Supported Accommodation Assistance Amendment Act 1994

Overview

The Supported Accommodation Assistance Amendment Act 1994 (No. 175 of 1994) was enacted by the Parliament of Australia to amend the Supported Accommodation Assistance Act 1989. The primary purpose of this Act was to introduce specific restrictions on the continuation of agreements and payments under the Principal Act beyond a defined "termination day." This legislation ensures that certain agreements and payments cannot be entered into or approved by the Commonwealth after this termination day, as outlined in the Act. The policy objective appears to be to provide a clear and definitive end to the scope and operation of certain agreements and payments related to supported accommodation assistance, ensuring that the changes are implemented effectively and in accordance with the legislative intent.

Scope and Application

The Supported Accommodation Assistance Amendment Act 1994 amends the Supported Accommodation Assistance Act 1989, introducing specific limitations on agreements and payments related to supported accommodation services. The Act applies to the Commonwealth in its capacity to enter into agreements and make payments under the Principal Act. It imposes a definitive termination day, after which the Commonwealth is prohibited from entering into new agreements or authorising payments, effectively curtailing the ongoing support and funding for services provided under the Principal Act. This legislative amendment underscores a clear cessation of certain activities post the specified termination date, with no allowance for extensions or exceptions unless explicitly stated in subordinate instruments. The Act's jurisdictional scope is limited to the Commonwealth, and it does not extend to state or territory governments or private entities, focusing solely on federal actions within the supported accommodation framework.

Key Provisions

The main operative sections of the Supported Accommodation Assistance Amendment Act 1994 include the amendment to the definition of "termination day" in Section 3 (subsection 17(2) of the Supported Accommodation Assistance Act 1989), the restriction on entering into agreements post-termination day in Section 4, and the prohibition on authorising payments and approving certain payments after the termination day in Sections 5 and 7 respectively. Essentially, these sections aim to ensure that no new agreements, payments, or approvals are made after a specified termination day. The Act imposes specific obligations and requirements on the Commonwealth and the Minister under the Supported Accommodation Assistance Act 1989. According to Section 4, the Commonwealth is prohibited from entering into any agreement after the termination day. Similarly, under Section 5, the Minister is restricted from authorising any payment under subsection (1) after this termination day. Furthermore, Section 7 mandates that the Minister cannot approve any payment under subsection (1) post-termination day. These provisions are designed to enforce a cessation of certain activities and financial transactions beyond the specified date. Breaching these provisions can lead to significant consequences. While the Act does not explicitly state penalties or specific offences, the clear prohibitions imply that any actions taken in contravention of these sections could be subject to legal action. The seriousness of these breaches could potentially lead to civil or criminal penalties, although the exact nature and extent of these penalties are not detailed within the text of the Act itself. The lack of explicit penalties in the Act may imply that the breaches are considered serious enough to warrant legal recourse without needing to specify the penalties within the Act.