clarity in financial transactions and appropriations. The Act does not extend or restrict its application through subordinate instruments.

Key Provisions

The States Grants (Housing Assistance) Act 1976 (Act) establishes the framework for financial assistance to states for housing purposes. Under section 5, the Treasurer is authorised to make financial advances to states, not exceeding specified amounts, during a specific period up to 30 June 1976, in accordance with the Housing Agreement. Section 8 further allows for additional advances to states during the six months beginning on 1 July 1976, again in accordance with the Housing Agreement and within specified limits. Section 6 enables the Treasurer to borrow moneys, not exceeding a certain aggregate amount, from 1 July 1976 until 31 December 1976, for the purpose of making these advances. The Act imposes several obligations on the parties involved. Under section 7, any advances made under the repealed Act before the commencement of this Act are deemed to be made under the current Act, provided certain conditions are met. Section 9 specifies that advances to states can be made from either the Consolidated Revenue Fund or the Loan Fund. Section 10 dictates that moneys borrowed under this Act or the repealed Act must be used for specific purposes, including making advances to states and payments to the Consolidated Revenue Fund. Furthermore, section 11 allows for reimbursement of the Consolidated Revenue Fund from the Loan Fund under specific circumstances. The Act also outlines consequences for breaches of its provisions. Section 12 appropriates the Consolidated Revenue Fund and the Loan Fund as necessary for the purposes of the Act, thereby ensuring the availability of funds for the specified purposes. While the Act does not explicitly state criminal or civil penalties for breaches, the seriousness of financial mismanagement and non-compliance with appropriation laws in Australia suggests that breaches could result in significant legal consequences, including fines or other penalties as determined by relevant authorities.

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Constitutional Law
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Commencement Provisions
Repeal & Amendment
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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.