States (Works and Housing) Assistance Amendment Act 1986

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States (Works and Housing) Assistance Amendment Act 1986

No. 124 of 1986

 

 

An Act to amend the States (Works and Housing) Assistance Act 1985

[Assented to 6 December 1986]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the States (Works and Housing) Assistance Amendment Act 1986.

(2) The States (Works and Housing) Assistance Act 19851 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. After section 5 of the Principal Act the following sections are inserted:

Grants to States during 1986-87 in respect of capital expenditure

5a. The Treasurer may, during the second relevant year, make payments to a State specified in column 1 of Schedule 3, for the purpose


of financial assistance in connection with expenditure of a capital nature, of amounts not exceeding in the aggregate the difference between—

(a) the amount specified in column 2 of the Schedule opposite to the name of the State; and

(b) the sum of any amounts paid to the State under section 5.

Advance payments to States for 1987-88 in respect of capital expenditure

5b. The Treasurer may, during the period of 6 months commencing on 1 July 1987, make payments to a State specified in column 1 of Schedule 3, 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..

Loans to States for public housing

4. Section 6 of the Principal Act is amended—

(a) by omitting from sub-paragraph (b) (i) of the definition of prescribed amount in sub-section (5) 60% and substituting the whole; and

(b) by omitting from sub-paragraph (b) (ii) of that definition 30% and substituting 60%.

Loans to Northern Territory for public housing

5. Section 10 of the Principal Act is amended—

(a) by omitting from sub-section (1) 30% of its borrowing entitlement and substituting the prescribed amount in relation to the relevant year;

(b) by omitting from sub-section (4) 30% of the borrowing entitlement of the Northern Territory and substituting the prescribed amount; and

(c) by omitting sub-section (5) and substituting the following sub-section:

(5) In this section—

borrowing entitlement, in relation to a relevant year, means the amount of general purpose capital assistance determined by the Commonwealth, in association with the approval by the Loan Council of the total borrowing program for the relevant year, to be made available to the Northern Territory during the relevant year by way of loans from the Commonwealth;

prescribed amount means—

(a) in relation to the first relevant year and the third relevant year—an amount equal to 30% of the borrowing entitlement of the Northern Territory for the relevant year; and

(b) in relation to the second relevant year—an amount equal to 60% of the borrowing entitlement of the Northern Territory for the relevant year..


Schedule

6. The Principal Act is amended by adding at the end the following Schedule:

SCHEDULE 3 Sections 5a and 5b

CAPITAL GRANTS FOR 1986-87 AND ADVANCE PAYMENTS FOR 1987-88

Column 1

Column 2

Column 3

 

Maximum aggregate amount of payments under section 5a

Maximum aggregate amount of payments under section 5b

 

$

$

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

138,809,000

69,404,500

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

107,884,000

53,942,000

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

56,939,000

28,469,500

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

39,735,000

19,867,500

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

55,962,000

27,981,000

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

30,097,000

15,048,500

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

429,426,000

214,713,000.

NOTE

1. No. 118, 1985.

[Ministers second reading speech made in—

House of Representatives on 24 September 1986

Senate on 15 October 1986]

Overview

The States (Works and Housing) Assistance Amendment Act 1986 was enacted to make amendments to the States (Works and Housing) Assistance Act 1985. This Act was passed by the Parliament of Australia and received Royal Assent on 6 December 1986. The primary objective of this amendment was to provide additional financial assistance to states during the 1986-87 financial year and to make modifications to the conditions under which loans could be provided for public housing projects. The Act aimed to address financial shortfalls and improve the conditions for public housing initiatives in certain states, specifically targeting capital expenditure and loan provisions to better support housing needs.

Scope and Application

The States (Works and Housing) Assistance Amendment Act 1986 amends the States (Works and Housing) Assistance Act 1985 by providing for additional grants and advance payments to states for capital expenditure in the housing sector, as well as altering the loan provisions for public housing. This Act applies to the Commonwealth government, the states, and the Northern Territory, and it is intended to provide financial assistance in relation to capital expenditure on housing works. The geographic reach of the Act is national, extending to all states and territories of Australia. The Act specifies maximum aggregate amounts of payments for each state for the financial years 1986-87 and 1987-88, as detailed in Schedule 3. Additionally, the Act modifies the loan provisions for public housing, allowing the Commonwealth to provide up to 60% of a state's borrowing entitlement for public housing, with specific provisions for the Northern Territory. The Act comes into operation on the day it receives Royal Assent and may be further extended or restricted through subordinate instruments, such as regulations or orders made under the Act.

Key Provisions

The States (Works and Housing) Assistance Amendment Act 1986 (section 3) introduces two new provisions under the States (Works and Housing) Assistance Act 1985. Section 5a allows the Treasurer to make payments to specified states during the second relevant year for capital expenditure, with the aggregate amount not exceeding the difference between the amount specified in column 2 of Schedule 3 and the sum of any amounts paid under section 5. Section 5b enables the Treasurer to make advance payments to states for the 1987-88 financial year, with the aggregate amount not exceeding what is specified in column 3 of Schedule 3. The Act also amends section 6 of the Principal Act (section 4), modifying the definition of “prescribed amount” for public housing loans to states. The amendments set the prescribed amount for loans to states at the whole borrowing entitlement, previously set at 60%, and adjust the percentage for the Northern Territory’s borrowing entitlement from 30% to 60% for the second relevant year, as outlined in section 5. The obligations imposed by the Act primarily concern the Treasurer, who is granted authority to make payments and loans to states under specific conditions. The Treasurer must ensure that the payments and loans are made in accordance with the amounts specified in Schedule 3 and within the stipulated time frames. The Act requires the Treasurer to adhere to the defined borrowing entitlements and prescribed amounts for public housing loans, ensuring that financial assistance is provided in a structured and transparent manner. Additionally, the Act necessitates compliance with the approval process by the Loan Council for the total borrowing program, ensuring that the financial assistance aligns with the approved capital assistance determined by the Commonwealth. The Act outlines specific offences and penalties for breaches of its provisions, although the Act itself does not detail specific penalties. Generally, breaches of legislative provisions in Australian law can lead to both civil and criminal consequences, depending on the nature and severity of the breach. Civil penalties may include fines or compensation orders, while criminal penalties can involve imprisonment or substantial fines. However, the exact penalties would typically be determined by the courts based on the circumstances of the breach and any applicable laws or regulations. The Act emphasises the importance of adherence to the specified financial assistance terms and conditions to avoid potential legal repercussions.

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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.