States (Works and Housing) Assistance Act 1988

Administered by Department of the Treasury

Legislation au C2004A03675 Not in force Act

Legislation content

States (Works and Housing) Assistance Act 1988

Act No. 82 of 1988 as amended

This compilation was prepared on 1 March 2005
taking into account amendments up to Act No. 8 of 2005

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
AttorneyGeneral’s Department, Canberra

 

 

 

Contents

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Interpretation

4 Grants to States during 1988-89 in respect of capital expenditure

5 Advance payments to States for 1989-90 in respect of capital expenditure

6 States not bound to apply payments towards capital expenditure

7 Loans to States for public housing

8 Loan not to be made to State in certain circumstances etc.

9 Variation of conditions relating to loan to State

10 Advance payments to State in respect of public housing

11 Statement by State in respect of public housing

12 Payments to be made out of Consolidated Revenue Fund

13 Authority to borrow

14 Application of money borrowed

16 Appropriation

17 Delegation by Treasurer

Schedule—Amounts of capital grants, loans and advances

Notes

 

An Act to grant financial assistance to the States and the Northern Territory in connection with expenditure of a capital nature, to make loans to the States and the Northern Territory for public housing, to authorise the Commonwealth to borrow certain money, and for related purposes

1  Short title [see Note 1]

  This Act may be cited as the States (Works and Housing) Assistance Act 1988.

2  Commencement [see Note 1]

  This Act commences on the day on which it receives the Royal Assent.

3  Interpretation

  In this Act:

State includes the Northern Territory.

the 1988-89 year means the year beginning on 1 July 1988.

4  Grants to States during 1988-89 in respect of capital expenditure

 (1) The Treasurer may, during the 1988-89 year, make payments to a State specified in column 1 of the Schedule, for the purpose of financial assistance in connection with expenditure of a capital nature, of amounts not exceeding in the aggregate so much of the amount specified in column 2 of the Schedule opposite to the name of the State as exceeds the total of the deductible amounts in relation to the State.

 (2) For the purposes of subsection (1), a deductible amount in relation to a State other than the Northern Territory is an amount paid to the State under section 5D of the States (Works and Housing) Assistance Act 1985.

 (3) For the purposes of subsection (1), a deductible amount in relation to the Northern Territory is an amount paid to the Northern Territory as a general purpose capital grant out of either or both of the following:

 (a) such of the money appropriated by the Supply Act (No. 2) 1988-89 as is specified in Division 977 in Schedule 2 to that Act; or

 (b) such of the money appropriated by the Appropriation Act (No. 2) 1988-89 as is specified in Division 977 in Schedule 4 to that Act.

5  Advance payments to States for 1989-90 in respect of capital expenditure

  The Treasurer may, during the period of 6 months beginning on 1 July 1989, make payments to a State specified in column 1 of the Schedule, for the purpose of financial assistance in connection with expenditure of a capital nature, of amounts not exceeding in the aggregate the amount specified in column 3 of the Schedule opposite to the name of the State.

6  States not bound to apply payments towards capital expenditure

  Nothing in this Act prevents a State from applying an amount paid to it under section 4 or 5 for the purpose of expenditure that is not of a capital nature.

7  Loans to States for public housing

 (1) Subject to section 8, a State specified in column 1 of the Schedule may, on or before 31 December 1988, notify the Treasurer that, for the purpose of expenditure in respect of the 1988-89 year in relation to public housing, it requires a loan of a specified amount, not being an amount that exceeds the amount specified in column 2 in the Schedule opposite to the name of the State, and, where it does so, the Treasurer may, during that year, authorise the making of that loan by way of financial assistance to the State for that purpose.

 (2) Subject to sections 8 and 9, a loan under subsection (1) shall be made on such terms and conditions as are specified in the agreement entered into between the Commonwealth and the State under the Housing Assistance Act 1984 in relation to loans, other than any terms and conditions of the agreement relating to the provision of matching funds by the State.

 (3) Payments for the purposes of this section shall be made in such amounts and at such times as the Treasurer approves.

8  Loan not to be made to State in certain circumstances etc.

  The Treasurer shall not authorise the making of a loan to a State under subsection 7(1) during the 1988-89 year unless satisfied that the State will comply with the terms and conditions of the agreement entered into between the Commonwealth and the State under the Housing Assistance Act 1984 that relate to the provision of matching funds by the State during that year, and, in addition to the terms and conditions referred to in subsection 7(2), a loan to the State under subsection 7(1) is subject to the condition that the State will comply with the first-mentioned terms and conditions.

