WESTERN AUSTRALIA GRANT (NORTHERN DEVELOPMENT).
No. 28 of 1958.
An Act to grant Financial Assistance to the State of Western Australia in relation to the Development of the Northern part of that State.
[Assented to 21st May, 1958.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—
Short title.
1. This Act may be cited as the Western Australia Grant (Northern Development) Act 1958.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3. In this Act—
“approved projects” means projects approved by the Treasurer under this Act;
“the northern part of the State” means that part of the State which is north of the twentieth parallel of south latitude;
“the prescribed period” means the period of five years commencing on the first day of July, One thousand nine hundred and fifty-eight;
“the State” means the State of Western Australia.
Approval of projects.
4.—(1.) The State may request the Commonwealth to approve, for the purpose of this Act, a project in relation to the development of the northern part of the State, and the Treasurer may, subject to the next succeeding sub-section, approve the project on behalf of the Commonwealth.
(2.) The Treasurer shall exercise his powers under the last preceding sub-section with a view to ensuring that moneys are provided under this Act only in relation to projects which he is satisfied will contribute to the development of the northern part of the State and could not reasonably be expected to be carried out during the prescribed period without the grant of financial assistance to the State by the Commonwealth in relation to those projects.
Financial assistance to the State.
5.—(1.) Subject to the next succeeding sub-section, amounts determined by the Treasurer, not exceeding in the aggregate the sum of Two million five hundred thousand pounds, are payable, at such respective times as are determined by the Treasurer, to the State for the purposes of financial assistance to the State in relation to approved projects.
(2.) A payment shall not be made to the State under this section unless—
(a) the Auditor-General of the State furnishes to the Treasurer—
(i) a certificate in writing certifying that an amount specified in the certificate has been expended by the State during the prescribed period for or in connexion with approved projects; and
(ii) such particulars in relation to the expenditure of that amount as the Treasurer requires; and
(b) the sum of the amounts of that payment and the payments, if any, previously made to the State under this section is not greater than the sum of the amount certified in the certificate and Fifty thousand pounds.
Appropriation.
6. Payments under this Act shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
Overview
The Western Australia Grant (Northern Development) Act 1958 was enacted to provide financial assistance from the Commonwealth to the State of Western Australia for the development of its northern region, specifically north of the twentieth parallel of south latitude. This Act was introduced to address the need for financial support for infrastructure and developmental projects in a region that was otherwise underserved and in need of significant investment. Enacted by the Parliament of Australia, the Act aims to facilitate the economic growth and development of northern Western Australia by offering financial grants, subject to approval by the Treasurer, for projects that are deemed essential and cannot be reasonably undertaken without Commonwealth assistance. The Act ensures that the financial aid provided is monitored and certified by the State's Auditor-General, maintaining accountability and oversight in the allocation and expenditure of the funds.
Scope and Application
The Western Australia Grant (Northern Development) Act 1958 applies to the State of Western Australia and specifically targets the development of the northern part of the state, which is defined as the area north of the twentieth parallel of south latitude. The Act facilitates the provision of financial assistance by the Commonwealth to the State for approved projects that are intended to foster development in this designated region. The Commonwealth exercises control over the allocation of funds through the Treasurer, who approves projects based on their potential contribution to regional development and the necessity for Commonwealth financial support. The Act stipulates that financial assistance is contingent upon the expenditure of funds on approved projects during a prescribed period of five years starting from 1 July 1958. Payments are subject to conditions, including the requirement for the State's Auditor-General to certify expenditure and the overall limit of financial assistance to the State, which cannot exceed an aggregate of £2,500,000. The Act extends its reach by providing for the appropriation of funds from the Consolidated Revenue Fund for the purposes outlined within the legislation.
Key Provisions
The Western Australia Grant (Northern Development) Act 1958 (sections 1-6) sets out the framework for the Commonwealth's financial assistance to the State of Western Australia for projects aimed at the development of its northern region. The Act may be cited as the Western Australia Grant (Northern Development) Act 1958 and it comes into operation upon receiving Royal Assent. Definitions provided in the Act clarify terms such as "approved projects", "the northern part of the State", "the prescribed period", and "the State". Under section 4, the State can request the Commonwealth to approve projects for development in the northern region, with the Treasurer having the authority to approve these projects, ensuring they contribute to the development and could not reasonably be completed without Commonwealth financial assistance. Section 5 outlines the financial assistance to be provided by the Commonwealth, up to a total of £2,500,000, contingent on the Auditor-General certifying expenditure on approved projects and other conditions specified by the Treasurer. Section 6 mandates that payments under the Act are to be made from the Consolidated Revenue Fund.
The Act imposes specific obligations on both the State and the Commonwealth. The State is required to request approval for projects from the Commonwealth and ensure that any expenditure on approved projects is certified by the Auditor-General. The Treasurer, on the other hand, must approve projects based on their potential to contribute to the development of the northern region and their necessity for Commonwealth financial assistance. Additionally, the Treasurer has the discretion to determine the amounts and timing of payments, subject to the conditions stipulated in section 5.
While the Act does not explicitly detail offences, penalties, or consequences for breach, the importance of compliance with the certification requirements and conditions for payments cannot be overstated. Non-compliance by the State, such as failing to provide proper certification of expenditure, could potentially lead to delays or withholding of payments by the Commonwealth. Similarly, the Treasurer's approval process and the financial constraints set by the Act could result in civil or administrative consequences if not adhered to. The Act's primary focus is on ensuring that financial assistance is provided effectively and efficiently for the intended development projects.