[pic] States (Works and Housing) Assistance Act 1982 Act No. 96 of 1982 as amended This compilation was prepared on 28 February 2005 taking into account amendments up to Act No. 8 of 2005 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents 1 Short title [see Note 1] 1 2 Commencement [see Note 1] 1 3 Grants to States during the year 1982-83 1 4 Advance payments to States for 1983-84 1 5 Loans to States for welfare housing 2 6 Additional conditions relating to loans to States for welfare housing 2 7 Loans to the Northern Territory for welfare housing 3 8 Additional conditions relating to loans to the Northern Territory for welfare housing 4 9 Payments to be made out of Consolidated Revenue Fund 5 10 Authority to borrow 5 11 Application of moneys borrowed 6 13 Appropriation 6 Schedule 7 Notes 8 An Act to grant financial assistance to the States in connection with expenditure of a capital nature, to make loans to the States and the Northern Territory for welfare housing and to authorize the borrowing of certain moneys by the Commonwealth 1 Short title [see Note 1] This Act may be cited as the States (Works and Housing) Assistance Act 1982. 2 Commencement [see Note 1] This Act shall come into operation on the day on which it receives the Royal Assent. 3 Grants to States during the year 1982-83 (1) There is payable to a State specified in column 1 of the Schedule, during the year ending on 30 June 1983, for the purpose of financial assistance in connection with expenditure of a capital nature, the amount specified in column 2 of the Schedule opposite to the name of that State, less the sum of any amounts paid to that State under section 4 of the States Grants (Capital Assistance) Act 1981. (2) Payments for the purposes of this section shall be made in such amounts and at such times as the Treasurer approves. 4 Advance payments to States for 1983-84 The Treasurer may, during the period of 6 months commencing on 1 July 1983, make payments to a State specified in column 1 of the Schedule, for the purpose of financial assistance in connection with expenditure of a capital nature, of amounts not exceeding in the aggregate the amount specified in column 3 of the Schedule opposite to the name of that State. 5 Loans to States for welfare housing (1) A State specified in column 1 of the Schedule may, during the year ending on 30 June 1983, notify the Treasurer that, for the purpose of welfare housing, it requires a loan of a specified amount, not being an amount that exceeds the amount specified in column 4 of the Schedule opposite to the name of that State, and, where it does so, the Treasurer may, during that year, authorize the making of that loan by way of financial assistance for expenditure by the State for that purpose. (2) Subject to section 6, loans under subsection (1) shall be made on such terms and conditions as are specified in the agreement entered into between the Commonwealth and the State in pursuance of the Housing Assistance Act 1981 in relation to loans, other than any terms and conditions of the agreement relating to the provision of matching funds by the State. (3) Payments for the purposes of this section shall be made in such amounts and at such times as the Treasurer approves. 6 Additional conditions relating to loans to States for welfare housing (1) In addition to the terms and conditions referred to in subsection 5(2), a loan to a State under subsection 5(1) is subject to the following conditions: (a) that the State will, from its own resources, expend on welfare housing during the year ending on 30 June 1983 amounts amounting in the aggregate to not less than the sum of the amounts that the State, from its own resources, expended on welfare housing during the year ending on 30 June 1982; and (b) that, as soon as practicable after 30 June 1983, the State will furnish to the Commonwealth a statement showing particulars of the expenditure on welfare housing by the State from its own resources during the year ending on that date and, if the Minister for Social Security so requires, particulars of the expenditure on welfare housing by the State from its own resources during the year ending on 30 June 1982 accompanied by a certificate by a person appointed for the purpose by a Minister of the Crown of the State certifying that, in his opinion, the statement is correct. (2) If the Minister for Social Security becomes satisfied that a State has not complied with a condition specified in subsection (1) in relation to a loan: (a) he shall inform the Treasurer accordingly; and (b) the Treasurer may give the Treasurer of the State a notice in writing stating that the terms and conditions relating to interest on, and the repayment of, a specified part of the loan, being such part as the Treasurer considers to be appropriate, are to be terms and conditions set out in the notice, being terms and conditions that the Treasurer, having regard to the terms and conditions relating to interest on, and the repayment of, other loans made by the Commonwealth to States, considers to be appropriate; and, if such a notice is given, it shall have effect accordingly. 