Commonwealth Consolidated Acts

LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1995 - SECT 15

                   Payment of an amount to a State (other than the Australian Capital Territory) under this Act in respect of a year is subject to:

                     (a)  a condition, subject to the condition in paragraph (aa), that the State will:

                              (i)  if the payment is made under section 9--without undue delay, make unconditional payments to local governing bodies in the State in accordance with the allocation determined as mentioned in section 11; and

                             (ii)  if the payment is made under section 10--without undue delay, make unconditional payments to local governing bodies in the State in the same proportion as the payments under section 9 in respect of the year were allocated; and

                            (iii)  if the payment is made under section 12--without undue delay, make unconditional payments to local governing bodies in the State in accordance with the allocation determined as mentioned in section 14; and

                            (iv)  if the payment is made under section 13--without undue delay, make unconditional payments to local governing bodies in the State in the same proportion as the payments under section 12 in respect of the year were allocated; and

                    (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

                     (b)  a condition that the Treasurer of the State will give the Minister, as soon as practicable after 30 June in each year:

                              (i)  a statement, in a form approved by the Minister, setting out the payments made by the State during the year ending on that date in accordance with this Act, and the dates of the payments; and

                             (ii)  a certificate by the Auditor‑General of the State certifying that, in his or her opinion, the contents of the statement are correct; and

                     (c)  a condition that, if the Minister tells the Treasurer of the State that the Minister is satisfied that the State has, with respect to the whole or a part of the amount, failed to fulfil any of the conditions applicable under paragraphs (a), (aa) and (b) to the payment of the amount, the State will repay to the Commonwealth any amount determined by the Minister that is not more than the amount in respect of which the Minister is so satisfied.