STATES GRANTS (SPECIAL FINANCIAL ASSISTANCE) (No. 2)
No. 35 of 1951.
An Act to grant and apply out of the Consolidated Revenue Fund sums for the purposes of Financial Assistance to the States.
[Assented to 24th November, 1951.]
BE it enacted by the King’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 (No. 2) 1951.
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-one, 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 each 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-one, is less than the amount shown in the following table opposite the name of that State:—
| £ |
New South Wales.................................. | 47,900,000 |
Victoria......................................... | 29,500,000 |
Queensland...................................... | 19,000,000 |
South Australia.................................... | 10,200,000 |
Western Australia.................................. | 9,400,000 |
Tasmania....................................... | 4,000,000 |
| 120,000,000 |
Appropriation.
5. Payments in accordance with this Act shall be made out of the Consolidated Revenue Fund, which is hereby appropriated accordingly.
Overview
The States Grants (Special Financial Assistance) Act (No. 2) 1951 was enacted to provide additional financial assistance to the Australian states for the fiscal year commencing on the first day of July 1951. This Act was introduced by the Parliament of Australia, aiming to ensure that each state received an amount of financial assistance that would compensate for any shortfall when compared to predetermined figures set out in the States Grants (Tax Reimbursement) Act 1946-1948. The overarching policy objective was to support the states in meeting their financial obligations by supplementing their revenue with grants from the Consolidated Revenue Fund. This Act was intended to address a specific financial shortfall identified for the mentioned fiscal year, ensuring that the states could maintain their operations and services without undue strain on their budgets.
Scope and Application
The States Grants (Special Financial Assistance) (No. 2) Act 1951 is an Act of the Commonwealth of Australia that provides for the payment of special financial assistance to the states during the year commencing on the first day of July 1951. The Act applies to the states of New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania, with specific amounts allocated to each state. The purpose of the Act is to provide financial assistance to the states, calculated based on the provisions of the States Grants (Tax Reimbursement) Act 1946-1948. The Act extends to the whole of the Commonwealth of Australia and came into operation on the day it received Royal Assent. The Act does not explicitly mention any exclusions, exemptions, or thresholds, and it does not extend or restrict application through subordinate instruments.
Key Provisions
The main sections of the States Grants (Special Financial Assistance) Act (No. 2) 1951 outline the process and calculation for providing financial assistance to the Australian states for the year starting 1 July 1951. Section 3 of the Act establishes that each state is entitled to a financial assistance amount, while Section 4 specifies how this amount is calculated based on the difference between the amount calculated under Sections 6 and 7 of the States Grants (Tax Reimbursement) Act 1946-1948, and the predetermined amounts listed in Section 4 itself. Section 5 states that these payments will be made from the Consolidated Revenue Fund, thereby appropriating the necessary funds for this purpose.
The Act imposes specific obligations on the Commonwealth government, which must calculate and distribute the financial assistance to the states as per the outlined methodology. The Commonwealth must ensure that the payments are disbursed from the Consolidated Revenue Fund, as appropriated in Section 5. The states, in turn, are entitled to receive these payments, which are intended to provide financial assistance based on the criteria and amounts specified in Sections 3 and 4.
Breach of the Act or failure to comply with its provisions could lead to various consequences, though the Act itself does not specify particular offences, penalties, or consequences for non-compliance. In general, non-compliance with legislative mandates could result in administrative or legal actions, but the specifics would depend on other applicable laws and regulations. The absence of explicit penalties in this Act implies that any enforcement actions would likely be guided by the broader framework of administrative and constitutional law in Australia.