States Grants (Urban Public Transport) Amendment Act 1979
No. 5 of 1979
An Act to amend the States Grants (Urban Public Transport) Act 1978.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the States Grants (Urban Public Transport) Amendment Act 1979.
(2) The States Grants (Urban Public Transport) Act 1978 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
3. Section 8 of the Principal Act is repealed and the following section substituted:
Additional amount to be allocated among States
“8. (1) For the purpose of increasing the maximum grant for each of the States in respect of a year specified in column 1 of the table in this sub-section, there is available for allocation among the States, as the Minister determines, in respect of that year, the amount specified in column 2 of that table that is applicable in respect of that year.
Column 1 | Column 2 |
Year | Amount |
| $ |
1 July 1979—30 June 1980.................................... | 15,000,000 |
1 July 1980—30 June 1981.................................... | 20,000,000 |
1 July 1981—30 June 1982.................................... | 20,000,000 |
1 July 1982—30 June 1983.................................... | 20,000,000 |
“(2) In making an allocation under sub-section (1), the Minister shall have regard to the needs of public transport in urban areas in the States in the year concerned.
“(3) An allocation under sub-section (1) shall be made by the Minister by notice in the Gazette specifying the year to which the allocation relates and the amount allocated to each of the States.”.
Schedule
4. The Schedule to the Principal Act is amended by omitting the columns headed “Year commencing 1 July 1980”, “Year commencing 1 July 1981” and “Year commencing 1 July 1982” and substituting the following columns:
Year commencing | Year commencing | Year commencing |
1 July 1980 | 1 July 1981 | 1 July 1982 |
$ | $ | $ |
15,750,000 | 17,500,000 | 17,500,000 |
13,500,000 | 15,000,000 | 15,000,000 |
7,875,000 | 8,750,000 | 8,750,000 |
4,500,000 | 5,000,000 | 5,000,000 |
2,250,000 | 2,500,000 | 2,500,000 |
1,125,000 | 1,250,000 | 1,250,000 |
Overview
The States Grants (Urban Public Transport) Amendment Act 1979 was enacted by the Commonwealth Parliament to amend the States Grants (Urban Public Transport) Act 1978. The original Act aimed to provide financial assistance to the states for urban public transport infrastructure, but the amendment sought to address the evolving needs of urban public transport systems by increasing the maximum grant available for each state over the specified period. The Act specifically targets the enhancement of urban public transport infrastructure by allocating additional funds based on the identified needs of each state's urban public transport system. This amendment ensures that the funding better reflects the changing requirements and demands of urban public transport, thereby supporting more effective and efficient public transport systems in Australia's cities.
Scope and Application
The States Grants (Urban Public Transport) Amendment Act 1979 is a Commonwealth Act that amends the States Grants (Urban Public Transport) Act 1978, specifically targeting the financial allocation for public transport in urban areas across the states of Australia. The Act applies to the states and territories of Australia, with the primary focus on the financial allocations for urban public transport systems. The Act provides for an additional amount to be allocated among the states to support urban public transport needs, with the allocation to be determined by the Minister, taking into account the specific requirements of each state. The Act does not specify any exclusions or exemptions, and it applies nationally across the Commonwealth of Australia. The Act also authorises the Minister to issue subordinate instruments to further define the allocation process and criteria. This Act came into operation on the day of Royal Assent, ensuring immediate applicability to the financial year specified within its provisions.
Key Provisions
The States Grants (Urban Public Transport) Amendment Act 1979 introduces key changes to the States Grants (Urban Public Transport) Act 1978. The primary amendment involves the substitution of Section 8 of the Principal Act, which concerns the allocation of additional funds to the states for urban public transport initiatives. Specifically, Section 8(1) now provides that an additional amount, specified in a new table, is available for allocation among the states for the fiscal years starting 1 July 1979 and ending 30 June 1983. This allocation process is intended to increase the maximum grant for each state for these specified years, with the amounts set at $15,000,000 for 1 July 1979—30 June 1980, $20,000,000 for 1 July 1980—30 June 1981, and $20,000,000 for both 1 July 1981—30 June 1982 and 1 July 1982—30 June 1983. Section 8(2) requires the Minister to consider the specific needs of urban public transport in the states when making these allocations, and Section 8(3) mandates that any allocation must be announced via a notice in the Gazette.
The Act imposes specific obligations on the Minister regarding the allocation of the additional funds. According to Section 8(2), the Minister must take into account the particular needs of public transport in urban areas within each state for the relevant year. This consideration ensures that the funds are allocated based on the actual requirements of the states, rather than a uniform distribution. Furthermore, Section 8(3) requires the Minister to formally notify the public of the allocation through a Gazette notice. This transparency measure ensures that the allocation process is open and accountable, and that the public is informed of how the funds are distributed among the states.
While the Act itself does not explicitly outline specific offences, penalties, or consequences for non-compliance, the nature of the statutory requirement implies that failure to adhere to the prescribed allocation process could lead to legal repercussions. For instance, if the Minister fails to consider the specific needs of urban public transport in the states as mandated by Section 8(2), or neglects to publish the allocation details in the Gazette as required by Section 8(3), this could potentially lead to legal challenges. Additionally, if the allocation amounts specified in the Act are not correctly applied, this could result in disputes or further legislative action to rectify the situation. Although the Act does not detail specific penalties, breaches of such statutory obligations could be subject to judicial review or other legal remedies under relevant administrative law principles.