States (Works and Housing) Assistance Amendment Act 1987

Administered by Department of the Treasury

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No. 96 of 1987

An Act to amend the States (Works and Housing) Assistance Act 1985, and for related purposes

[Assented to 5 November 1987]

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

Short title etc.

1. (1) This Act may be cited as the States (Works and Housing) Assistance Amendment Act 1987.

(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 5b of the Principal Act the following sections are inserted:

Grants to States during 1987-88 in respect of capital expenditure

“5c. The Treasurer may, during the third relevant year, make payments to a State specified in column 1 of Schedule 4, 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 5b.

Advance payments to States for 1988-89 in respect of capital expenditure

“5d. The Treasurer may, during the period of 6 months commencing on 1 July 1988, make payments to a State specified in column 1 of Schedule 4, 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 by omitting “30%” from paragraph (c) of the definition of “prescribed amount” in subsection (5) and substituting “the whole”.

Loans to Northern Territory for public housing

5. Section 10 of the Principal Act is amended:

(a) by omitting from paragraph (a) of the definition of “prescribed amount” in subsection (5) “and the third relevant year”;

(b) by omitting from paragraph (a) of the definition of “prescribed amount” in subsection (5) “and” (last occurring); and

“; and (c) in relation to the third relevant year—an amount equal to the borrowing entitlement of the Northern Territory for the relevant year.”.

6. (1) After section 13 of the Principal Act the following section is inserted:

Statement by State in respect of public housing

“13a. (1) A State shall give the Minister for Community Services and Health, not later than 30 November next following the end of a relevant year, a statement as to the expenditure of the amount of a loan made to the State in that year under the relevant subsection.

“(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.

“(3) In this section:

‘relevant subsection’ means:

(a) in the case of the Northern Territory—subsection 10 (1); and

(b) in any other case—subsection 6 (1);

‘State’ includes the Northern Territory.”.

(2) The amendment made by subsection (1) does not apply to a relevant year commencing on 1 July 1985 or 1 July 1986.

Schedule

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

“SCHEDULE 4 Sections 5c and 5d

CAPITAL GRANTS FOR 1987-88 AND ADVANCE PAYMENTS FOR 1988-89

Column 1	Column 2	Column 3
State	Maximum aggregate amount of payments under section 5c	Maximum aggregate amount of payments under section 5d
	$	$
New South Wales.................	58,224,000	29,112,000
Victoria.......................	48,318,000	24,159,000
Queensland.....................	12,483,000	6,241,500
Western Australia.................	11,251,000	5,625,500
South Australia..................	27,390,000	13,695,000
Tasmania......................	18,438,000	9,219,000
Total.........................	176,104,000	88,052,000”.

References to the Minister for Community Services and Health to replace references to the Minister for Housing and Construction

8. The Principal Act is amended as set out in the Schedule to this Act.

SCHEDULE Section 8

AMENDMENTS OF THE STATES (WORKS AND HOUSING) ASSISTANCE ACT 1985 TO REPLACE REFERENCES TO THE MINISTER FOR HOUSING AND CONSTRUCTION WITH REFERENCES TO THE MINISTER FOR COMMUNITY SERVICES AND HEALTH

The States (Works and Housing) Assistance Act 1985 is amended by omitting from the following provisions “Minister for Housing and Construction” and substituting “Minister for Community Services and Health”:

Subsections 8 (1) and (2), subsections 12 (1) and (2).

NOTE

1. No. 118, 1985, as amended. For previous amendment, see No. 124, 1986.

[Minister’s second reading speech made in—

House of Representatives on 15 September 1987

Senate on 22 October 1987]

Overview

The States (Works and Housing) Assistance Amendment Act 1987 was enacted to amend the States (Works and Housing) Assistance Act 1985, with the aim of providing additional financial assistance to the states for capital expenditure and public housing during the 1987-88 financial year. This Act was passed by the Parliament of Australia and received Royal Assent on 5 November 1987. The primary objective of the Act was to address the need for increased funding for state-level infrastructure and housing projects by providing specific grants and modifying existing loan provisions. By amending the Principal Act, the legislation sought to enhance the financial support available to the states for capital works and public housing initiatives, thereby facilitating the development of essential infrastructure and housing projects across the country.

Scope and Application

The States (Works and Housing) Assistance Amendment Act 1987 amends the States (Works and Housing) Assistance Act 1985 to provide for financial assistance to the States for capital expenditure and public housing during the third relevant year, defined as the year ending 30 June 1988. The Act applies to the Australian states and territories, providing grants and advance payments for capital expenditure and loans for public housing, with specific amounts allocated to each state and territory in Schedule 4. The Act requires states to provide a statement of expenditure for public housing loans, certified by an appointed officer. The Act also replaces references to the Minister for Housing and Construction with the Minister for Community Services and Health. The Act applies to the Commonwealth of Australia and extends to the states and territories in accordance with the Constitution. The Act does not provide for any exclusions, exemptions, or thresholds. The application of the Act may be extended or restricted through subordinate instruments.

Key Provisions

The States (Works and Housing) Assistance Amendment Act 1987 introduces several key changes to the States (Works and Housing) Assistance Act 1985 (Principal Act). Firstly, sections 5c and 5d are inserted after section 5b of the Principal Act (sections 3 and 4). Section 5c allows the Treasurer to make payments to states during the third relevant year, for the purpose of financial assistance in connection with capital expenditure, up to a specified maximum aggregate amount (section 3). Section 5d permits the Treasurer to make advance payments to states during a six-month period starting on 1 July 1988, again for capital expenditure, up to another specified maximum aggregate amount (section 4). The Act imposes specific obligations on the states receiving these payments. Each state must submit a statement to the Minister for Community Services and Health by 30 November following the end of the relevant year, detailing how the loan amount was spent (section 6). This statement must adhere to a form approved by the Minister and be certified by a person appointed by the relevant state minister (section 6). Additionally, the Act modifies the definition of “prescribed amount” under section 6 of the Principal Act to allow for the whole amount to be borrowed, rather than a capped percentage (section 4). The Act also alters the definition of “prescribed amount” in relation to loans for public housing in the Northern Territory, removing certain time constraints and introducing a new calculation method (section 5). The Act outlines specific consequences for non-compliance with its provisions. For instance, failure to provide the required statement to the Minister within the stipulated timeframe may result in administrative or legal repercussions. Although the Act does not explicitly state the maximum penalties for such breaches, non-compliance with federal legislation can typically result in fines, legal action, or other enforcement measures. The precise penalties would depend on the nature and severity of the breach, as well as any relevant administrative or judicial guidelines.

Area of Law: Environmental Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; Reporting & Disclosure Obligations; Regulatory Standards; Licensing & Registration

Interactions

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.

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