States Grants (Rural Adjustment) Amendment Act 1992

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2004A04530 In force Act

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States Grants (Rural Adjustment)

Amendment Act 1992

No. 239 of 1992

An Act to amend the States Grants (Rural Adjustment) Act 1988

[Assented to 24 December 1992]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the States Grants (Rural Adjustment) Amendment Act 1992.

(2) In this Act, "Principal Act" means the States Grants (Rural Adjustment) Act 19881.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Approval of execution of amending agreement

3. The execution, on behalf of the Commonwealth, of an agreement between the Commonwealth and either or both of New South Wales and Queensland substantially in accordance with the form set out in the Schedule is approved.

Insertion of Schedule 5

4. The Principal Act is amended by adding at the end the Schedule set out in the Schedule to this Act.

__________

SCHEDULE Section 4

"SCHEDULE 5

THIRD AMENDING AGREEMENT

THIS AGREEMENT is made the day of One Thousand nine hundred and ninety two

BETWEEN

THE COMMONWEALTH OF AUSTRALIA (in this Agreement called 'the Commonwealth') of the first part,

THE STATE OF NEW SOUTH WALES of the second part, and THE STATE OF QUEENSLAND of the third part,

WHEREAS

(A)      The States of New South Wales and Queensland are among the States parties to an Agreement with the Commonwealth dated variously of December 1988 and January 1989 as amended by the First Amending, the Second Amending and Supplemental Agreements dated 20 December 1991, 13 March 1992 and 26 June 1992 respectively, relating to rural adjustment ('the amended Agreement'); and

(B)      It is desired to further amend the amended Agreement as between those two States and the Commonwealth in order to give effect to certain initiatives in favour of those in the rural sector who are suffering hardship by reason of drought in those two States.

NOW IT IS HEREBY AGREED as follows:

1.(1) This Third Amending Agreements shall, as between the Commonwealth and either the State of New South Wales or Queensland executing it, be deemed to have come into force on the 1st September 1992.

(2) Notwithstanding that in this Third Amending Agreement two States are named as parties, this third Amending Agreement shall operate as an agreement between the Commonwealth and either State in respect of which it comes into force as fully and effectually as if the State in respect of which it comes into force were the only party so named other than the Commonwealth.

(3) In the event that a State ceases to be a party, this Third Amending Agreement shall nevertheless continue in force with respect to the Commonwealth and the other State which is a party when the cessation takes effect.

2. The amended Agreements are amended by:

(a)      adding to paragraph 6(1)(a) the words 'and also in relation to drought, finance to acquire livestock, restructure debt and improve productivity for the ten months of the year ending 30 June 1993';

(b)      inserting into paragraph 10(2)(a) after the word 'crops' the words 'and in relation to drought under paragraph 6(1)(a)'; and

(c)      adding in sub-clause 10(2) the words 'The State of New South Wales or Queensland may provide the remaining 25% of the subsidy in relation to drought in its State.'.

3. The amended Agreement is, save for the foregoing amendments, confirmed in all other respects.

IN WITNESS WHEREOF this Third Amending Agreement has been signed for and on behalf of the Parties as at the day and year first above written.

SIGNED by the Honourable SIMON CREAN, Minister for Primary Industries and Energy of the Commonwealth of Australia, in the presence of

SIGNED by the Honourable IAN MORTON ARMSTRONG, Minister for Agriculture and Rural Affairs of the State of New South Wales, in the presence of

SIGNED by the Honourable KEITH ERNEST DE LACY, Treasurer of the State of Queensland, in the presence of  ”.

NOTE

1. No. 112, 1988, as amended. For previous amendments, see No. 395, 1989; and No. 78, 1992.

[Minister's second reading speech made in

House of Representatives on 3 November 1992

Senate on 11 November 1992]

Overview

The States Grants (Rural Adjustment) Amendment Act 1992, enacted by the Parliament of Australia, aims to address the financial difficulties faced by rural sectors in New South Wales and Queensland due to drought conditions. This Act amends the States Grants (Rural Adjustment) Act 1988 to incorporate a Third Amending Agreement that provides additional financial support for drought-affected farmers, enabling them to acquire livestock, restructure debt, and improve productivity for the fiscal year ending June 1993. The policy objective is to provide targeted financial assistance to alleviate the economic hardships of rural communities in these states, thereby promoting stability and resilience within the agricultural sector.

Scope and Application

The States Grants (Rural Adjustment) Amendment Act 1992 amends the States Grants (Rural Adjustment) Act 1988, introducing changes to provide financial support to rural sectors in New South Wales and Queensland affected by drought. The Act applies to the Commonwealth and the two states specifically named in the agreement, and its amendments are aimed at providing financial assistance for livestock acquisition, debt restructuring, and productivity improvements. This legislation has a jurisdictional reach limited to these three parties, specifically addressing the financial hardship experienced by the rural sector due to drought conditions. The Act does not explicitly outline exclusions or thresholds but focuses on providing additional funding to the affected areas, as per the agreement. The scope of the Act is further defined through the Third Amending Agreement, which supplements the original agreement to provide targeted support, and may be subject to additional regulations or interpretations through subordinate instruments that may specify the detailed implementation and application of the financial provisions.

Key Provisions

The States Grants (Rural Adjustment) Amendment Act 1992 (C2004A04530) amends the States Grants (Rural Adjustment) Act 1988 by adding a new Schedule (section 4). This Schedule, referred to as the Third Amending Agreement, provides further amendments to the original agreement between the Commonwealth and the states of New South Wales and Queensland. This amendment seeks to address the hardships faced by the rural sector due to drought conditions in these states. Under the Third Amending Agreement, certain financial provisions are introduced to support those affected by drought (Schedule, section 1(2)(a)). Specifically, additional funds are allocated to acquire livestock, restructure debt, and improve productivity for the financial year ending 30 June 1993. This support extends to both New South Wales and Queensland, although each state can determine how to allocate its share of the funds (Schedule, section 2(c)). The agreement also modifies the conditions for financial assistance related to crop production, ensuring that drought-related needs are adequately addressed (Schedule, section 2(b)). The Act imposes specific obligations on the Commonwealth and the states of New South Wales and Queensland. It mandates the execution of the Third Amending Agreement, ensuring that the financial provisions outlined are adhered to. Each party is required to abide by the terms of the agreement, including the allocation and use of funds as stipulated (Schedule, section 1(2)). Additionally, the agreement confirms the continuation of the amended provisions in all other respects, ensuring that the original intent and structure of the agreement remain intact. Breach of the terms of the Third Amending Agreement may lead to legal consequences. While the Act does not explicitly state penalties for non-compliance, violations could potentially lead to legal disputes or actions under the general principles of contract law. The consequences of such breaches would depend on the specific terms of the agreement and the resulting impact on the affected parties.

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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.