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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Local
Government (Financial Assistance) Amendment Bill
2000
No. ,
2000
(Regional Services, Territories and Local
Government)
A Bill for an Act to amend the
Local Government (Financial Assistance) Act 1995, and for related
purposes
ISBN: 0642 428794
Contents
A Bill for an Act to amend the Local Government
(Financial Assistance) Act 1995, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Local Government (Financial Assistance)
Amendment Act 2000.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 After section 4
Insert:
(1) For the purposes of:
(a) causing a factor to be worked out under subsection 8(1) in relation to
the current year mentioned in that subsection; and
(b) applying section 10 in respect of the current year mentioned in that
section;
the following apply:
(c) the expression population of the State means the
population of the State on 31 December in the year immediately before the
current year as set out in an estimate of that population on that date made by
the Statistician for the purposes of this section;
(d) the expression population of Australia means the total
population of all of the States on 31 December in the year immediately before
the current year as set out in an estimate of that population on that date made
by the Statistician for the purposes of this section.
(2) The Statistician, in making an estimate for the purposes of this
section of the population of a State, must have regard to the latest statistics
in relation to the population available to the Statistician on the day on which
the estimate is made.
(3) The Minister must, as soon as practicable after the Statistician makes
an estimate of the population of each State for the purposes of this section,
cause to be given to the Treasurer of each State a written notice setting out
the population of the State and the total population of all of the
States.
2 At the end of section 6
Add:
(8) For the purposes of this section, any possibility of a reduction in
the amount allocated to any local governing body in complying with the condition
in paragraph 15(aa) is to be disregarded.
3 After subsection 7(3)
Insert:
(3A) In making an estimate for the purpose of paragraph 3(b), the
Treasurer must, so far as the estimate relates to the population of Australia,
consult the Statistician.
4 Paragraph 8(1)(a)
Repeal the paragraph, substitute:
(a) calculating, to 4 decimal places, the factor using the
formula:
where:
index number means the All Groups Consumer Price Index
number, being the weighted average of the 8 capital cities, published by the
Statistician in respect of the March quarter in the current year.
population of Australia has the meaning given by paragraph
4A(1)(d).
previous index number means the index number in respect of
the March quarter in the year immediately before the current year.
previous population of Australia means the population of
Australia that was used in working out the factor under this section in relation
to the year immediately before the current year; and
5 At the end of subsection
8(1)
Add:
; and (c) if the Treasurer considers that there are special circumstances
for doing so—increasing or decreasing the factor calculated under
paragraph (a) (as increased by any amount under paragraph (b)) by such amount as
the Treasurer considers appropriate.
6 After subsection 8(1)
Insert:
(1A) For the purposes of the formula in paragraph (1)(a), if the
Statistician changes the reference base for an index number, only index numbers
published in terms of the new base are to be used after the change.
7 Subsection 8(2)
Omit “paragraph (1)(a) whether to increase or decrease a sum”,
substitute “paragraph (1)(c)”.
8 Paragraphs 8(2)(a) to (c)
Repeal the paragraphs, substitute:
(a) the objects of the Parliament in enacting this Act, as set out in
section 3; and
9 Subsection 9(1) (definition of Projected
population of the State)
Omit “agreed to between the Minister and the Statistician”,
substitute “specified by the Minister in writing for the purpose, after
consulting the Statistician”.
10 Subsection 9(1) (definition of Projected
population of Australia)
Omit “agreed to between the Minister and the Statistician”,
substitute “specified by the Minister in writing for the purpose, after
consulting the Statistician”.
11 Subsection 10(1) (definition of Population
of the State)
Repeal the definition, substitute:
Population of the State has the meaning given by paragraph
4A(1)(c).
12 Subsection 10(1) (definition of Population
of Australia)
Repeal the definition, substitute:
Population of Australia has the meaning given by paragraph
4A(1)(d).
13 Subsections 10(2) and
(3)
Repeal the subsections.
14 At the end of section 11
Add:
(3) For the purposes of this section, any possibility of a reduction in
the amount allocated to any local governing body in complying with the condition
in paragraph 15(aa) is to be disregarded.
15 At the end of section 14
Add:
(3) For the purposes of this section, any possibility of a reduction in
the amount allocated to any local governing body in complying with the condition
in paragraph 15(aa) is to be disregarded.
16 Paragraph 15(a)
After “a condition”, insert “, subject to the condition
in paragraph (aa),”.
17 After paragraph 15(a)
Insert:
(aa) a condition that, if the payment is one from which, according to an
agreement between the Commonwealth and the State, the State is to withhold an
amount that represents voluntary GST payments that should have, but have not,
been paid by local governing bodies—the State will withhold the amount and
pay it to the Commonwealth; and
18 Paragraph 15(c)
After “paragraphs (a)”, insert “, (aa)”.
19 Application
(1) The amendments made by items 1 and 4 to 13 apply where the current year
mentioned in section 8, 9 or 10 of the Local Government (Financial
Assistance) Act 1995 as amended by this Schedule is the year beginning on 1
July 2000 or any later year.
(2) The amendment made by item 3 applies where the estimate mentioned in
subsection 7(3A) of the Local Government (Financial Assistance) Act 1995,
as inserted by that item, relates to the year beginning on 1 July 2000 or any
later year.
(3) The amendments made by items 16 to 18 apply where the payment mentioned
in paragraph 15(1)(aa) of the Local Government (Financial Assistance) Act
1995 as amended by this Schedule is made in the year beginning on 1 July
2001 or any later year.
20 Transitional
For the purpose of causing a factor to be worked out under subsection 8(1)
of the Local Government (Financial Assistance) Act 1995 as amended by
this Schedule in relation to the year beginning on 1 July 2000, the definition
of previous population of Australia in the formula in that
subsection is replaced by the following definition:
previous population of Australia means the population of
Australia used in applying section 10 of this Act, as in force immediately
before its amendment by the Local Government (Financial Assistance) Amendment
Act 2000, in respect of the year beginning on 1 July 1999.