STATES GRANTS (SPECIAL FINANCIAL ASSISTANCE).
No. 54 of 1958.
An Act to grant and apply out of the Consolidated Revenue Fund sums for the purpose of Financial Assistance to the States.
[Assented to 1st October, 1958.]
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 1958.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Financial assistance to the 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-eight, for the purpose of financial assistance, an amount calculated in accordance with the next succeeding section.
Amount of financial assistance payable.
4. 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-eight, 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 Two hundred and five million 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 1958 was enacted to provide additional financial assistance to the states during the fiscal year starting 1 July 1958. This Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary purpose of this legislation was to grant and apply sums from the Consolidated Revenue Fund to aid the states financially. It addresses the specific need for special financial assistance by determining the amount payable to each state based on their respective calculations under the States Grants (Tax Reimbursement) Act 1946-1948. This Act ensures that payments made under its authority are appropriately sourced from the Consolidated Revenue Fund.
Scope and Application
The States Grants (Special Financial Assistance) Act 1958 applies to the allocation of financial assistance from the Commonwealth to each state for a specific fiscal year, in this case, the year beginning on the first day of July 1958. This Act provides for the calculation and payment of sums from the Consolidated Revenue Fund to the states, aimed at providing financial support to meet certain budgetary needs. The Act applies to the Commonwealth and each of the states, governing the distribution of funds from the national government to the states to aid in their financial obligations. There are no explicit exclusions or exemptions outlined within the Act; however, the eligibility and calculation of the amount payable to each state are contingent on the provisions of the States Grants (Tax Reimbursement) Act 1946–1948. This Act also extends its application through the appropriation of funds from the Consolidated Revenue Fund, ensuring the designated financial assistance is allocated as intended.
Key Provisions
The States Grants (Special Financial Assistance) Act 1958 (Section 1) establishes the legislative framework for providing financial assistance to each State for a specified period. The Act commences on the day of Royal Assent (Section 2). The core provision of this Act is the financial assistance payable to each State during the fiscal year beginning 1 July 1958 (Section 3). The amount of financial assistance is determined by comparing the calculated amount under the States Grants (Tax Reimbursement) Act 1946–1948 (Sections 6 and 7) for that State, to the amount that would be payable if the total grant to be divided among the States was £205 million (Section 4). This assistance is to be paid out of the Consolidated Revenue Fund, which is appropriated for this purpose (Section 5).
The Act imposes specific obligations on the Commonwealth to calculate and disburse the financial assistance to each State based on the prescribed formula. It requires adherence to the calculations under the States Grants (Tax Reimbursement) Act 1946–1948 and mandates that the payments be sourced from the Consolidated Revenue Fund. There are no explicit obligations on the States themselves under this Act; rather, it focuses on the financial mechanism set up by the Commonwealth to provide the assistance.
There are no offences, penalties, or specific consequences for breach outlined in the Act. Given its nature as a financial assistance Act, the primary focus is on the procedural and calculation aspects of the grants rather than punitive measures. The Act does not provide for specific maximum penalties for non-compliance, as its purpose is to facilitate financial support rather than enforce compliance through penalties.