Commonwealth Consolidated Acts

LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1995 - SECT 10

             (1)  This section applies to a State in respect of a year (the current year ) if the amount worked out under subsection 9(1) (the preliminary grant amount ) in relation to the State in respect of the current year is greater or less than:

                     (a)  if the current year is the year beginning on 1 July 1995, the amount (the final grant amount ) worked out using the formula:

                     (b)  if the current year is a later year, the amount (the final grant amount ) worked out using the formula:

                            where:

                            Relevant final factor means the final factor for the current year.

                            Population of the State has the meaning given by paragraph 4A(1)(c).

                            Population of Australia has the meaning given by paragraph 4A(1)(d).

                            Previous year base figure means the base figure for the year immediately before the current year.

Note 1:    For initial amount and final factor see subsection 4(2).

Note 2:    For base figure see subsection 4(1).

             (4)  If the final grant amount for a State in respect of a year exceeds the preliminary grant amount for the State in respect of the year, the State is entitled, in addition to the payment to which it is entitled under section 9 in respect of the year, to the payment in respect of the year, by way of financial assistance for local government purposes, of an amount equal to the excess.

             (5)  In addition to any other conditions to which a payment under this Act is subject, payment of an amount to a State under this Act is subject to the condition that if the final grant amount for the State in respect of a year is less than the preliminary grant amount for the State in respect of the year, the State will pay to the Commonwealth an amount equal to the difference.

             (6)  If an amount is payable to a State under subsection (4) in respect of a year, the amount is to be paid to the State in the following year by equal quarterly instalments at the times when instalments to which the State is entitled under section 9 in respect of the following year are paid.

          (6A)  Despite subsection (6), if the Minister considers that it is appropriate, the Minister may decide that an amount payable to a State under subsection (4) is to be paid at such times, and in such instalments, as the Minister decides. The Minister cannot decide that an amount is to be paid later than it would be paid under subsection (6).

Example:    The Minister may decide that an amount payable to a State in respect of a year be paid in one payment during that year.

          (6B)  If the Minister makes a decision under subsection (6A) in relation to a State, the Minister must, as soon as practicable, notify the Treasurer of the State in writing of the decision.

             (7)  If a State is liable to pay an amount to the Commonwealth under subsection (5) in respect of a year, one‑quarter of the amount is to be deducted from each quarterly instalment that, apart from this subsection, would be payable to the State under section 9 in respect of the following year.