LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1995 - SECT 13 Adjustment of estimates--section 12 payments

LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1995 - SECT 13

  (1)   This section applies to a State in respect of a year (the current year ) if the amount worked out under section   12 (the preliminary additional grant amount ) in relation to the State in respect of the current year is greater or less than the amount (the final additional grant amount ) worked out in relation to the State in respect of the current year using the formula:

    where:

"Additional previous year funding amount" means the additional previous year funding amount in relation to the State for the current year.

"Final factor" means the final factor for the current year.

Note:   For additional previous year funding amount and final factor see subsection   4(2).

  (2)   If the final additional grant amount for a State in respect of a year exceeds the preliminary additional 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   12 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.

  (3)   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 additional grant amount for the State in respect of a year is less than the preliminary additional grant amount for the State in respect of the year, the State will pay to the Commonwealth an amount equal to the difference.

  (4)   If an amount is payable to a State under subsection   ( 2) 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   12 in respect of that following year are paid.

  (4A)   Despite subsection   ( 4), if the Minister considers that it is appropriate, the Minister may decide that an amount payable to a State under subsection   ( 2) 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   ( 4).

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.

  (4B)   If the Minister makes a decision under subsection   ( 4A) in relation to a State, the Minister must, as soon as practicable, notify the Treasurer of the State in writing of the decision.

  (5)   If a State is liable to pay an amount to the Commonwealth under subsection   ( 3), 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   12 in respect of the following year.