States Grants (Rural Reconstruction) Act 1973

States Grants (Rural Reconstruction) Act 1973

No. 182 of 1973

AN ACT

Relating to an Agreement between Australia and the States with respect to the Provision of further Assistance to Persons engaged in Rural Industry.

[Assented to 14 December 1973]

WHEREAS the execution, on behalf of Australia, of an agreement between Australia and all or any of the States in respect of a scheme to provide assistance to persons engaged in rural industries, being an agreement substantially in accordance with the form set out in the Schedule to the States Grants (Rural Reconstruction) Act 1971, was approved by that Act:

And whereas on 4 June 1971 Australia and all of the States executed an agreement in accordance with the form set out in the Schedule to that Act:

And whereas on 5 November 1973 Australia and all of the States executed an agreement varying the agreement executed on 4 June 1971:

And whereas it is provided in the agreement executed on 5 November 1973, that that agreement shall have no force or effect until it has been approved by the Parliament of Australia:

BE IT THEREFORE 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 (Rural Reconstruction) Act 1973.

Commencement.

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

Definitions.

3. In this Act—

“the Principal Agreement” means the Agreement executed by Australia in pursuance of the States Grants (Rural Reconstruction) Act 1971;

“the Supplemental Agreement” means the Agreement a copy of which is set out in the Schedule.

Approval of Supplemental Agreement.

4. The Supplemental Agreement is approved.

Financial Assistance.

5. The payments by Australia to a State provided for by the Principal Agreement as varied by the Supplemental Agreement may be made, by way of financial assistance to that State on the terms and conditions contained in the Principal Agreement as so varied, out of moneys appropriated by the Parliament for the purpose.

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SCHEDULE  Section 3

This Agreement made the fifth day of November One thousand nine hundred and seventy-three between—

The Commonwealth of Australia of the first part,

The State of New South Wales of the second part,

The State of Victoria of the third part,

The State of Queensland of the fourth part,

The State of South Australia of the fifth part,

The State of Western Australia of the sixth part, and

The State of Tasmania of the seventh part

is supplemental to the agreement in relation to the provision of financial assistance for persons engaged in rural industries in the States (in this agreement called ‘ the Principal Agree­ment ') that was approved by the States Grants (Rural Reconstruction) Act 1971 and was made between the Commonwealth and all the States the fourth day of June 1971.

Whereas—

(a) the Commonwealth and the States are desirous of varying the terms and conditions upon which financial assistance is provided by the Commonwealth to the States under the Principal Agreement and of extending the period during which financial assistance is to be provided;

(b) the Parliament of the Commonwealth will be requested to approve this agreement and to authorise the grant of financial assistance to the States in accordance with the provisions of the Principal Agreement as varied by this agreement,

Now it is hereby agreed as follows:—

Approval of Agreement.

1. This agreement shall have no force or effect and shall not be binding upon any party until it has been approved by the Parliament of the Commonwealth.

Commencement of Agreement.

2. Upon being approved by the Parliament of the Commonwealth, this agreement shall be deemed to have come into force and to have commenced on the first day of July 1973 so that the Principal Agreement shall be regarded as having been varied on that date and as providing for and giving effect to acts done on and from that date as if it had been so varied.

Construction and Operation of Agreements.

3.—(1.) In this agreement, each State that is a party is referred to as a ‘State’, and the expression ‘ the States ’ means, except where the context otherwise requires, all of the States that are for the time being parties.

(2.) The Principal Agreement as varied by this agreement shall be construed as if this agreement were incorporated in and formed part of the Principal Agreement and so that, except where the context otherwise requires, references in the Principal Agreement to that agreement were references to that agreement as varied by and incorporating the provisions of this agreement.

 (3.) Except where the contrary intention appears, expressions used in this agreement that are expressions to which meanings are attributed in the Principal Agreement have in this agreement the respective meanings so attributed to them.

Provision of Financial Assistance.

4.—(1.) On and from the first day of July 1973, the provisions of clauses 11 and 12 of the Principal Agreement shall cease to apply in respect of the provision of financial assistance by the Commonwealth and the provisions set out hereafter in this clause shall apply in their place.

(2.) Subject to, and to the performance by a State of, the provisions of the Principal Agreement as varied by this agreement, the Commonwealth will during the financial years commencing on the first day of July in the years 1973, 1974 and 1975 make financial assistance available to the States for the purposes of the Scheme.

(3.) The amount of the financial assistance to be made available by the Commonwealth to each State during a financial year shall be determined by the Commonwealth before the commencement of the financial year following a meeting of Commonwealth and State Ministers which will review the circumstances relating to the financial year and which will give due consideration to submissions made by the States not later than the end of the February last preceding the financial year and will have regard to such other criteria as the Commonwealth considers appropriate.

Allocation of Financial Assistance.

5.—(1.) Clause 6 of the Principal Agreement shall not apply to financial assistance made available by the Commonwealth during the financial years specified in sub-clause (2.) of clause 4 of this agreement.

(2.) Subject to the provisions of the Principal Agreement as varied by this agreement, the financial assistance made available by the Commonwealth to a State after the first day of July 1973 shall be applied to the forms of assistance under the Scheme, namely debt reconstruction, farm build-up and rehabilitation as referred to in accordance with clause 5 of the Principal Agreement.

(3.) The allocation by a State of the financial assistance during a financial year between the forms of assistance shall be in accordance with a determination made by the Commonwealth prior to the commencement of the financial year after consultation with the State, in which determination shall be specified a target percentage for commitments on farm build-up which the State should endeavour to achieve and a maximum percentage of commitments on debt reconstruction which the State may not exceed without the prior approval of the Commonwealth.

(4.) The consultations referred to in sub-clause (3.) of this clause shall extend to establishing by agreement between the Commonwealth and the State a firm programme of commitments of the financial assistance month by month during the year.

(5.) If during a financial year either the Commonwealth or a State informs the other that it considers the allocation of the financial assistance by the State or the programme of commitments in respect of the year should be varied, further consultations will be held between the Commonwealth and the State with a view to varying the determination by the Commonwealth for the purposes of sub-clause (3.) of this clause should the Commonwealth see fit to do so or varying the programme of commitments for the purposes of sub-clause (4.) of this clause, as the case may be.

Title of Agreements.

6. The Principal Agreement as varied by this agreement shall be known as ‘the 1971-1973 Rural Reconstruction Agreement’.

In witness whereof this agreement has been executed as at the day and year first above written.