Territory Authorities (Financial Provisions) Act 1978

Administered by Department of Finance

Legislation au C2004A01805 Not in force Act

Legislation content

Territory Authorities (Financial Provisions) Act 1978

Act No. 6 of 1978 as amended

[Note: This Act was repealed by Act No. 136 of 2012 on 22 September 2012]

This compilation was prepared on 19 April 2011
taking into account amendments up to Act No. 5 of 2011

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,
Attorney‑General’s Department, Canberra

 

 

 

Contents

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Repeal

4 Interpretation

5 Extension of Act to Territories

6 Payment of moneys appropriated for the purposes of certain authorities

7 Borrowing by certain authorities

8 Exemption from taxation of certain authorities

9 Liability to taxation of certain authorities

10 Regulations

Schedule

Part I—Authorities Exempt from Taxation

Part II—Authorities Liable to Taxation

Notes

 

An Act relating to moneys appropriated for the purposes of certain authorities of the Territories, the borrowing of moneys by such authorities and the liability of such authorities to taxation

1  Short title [see Note 1]

  This Act may be cited as the Territory Authorities (Financial Provisions) Act 1978.

2  Commencement [see Note 1]

  This Act shall come into operation on the day on which it receives the Royal Assent.

3  Repeal

  The Territory Authorities (Financial Provisions) Act 1973 is repealed.

4  Interpretation

 (1) In this Act, unless the contrary intention appears:

authority means:

 (a) except in sections 6 and 7—a body corporate established for a public purpose by or under a law of a Territory; and

 (b) in sections 6 and 7—a body corporate established for a public purpose by or under a law of a Territory, other than an enactment within the meaning of the Australian Capital Territory (Self‑Government) Act 1988.

Finance Minister means the Minister administering the Financial Management and Accountability Act 1997.

 (2) A reference in a section of this Act to an authority to which that section applies shall be read as a reference to an authority declared by the regulations to be an authority to which that section applies.

5  Extension of Act to Territories

  This Act extends to every external Territory.

6  Payment of moneys appropriated for the purposes of certain authorities

 (1) Moneys appropriated by the Parliament for the purposes of an authority to which this section applies (not being moneys appropriated for the purpose of being lent to the authority) are, subject to subsection (2), payable to the authority.

 (2) The Finance Minister may give directions as to the amounts in which, and the times at which, the moneys are to be paid to the authority.

7  Borrowing by certain authorities

 (1) The Finance Minister may, on behalf of the Commonwealth, out of moneys appropriated by the Parliament for the purpose, lend to an authority to which this section applies, at such rate of interest and on such other terms and conditions as he determines, moneys that the authority may lawfully borrow.

 (2) The Treasurer may, on behalf of the Commonwealth, guarantee the repayment by an authority to which this section applies of amounts lawfully borrowed by the authority, other than moneys lent under this section, and the payment of interest on amounts so borrowed.

8  Exemption from taxation of certain authorities

 (1) Subject to subsection (2), the authorities set out in Part I of the Schedule are not subject to taxation under any law of the Commonwealth or of a State.

 (2) The regulations may provide that subsection (1) does not apply to a specified authority in relation to a specified law.

9  Liability to taxation of certain authorities

 (1) The authorities set out in Part II of the Schedule are subject to taxation under the laws of the Commonwealth.

 (2) Subject to subsection (3), the authorities referred to in subsection (1) are not subject to taxation under any law of a State.

 (3) The regulations may provide that subsection (2) does not apply to a specified authority in relation to a specified law.

10  Regulations

  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Schedule

Sections 8 and 9

Part I—Authorities Exempt from Taxation

Australian Capital Territory Schools Authority

Capital Territory Health Commission

Darwin Community College

Legal Aid Commission (A.C.T.)

Part II—Authorities Liable to Taxation

National Exhibition Centre Trust

Poker Machine Licensing Board of the Capital Territory

Notes to the Territory Authorities (Financial Provisions) Act 1978

Note 1

The Territory Authorities (Financial Provisions) Act 1978 as shown in this compilation comprises Act No. 6, 1978 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

Territory Authorities (Financial Provisions) Act 1978

6, 1978

28 Mar 1978

28 Mar 1978

 

Statute Law (Miscellaneous Amendments) Act (No. 2) 1982

80, 1982

22 Sept 1982

Part LXXIV (ss. 268, 269): 1 July 1982 (a)

—

A.C.T. Self‑Government (Consequential Provisions) Act 1988

109, 1988

6 Dec 1988

S. 32: 11 May 1989 (see Gazette 1989, No. S164) (b)

—

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Schedule 5 (items 216, 217): 19 Apr 2011

—

 (a) The Territory Authorities (Financial Provisions) Act 1978 was amended by Part LXXIV (sections 268 and 269) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(8) of which provides as follows:

 (8) Parts XX and LXXIV shall be deemed to have come into operation on 1 July 1982.