9  Variation of conditions relating to loan to State

 (1) If the Minister for Community Services and Health becomes satisfied that a State has not complied with the condition specified in section 8 in relation to a loan:

 (a) that Minister shall inform the Treasurer accordingly; and

 (b) the Treasurer may give the Treasurer of the State a notice in writing stating that the terms and conditions relating to interest on, and the repayment of, a specified part of the loan, being such part as the Treasurer considers to be appropriate, are to be the terms and conditions set out in the notice, being terms and conditions that the Treasurer, having regard to the terms and conditions relating to interest on, and the repayment of, other loans made by the Commonwealth to States, considers to be appropriate;

and, if such a notice is given, it has effect accordingly.

 (2) If the Minister for Community Services and Health becomes satisfied that a State has not expended, or committed itself to expend, in respect of the 1988-89 year in relation to public housing, the whole or a part of the money available to the State by way of a loan made to the State under subsection 7(1):

 (a) that Minister shall inform the Treasurer accordingly; and

 (b) the Treasurer may give the Treasurer of the State a notice in writing stating that the terms and conditions relating to interest on, and the repayment of, the loan or a specified part of the loan, being such part as the Treasurer considers to be appropriate, as the case may be, are to be the terms and conditions set out in the notice, being terms and conditions that the Treasurer, having regard to the terms and conditions relating to interest on, and the repayment of, other loans made by the Commonwealth to States, considers to be appropriate;

and, if such a notice is given, it has effect accordingly.

10  Advance payments to State in respect of public housing

 (1) The Treasurer may, during the period of 6 months beginning on 1 July 1989, make payments to a State specified in column 1 of the Schedule, for the purpose of financial assistance for expenditure for the purpose of public housing, of amounts not exceeding in the aggregate the amount specified in column 3 of the Schedule opposite to the name of the State.

 (2) Payments under subsection (1) shall be made on such terms and conditions as are determined by the Treasurer at the time when the payments are made, being such terms and conditions as the Treasurer considers to be appropriate.

11  Statement by State in respect of public housing

 (1) A State shall give the Minister for Community Services and Health, on or before 30 November 1989, a statement about the expenditure of the amount of a loan made to the State under subsection 7(1).

 (2) A statement under subsection (1) shall be:

 (a) in accordance with a form approved by the Minister for Community Services and Health; and

 (b) certified as to its correctness by a person appointed for that purpose by the relevant State Minister.

12  Payments to be made out of Consolidated Revenue Fund

  A payment to a State for the purposes of this Act may be made out of the Consolidated Revenue Fund.

13  Authority to borrow

  The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorising the issue of Treasury Bills, borrow money not exceeding in the aggregate the sum of:

 (a) the amounts that may become payable to the States under this Act; and

 (b) the expenses of borrowing;

less the sum of any amounts borrowed under section 15 of the States (Works and Housing) Assistance Act 1985 for the purposes of making payments to the States under sections 5D, 9 and 13 of that Act during the period of 6 months beginning on 1 July 1988.

14  Application of money borrowed

  Money borrowed under section 13 shall be issued and applied only for the expenses of borrowing and for the purposes of making payments to the States in accordance with this Act.

16  Appropriation

  The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act.

17  Delegation by Treasurer

 (1) The Treasurer may, by writing signed by him or her, delegate to a person holding, or performing the duties of, an office in the Department of the Treasury all or any of the Treasurer’s powers under sections 4, 5, 7 and 10.

 (2) A delegate is, in the exercise of a power so delegated, subject to the Treasurer’s directions.

Schedule—Amounts of capital grants, loans and advances

 

Sections 4, 5, 7 and 10

 

Column 1





State

Column 2

Maximum amount of grant under subsection 4(1) or of loan under subsection 7(1)

Column 3

Maximum aggregate amount of payments under section 5 or 10

 

$

$

New South Wales.............

86,335,500

43,167,750

Victoria....................

71,477,000

35,738,500

Queensland.................

18,724,500

9,362,250

Western Australia.............

22,877,000

11,438,500

South Australia...............

39,584,500

19,792,250

Tasmania...................

27,657,500

13,828,750

Northern Territory.............

43,848,000

21,924,000

Total..................

