States Grants (Research)
No. 93 of 1965
An Act to grant Financial Assistance to the States in connexion with Research.
[Assented to 4 December, 1965]
[Date of commencement 1 January, 1966]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the States Grants (Research) Act 1965.
Definitions.
2. For the purpose of this Act—
“research” means systematic investigations in some branch of science or learning;
“University” includes the South Australian Institute of Technology.
Grants for research.
3.—(1.) Subject to this Act, there are payable to the States, by way of financial assistance in connexion with research, such amounts as are from time to time appropriated by the Parliament for that purpose.
(2.) The Minister may authorize the payment by the Commonwealth to a State of such portion of an amount referred to in the last preceding sub-section as he determines.
Conditions on which grants made to States.
4. Payment of an amount to a State under this Act is subject to the following conditions:—
(a) that the amount will be applied by the State, in a manner approved by the Minister, for the purposes of expenditure in connexion with research approved by the Minister;
(b) that, if payment of the amount is subject to the condition that it will be applied by the State for the purposes of expenditure in connexion with research at a University, the State will, without undue delay, apply a further amount equal to that amount for the purposes of expenditure in connexion with that research;
(c) that, if the Minister informs a State to which a payment has been made under the last preceding section that he is satisfied that the State has failed to fulfil any conditions applicable to that payment, the State will pay to the Commonwealth an amount equal to the amount of the payment; and
(d) that, if the amount paid by the Commonwealth to a State under the last preceding section exceeds the amount properly payable, the State will pay to the Commonwealth an amount equal to the excess.
Overview
The States Grants (Research) Act 1965 was enacted by the Australian Parliament to address the need for financial assistance to the states in relation to research activities. This Act was introduced to support systematic investigations across various branches of science and learning, including at universities such as the South Australian Institute of Technology. The primary objective of this legislation is to facilitate the allocation of funds from the Commonwealth to the states for approved research initiatives, ensuring that the allocated funds are used effectively and efficiently for their intended purposes. The Act outlines conditions under which these grants are disbursed, including the requirement for states to match funds for research activities at universities and to repay any overpayments made by the Commonwealth. This legislative framework aims to foster collaborative research efforts and enhance the research capabilities within Australian states.
Scope and Application
The States Grants (Research) Act 1965 applies to the States of Australia and provides financial assistance for research activities within these jurisdictions. The Act aims to support systematic investigations in various scientific or academic fields, including research conducted at universities, as defined in the Act. The financial assistance is subject to specific conditions, including the approval of the Minister for the allocation and application of the funds for research purposes. Additionally, the Act requires that if a State fails to meet the conditions set for the grant, it must repay the Commonwealth the amount of the payment made. The Act's scope extends to all States in Australia and encompasses research conducted at universities, as specifically mentioned. The application of the Act is primarily through the appropriation of funds by the Commonwealth Parliament and the authorisation of payments by the Minister. There are no stated exclusions or exemptions within the Act itself, although the Minister's approval is required for the application of funds, which may impose implicit limitations on the types of research activities eligible for funding.
Key Provisions
The States Grants (Research) Act 1965 (referred to as the Act) primarily provides financial assistance to states for research purposes, as outlined in section 3(1). The Act allows the Commonwealth to pay to states amounts that have been appropriated by Parliament for research, subject to the conditions set forth in section 4. Specifically, section 3(2) empowers the Minister to determine the portion of the appropriated amount to be paid to a particular state.
The Act imposes several obligations on the states that receive these grants. Firstly, states must apply the granted funds in a manner approved by the Minister for research purposes, as stipulated in section 4(a). If the funds are intended for research at a university, states must promptly apply an additional amount equal to the original grant for that research, as stated in section 4(b). Moreover, if the Minister determines that a state has failed to meet the conditions applicable to the payment, the state must repay the amount of the payment to the Commonwealth, as per section 4(c). Similarly, if the amount paid to the state exceeds what is properly payable, the state must repay the excess, as specified in section 4(d).
Breaching the conditions set forth in the Act can lead to various consequences. For instance, if a state fails to meet the conditions for the grant, it must repay the amount to the Commonwealth, as stipulated in section 4(c). Failure to do so could result in financial penalties. Additionally, if the amount paid to the state exceeds what is properly payable, the state is obligated to repay the excess, as mentioned in section 4(d). Although the Act does not explicitly state the penalties for non-compliance, such breaches could potentially lead to legal action by the Commonwealth to recover the unpaid amounts, as well as reputational damage to the state. The Act does not specify maximum penalties, leaving the exact consequences of non-compliance to be determined by the courts or through other legislative means.