(b) The Territory Authorities (Financial Provisions) Act 1978 was amended by section 32 only of the A.C.T. Self‑Government (Consequential Provisions) Act 1988, subsection 2(3) of which provides as follows:

 (3) The remaining provisions of this Act (including the amendments made by Schedule 5) commence on a day or days to be fixed by Proclamation.

Table of Amendments

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

Provision affected

How affected

S. 4....................

am. No. 109, 1988; No. 5, 2011

Ss. 6, 7.................

am. No. 5, 2011

S. 9....................

am. No. 109, 1988

Schedule................

am. No. 80, 1982; No. 109, 1988

 

Overview

The Territory Authorities (Financial Provisions) Act 1978 was enacted to address the financial management of certain authorities within Australia's external territories. The Act was introduced to provide a comprehensive framework for the payment and borrowing of funds by these authorities, as well as to delineate their tax liabilities. It was enacted by the Parliament of Australia and its policy objective was to ensure the efficient and transparent financial operations of specified authorities in the territories. The Act was repealed by the Financial Legislation (Consequential Amendments and Repeals) Act 2012 on 22 September 2012. The Act allowed for the payment of moneys appropriated for certain authorities, authorised the Finance Minister to lend funds to these authorities, and exempted or subjected certain authorities to taxation based on schedules within the Act. The regulations made under this Act provided flexibility in applying the provisions to specific authorities and laws.

Scope and Application

The Territory Authorities (Financial Provisions) Act 1978, as amended, pertains to the financial provisions of certain authorities established in Australian territories, specifically the Australian Capital Territory and the Northern Territory. The Act outlines the payment of appropriated moneys, the borrowing of funds by these authorities, and their tax liabilities. The Act applies to "authorities" which are defined as bodies corporate established for a public purpose by or under a law of a Territory, with a specific distinction made for authorities in the Australian Capital Territory under the Australian Capital Territory (Self-Government) Act 1988. The Act extends to every external territory of Australia, thereby encompassing both the Australian Capital Territory and the Northern Territory, and was repealed by the Financial Sector (Tax and Superannuation) Legislation Amendment Act 2012 on 22 September 2012. The Act allows for the exemption or imposition of taxation on certain authorities through regulations, providing flexibility in the application of tax liabilities to specific authorities and laws.

Key Provisions

The Territory Authorities (Financial Provisions) Act 1978 provides several key provisions regarding the financial management of certain authorities within the Australian territories. Section 6 stipulates that moneys appropriated by Parliament for the purposes of certain authorities are payable to the authority, subject to the Finance Minister’s directions regarding the amounts and timing of payments. Section 7 allows the Finance Minister to lend money to certain authorities, while Section 8 empowers the Treasurer to guarantee the repayment of lawful borrowings by these authorities, except those made under Section 7. Section 8 also provides that certain authorities listed in the Schedule are exempt from taxation under Commonwealth or State laws, subject to any regulatory modifications. Conversely, Section 9 imposes taxation liability on other specified authorities under Commonwealth laws, with exceptions that may be regulated. The Act imposes several obligations on the parties it governs. Firstly, authorities must adhere to the payment directives issued by the Finance Minister under Section 6. Authorities that receive loans under Section 7 are bound by the terms and conditions set by the Finance Minister. Additionally, authorities listed in Schedule Part I are exempt from taxation unless specified by regulations, and those in Schedule Part II are subject to Commonwealth taxation unless otherwise regulated. Authorities must comply with any regulatory changes made under Section 10 to ensure they meet their financial obligations and tax liabilities as specified by the Act. Breaches of the Act may result in civil or criminal consequences, although specific penalties are not detailed within the Act itself. The Act, however, authorises the creation of regulations, and these may include specific penalties or enforcement measures for non-compliance. It is essential for authorities to ensure they follow the Act's provisions and any relevant regulations to avoid potential legal repercussions. The absence of explicit penalties in the Act suggests that regulatory measures might outline the consequences of non-compliance, which could include fines or other corrective actions.

Legal classification tags

Area of Law
Administrative Law
Instrument
Act
Concepts
Commencement Provisions
Liability to taxation of certain authorities
Borrowing by certain authorities

Interactions

Authorises

All Versions

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.