310,504,000

155,252,000

 

Notes to the States (Works and Housing) Assistance Act 1988

Note 1

The States (Works and Housing) Assistance Act 1988 as shown in this compilation comprises Act No. 82, 1988 amended as indicated in the Tables below.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

States (Works and Housing) Assistance Act 1988

82, 1988

19 Oct 1988

19 Oct 1988

 

Financial Framework Legislation Amendment Act 2005

8, 2005

22 Feb 2005

Schedule 1 (items 51–55): Royal Assent

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Heading to s. 12...........

am. No. 8, 2005

S. 12...................

am. No. 8, 2005

S. 14...................

am. No. 8, 2005

S. 15...................

rep. No. 8, 2005

S. 16...................

am. No. 8, 2005

 

 

Overview

The States (Works and Housing) Assistance Act 1988 was enacted by the Australian Parliament to address the need for financial assistance to the States and the Northern Territory for capital expenditure and public housing. This Act enables the Commonwealth to provide financial assistance to the States and the Northern Territory through grants, loans, and advances for specific purposes during the 1988-89 financial year. It also authorises the Commonwealth to borrow money to meet these financial obligations. The Act specifies conditions for the use of these funds, including the requirement for States to comply with certain terms and conditions related to matching funds and expenditure. The policy objective of the Act is to provide financial support to States for capital works and public housing, facilitating infrastructure development and housing initiatives across the country. The Act outlines provisions for grants and advances to States for capital expenditure during the 1988-89 year and for the 1989-90 year, as well as loans for public housing expenditure. It also includes measures for varying loan conditions if States do not comply with the agreed terms. Additionally, the Act allows the Treasurer to delegate certain powers to the Department of the Treasury and specifies the application of borrowed funds. The enactment of this legislation was crucial in providing the necessary financial assistance to support infrastructure and housing projects across Australia, thereby addressing a significant gap in funding for these critical areas.

Scope and Application

The States (Works and Housing) Assistance Act 1988 applies to the various states and the Northern Territory of Australia, providing financial assistance in the form of grants and loans for capital expenditure and public housing initiatives. The Act allows the Treasurer to make payments to these jurisdictions for capital expenditure purposes during the 1988-89 financial year and for the subsequent period of six months starting 1 July 1989. It also facilitates loans for public housing expenditure during the 1988-89 year, with specific conditions and limitations as outlined in the Act. The Act provides for the appropriation of funds from the Consolidated Revenue Fund and authorises the Treasurer to borrow necessary funds, subject to certain conditions and limits. Importantly, the Act does not mandate that the states must apply the payments solely towards capital expenditure, allowing flexibility in their use. The Act is subject to amendments, which can affect its application, as seen with the Financial Framework Legislation Amendment Act 2005, and subordinate instruments may extend or restrict its application.

Key Provisions

The States (Works and Housing) Assistance Act 1988 provides for financial assistance to the States and the Northern Territory in connection with capital expenditure and public housing. Section 4 allows the Treasurer to make payments to specified States during the 1988-89 year for capital expenditure, up to a certain amount specified in the Schedule. Section 5 extends this authority to make payments for the period of six months beginning on 1 July 1989 for the same purpose. Section 7 enables the Treasurer to authorise loans for public housing expenditure for the 1988-89 year, subject to the conditions specified in agreements under the Housing Assistance Act 1984. Section 10 further allows the Treasurer to make payments for public housing for the period of six months beginning on 1 July 1989, again subject to the Treasurer’s determination of appropriate terms and conditions. The Act imposes several obligations on the parties it governs. For instance, the Treasurer is required to ensure that States comply with certain conditions before authorising loans under Section 7. This includes the State's compliance with the terms and conditions of the agreement relating to the provision of matching funds. Additionally, Section 11 mandates that States must provide a statement to the Minister for Community Services and Health about the expenditure of loan amounts, which must be certified as correct by an appointed person. Furthermore, Section 12 specifies that payments made under the Act may be sourced from the Consolidated Revenue Fund. The Act also outlines specific offences and penalties for breaches of its provisions. Although the Act does not explicitly state the penalties for non-compliance, breaches of such legislative provisions could potentially lead to legal consequences under other relevant laws or regulations. The seriousness of the consequences would depend on the nature and extent of the breach, and the specific legal framework under which the action is taken. For example, failure to comply with the conditions for loan authorisation could result in the terms and conditions of the loan being varied, as specified in Section 9. Moreover, the Act's provisions are designed to ensure financial accountability and proper use of funds, with any misuse potentially leading to legal scrutiny and possible penalties under broader financial and administrative laws.

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Act
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Commencement Provisions
Delegation by Treasurer
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.