STATES GRANTS (SPECIAL FINANCIAL ASSISTANCE).
No. 63 of 1953.
An Act to grant and apply out of the Consolidated Revenue Fund sums for the purpose of Financial Assistance to the States.
[Assented to 28th October, 1953.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—
Short title
1. This Act may be cited as the States Grants (Special Financial Assistance) Act 1953
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Financial assistance to States.
3. There is payable to each State, during the year which commenced on the first day of July, One thousand nine hundred and fifty-three, for the purpose of financial assistance, an amount or amounts calculated in accordance with the next succeeding section.
Amount of financial assistance payable.
4.—(1.) Subject to the next succeeding sub-section, the amount payable to a State under this Act is the amount by which the amount calculated in respect of that State under sections six and seven of the States Grants (Tax Reimbursement) Act 1946-1948 in respect of the year which commenced on the first day of July, One thousand nine hundred and fifty-three, is less than the amount which would be payable to that State if the aggregate grant to be divided amongst the States in accordance with section seven of that Act in respect of that year were One hundred and forty-two million pounds.
(2.) In addition to the amount calculated in accordance with the last preceding sub-section, there is payable—
(a) to the State of Victoria, the amount (if any) by which the amount so calculated in respect of that State is less than Thirty-five million pounds; and
(b) to the State of Tasmania, an amount of Forty thousand pounds.
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 Financial Assistance) Act 1953 was enacted by the Parliament of Australia to provide financial assistance to the states during the fiscal year starting on 1 July 1953. This legislation aimed to address the financial needs of the states by granting additional funds beyond what was already covered under the States Grants (Tax Reimbursement) Act 1946-1948. The Act specifies the exact amounts to be paid to each state, with particular attention to Victoria and Tasmania, to ensure these entities receive necessary financial support. Payments under this Act are appropriated from the Consolidated Revenue Fund, ensuring a dedicated source for the financial assistance provided.
Scope and Application
The States Grants (Special Financial Assistance) Act 1953 applies to the individual states of Australia, providing a financial assistance grant for a specific period, namely the fiscal year commencing on the first day of July 1953. The Act mandates payments to be made to each state from the Consolidated Revenue Fund, calculated based on the formula set out in the Act, which references previous legislation, the States Grants (Tax Reimbursement) Act 1946-1948. The purpose of this financial assistance is to support the states' budgets for the specified period, with specific additional amounts designated for the State of Victoria and the State of Tasmania. The Act operates within the Commonwealth of Australia, extending its provisions to all states, each receiving a calculated amount of financial assistance according to their specific needs and the overall allocation of funds. No exclusions, exemptions, or thresholds are explicitly stated in the Act itself, although the application of the financial assistance may be subject to further clarification or adjustment through subordinate instruments or subsequent legislation.
Key Provisions
The States Grants (Special Financial Assistance) Act 1953 provides for the payment of financial assistance to the states from the Commonwealth's Consolidated Revenue Fund. The Act outlines the specific financial assistance to be paid to each state for the financial year beginning on the first of July 1953 (Section 3). The amount of financial assistance is calculated based on the difference between the amount each state would receive under the States Grants (Tax Reimbursement) Act 1946-1948 and the total amount of one hundred and forty-two million pounds that would be distributed among the states (Section 4(1)). Additionally, Victoria is to receive an amount to ensure its total does not fall below thirty-five million pounds, while Tasmania is to receive forty thousand pounds regardless of the other calculations (Section 4(2)). The Act appropriates the necessary funds from the Consolidated Revenue Fund to facilitate these payments (Section 5).
Under this Act, the Commonwealth is obligated to calculate and disburse the specified financial assistance to each state. The Act mandates that the payments be made from the Consolidated Revenue Fund, which has been designated for this purpose (Section 5). The financial assistance is to be determined using the stipulated method, which involves comparing the amounts that would be payable under the States Grants (Tax Reimbursement) Act 1946-1948 with the set aggregate grant amount. The Commonwealth must ensure that the additional amounts specified for Victoria and Tasmania are included in the calculations and payments.
Failure to comply with the provisions of this Act could lead to legal consequences. However, the Act itself does not explicitly state any specific offences, penalties, or civil/criminal consequences for non-compliance. The primary focus of the Act is on the appropriation and disbursement of funds, and the potential for legal repercussions would likely be addressed in other legislation or through common law principles. The absence of explicit penalties in this Act suggests that adherence to its provisions is critical for the proper administration of financial assistance to the states.