WESTERN AUSTRALIA GRANT (WATER SUPPLY).
No. 52 of 1948.
An Act to grant and apply out of the Consolidated Revenue Fund a sum for the purpose of making a Grant to the State of Western Australia for the purpose of Water Supply Development.
[Assented to 25th November, 1948.]
BE it enacted by the King’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 (Water Supply) Act 1948.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3. In this Act, unless the contrary intention appears—
“the scheme” means the Agricultural Areas, Great Southern Towns, and Goldfields Water Supply Scheme referred to in the State Act;
“the State” means the State of Western Australia;
“the State Act” means the Act of the State known as the Agricultural Areas, Great Southern Towns, and Goldfields Water Supply Act, 1947.
Appropriation of amount not exceeding £2,150,000.
4. Subject to this Act, there shall be payable out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, the amounts required to make payments in accordance with this Act, but not exceeding in the aggregate the sum of Two million one hundred and fifty thousand pounds, for the purpose of financial assistance to the State.
Basis of payments.
5. Each payment to the State under this Act shall be of such amount, and shall be payable at such time, as the Treasurer determines but no payment shall be made of such an amount that the aggregate of the amounts of that payment and of the payments
previously made would exceed one-half of the sum which the Auditor-General” for the State certifies has been expended by the State upon so much of the scheme as comprises—
(a) reticulating water for towns, stock and domestic purposes to certain of the Mixed Farming (Cereal and Sheep) Districts of the State situate within the area described in the Schedule to the State Act; and to towns along the Great Southern Railway of the State from and including Beverley to and including Katanning; and
(b) increasing the supply to the Eastern Goldfields Areas of the State, but not including alterations of the Mundaring Weir or the Wellington Dam.
Questions to be decided by Treasurer.
6. Any questions arising as to the amount of any payment proposed to be made under this Act or as to the time of payment of any such amount, shall be determined by the Treasurer and his decision shall be final.
Overview
The Western Australia Grant (Water Supply) Act 1948 was enacted to address the need for financial assistance for water supply development in the State of Western Australia. The Act was passed by the Parliament of Australia, and it came into operation on the day it received Royal Assent. The primary objective of this legislation is to provide a grant from the Consolidated Revenue Fund to Western Australia, specifically for the Agricultural Areas, Great Southern Towns, and Goldfields Water Supply Scheme. The total amount allocated for this purpose is not to exceed £2,150,000. Each payment to the State is to be determined by the Treasurer, subject to the condition that the aggregate payments do not exceed half of the amount certified by the Auditor-General for expenditures on the scheme, which includes reticulating water for towns and increasing the supply to the Eastern Goldfields Areas. Any questions regarding the amount or timing of payments are to be resolved by the Treasurer, with their decision being final.
Scope and Application
The Western Australia Grant (Water Supply) Act 1948 applies to the appropriation and distribution of funds from the Consolidated Revenue Fund to provide financial assistance to the State of Western Australia for the development of water supply infrastructure as outlined in the Agricultural Areas, Great Southern Towns, and Goldfields Water Supply Scheme. This Act is geographically limited to Western Australia and pertains specifically to the scheme mentioned in the Agricultural Areas, Great Southern Towns, and Goldfields Water Supply Act, 1947. The Act authorises the appropriation of an amount not exceeding £2,150,000, with the Treasurer determining the amount and timing of each payment to the State. The payments are contingent on the State's expenditure on the scheme, with no payment to exceed one-half of the amount certified by the Auditor-General for the State. The Treasurer's decisions regarding the amount and timing of payments are final, as stipulated by the Act.
Key Provisions
The Western Australia Grant (Water Supply) Act 1948 primarily involves the appropriation of funds for water supply development in Western Australia. Section 4 specifies that up to £2,150,000 shall be made available from the Consolidated Revenue Fund to provide financial assistance to the State. The payments are to be made in accordance with the Act, but not exceeding the total amount of £2,150,000. Section 5 details the basis for these payments, stating that each payment amount and the timing are to be determined by the Treasurer, but it must not exceed one-half of the amount certified by the Auditor-General for expenditures on the specified water supply scheme.
The Act imposes specific obligations on the parties involved. Under Section 5, the Treasurer has the final say in determining the amount of any payment and the timing of such payments. The Treasurer must ensure that no payment exceeds half of the audited expenditures on the scheme, which includes reticulating water for towns, stock, and domestic purposes in certain districts and increasing the supply to the Eastern Goldfields Areas, excluding alterations to the Mundaring Weir or the Wellington Dam. Additionally, Section 6 stipulates that any questions regarding the amount or timing of payments are to be decided by the Treasurer, with their decision being final.
Failure to adhere to the provisions of this Act could potentially lead to legal consequences. However, the Act itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. The primary enforcement mechanism appears to be the final decision-making authority vested in the Treasurer, as noted in Section 6. Given the historical context of the Act and the nature of financial appropriations, it is likely that any breaches would be addressed through administrative or financial oversight rather than through formal legal penalties. Nonetheless, the Act’s authority and the potential repercussions for non-compliance underscore the importance of adhering to the prescribed financial and procedural guidelines.