States Grants (Special Assistance)
No. 119 of 1970
An Act to grant Financial Assistance to the States of South Australia and Tasmania.
[Assented to 11 November 1970]
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 (Special Assistance) Act 1970.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Payment of financial assistance to South Australia and Tasmania.
3.—(1.) Subject to this section, there is payable during the year that commenced on the first day of July, One thousand nine hundred and seventy, for the purpose of financial assistance—
(a) to the State of South Australia—the sum of Five million dollars; and
(b) to the State of Tasmania—the sum of Thirteen million six hundred and eighty thousand dollars.
(2.) The sum payable to the State of Tasmania under the last preceding sub-section shall be reduced by the sum of any amounts paid to that State under section 4 of the Tasmania Grant Act 1969.
Advances for year 1971–72.
4. The Treasurer may, during the period of six months commencing on the first day of July, One thousand nine hundred and seventy-one, make advances to the State of South Australia or the State of Tasmania, for the purpose of financial assistance, of amounts not exceeding in the whole a sum equal to one-half of the amount specified in the last preceding section in relation to that State.
Appropriation.
5. Payments in accordance with this Act shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
Overview
The States Grants (Special Assistance) Act 1970 was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, with the primary objective of providing financial assistance to the States of South Australia and Tasmania. This Act was introduced to address a financial gap experienced by these states, providing them with essential funds to support their respective budgets and public services. By offering this financial aid, the Act aims to ensure that these states can maintain and improve their infrastructure, services, and overall economic stability.
The Act authorises the payment of specific sums to South Australia and Tasmania for the financial year beginning 1 July 1970, with an additional provision for possible advances during the subsequent year. The funds are appropriated from the Consolidated Revenue Fund, ensuring a structured and accountable allocation of resources directly intended to benefit these states. This legislative measure underscores the Commonwealth's commitment to supporting state economies and fostering equitable development across the nation.
Scope and Application
The States Grants (Special Assistance) Act 1970 applies to the specific states of South Australia and Tasmania, providing them with financial assistance as stipulated within the Act. The Act grants financial assistance to these states for the fiscal year commencing on the first of July, 1970, with specific sums allocated to each state. The Act's jurisdictional reach is limited to the Commonwealth of Australia, with its application confined to the states it names. Notably, the Act includes a provision that reduces the amount payable to Tasmania by any sums already disbursed under the Tasmania Grant Act 1969. The Act further allows for the Treasurer to provide advances for the year 1971-72, not exceeding half the specified amounts for each state, within a six-month window starting on the first of July, 1971. Payments under this Act are to be made from the Consolidated Revenue Fund, which is appropriated for this purpose. There are no exclusions, exemptions, or thresholds specified within the text of the Act itself, though the application may be extended or restricted through subordinate instruments.
Key Provisions
The main provisions of the States Grants (Special Assistance) Act 1970 (sections 3 and 4) pertain to the financial assistance to be provided to South Australia and Tasmania. Specifically, section 3(1) mandates the payment of $5 million to South Australia and $13,680,000 to Tasmania for the year commencing on 1 July 1970, with a specific reduction for Tasmania if any payments have been made under section 4 of the Tasmania Grant Act 1969. Section 4 authorises the Treasurer to make advances to South Australia and Tasmania during the six months starting 1 July 1971, but not exceeding half the amount specified in section 3 for that state. These sections ensure that specific financial assistance is directed towards the two states for a particular fiscal year, with an option for interim funding in the following year.
The Act imposes certain obligations on the parties it governs, primarily centred on the payment and appropriation of funds. Section 5 specifies that payments made in accordance with the Act must be sourced from the Consolidated Revenue Fund, which is appropriated for this purpose. This means that the financial assistance provided to South Australia and Tasmania must be drawn from the government's central fund, ensuring that the funds are allocated according to the legislative mandate.
Regarding offences, penalties, or consequences for breach, the Act does not explicitly state any specific penalties or consequences for non-compliance with its provisions. However, given the nature of the Act, any failure to comply with the appropriation requirements or the specific financial assistance provisions could lead to broader legal and financial repercussions under other applicable laws. The Act's focus is primarily on the clear allocation and distribution of funds rather than punitive measures for non-compliance.