7 Loans to the Northern Territory for welfare housing (1) Subject to subsection (4), the Northern Territory may, during the year ending on 30 June 1983, notify the Treasurer that, for the purpose of welfare housing, it requires a loan of a specified amount, not being an amount that exceeds $80,419,000, and, where the Northern Territory does so, the Treasurer may, during that year, authorize the making of that loan by way of financial assistance for that purpose. (2) Subject to section 8, a loan under subsection (1) shall be made on such terms and conditions as are specified in the agreement entered into between the Commonwealth and the Northern Territory in pursuance of the Housing Assistance Act 1981 in relation to loans, other than any terms and conditions of the agreement relating to the provision of matching funds by the Northern Territory. (3) Payments for the purposes of this section shall be made in such amounts and at such times as the Treasurer approves. (4) Nothing in this Act, the Supply Act (No. 2) 1982-83 or the Appropriation Act (No. 2) 1982-83 shall be taken to authorize: (a) the payment to the Northern Territory by way of a loan under this section; or (b) the payment to the Northern Territory out of such of the moneys appropriated by the Appropriation Act (No. 2) 1982-83 as are specified in item 4 of Division 977 in Schedule 2 to that Act; of an amount the payment of which would result in the sum of the payments under this section and the payments out of the moneys referred to in paragraph (b) exceeding $80,419,000. (5) The Acts specified in subsection (4) have effect subject to that subsection. 8 Additional conditions relating to loans to the Northern Territory for welfare housing (1) In addition to the terms and conditions referred to in subsection 7(2), a loan to the Northern Territory under subsection 7(1) is subject to the following conditions: (a) that the Northern Territory will, from its own resources, expend on welfare housing during the year ending on 30 June 1983 amounts amounting in the aggregate to not less than the sum of the amounts that the Northern Territory, from its own resources, expended on welfare housing during the year ending on 30 June 1982; and (b) that, as soon as practicable after 30 June 1983, the Northern Territory will furnish to the Commonwealth a statement showing particulars of the expenditure on welfare housing by the Northern Territory from its own resources during the year ending on that date and, if the Minister for Social Security so requires, particulars of the expenditure on welfare housing by the Northern Territory from its own resources during the year ending on 30 June 1982 accompanied by a certificate by a person appointed for the purpose by a person holding an office referred to in section 34 of the Northern Territory (Self- Government) Act 1978 certifying that, in his opinion, the statement is correct. (2) If the Minister for Social Security becomes satisfied that the Northern Territory has not complied with a condition specified in subsection (1) in relation to a loan: (a) he shall inform the Treasurer accordingly; and (b) the Treasurer may give the Treasurer of the Northern Territory a notice in writing stating that the terms and conditions relating to interest on, and the repayment of, a specified part of the loan, being such part as the Treasurer considers to be appropriate, are to be terms and conditions set out in the notice, being terms and conditions that the Treasurer, having regard to the terms and conditions relating to interest on, and the repayment of, other loans made by the Commonwealth to the Northern Territory, considers to be appropriate; and, if such a notice is given, it shall have effect accordingly. 9 Payments to be made out of Consolidated Revenue Fund Payments to a State or the Northern Territory for the purposes of this Act may be made out of the Consolidated Revenue Fund. 10 Authority to borrow (1) Subject to subsection (2), the Treasurer may, during the period commencing on the date of commencement of this Act and ending on 31 December 1983, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of: (a) $686,600,500; (b) an amount equal to the amount that is to be advanced to the States under section 5; (c) an amount equal to the amount that is to be advanced to the Northern Territory under section 7; and (d) the expenses of borrowing. (2) For the purposes of the application of subsection (1), the amount specified in paragraph (1)(a) shall be taken to be reduced by the sum of any amounts borrowed by the Treasurer in accordance with subsection 6(1) of the States Grants (Capital Assistance) Act 1981 for the purposes of making payments to the States in accordance with section 4 of that Act. 11 Application of moneys borrowed Moneys borrowed under subsection 10(1) shall be issued and applied only for the expenses of borrowing and for the purposes of making payments to the States and the Northern Territory in accordance with this Act. 13 Appropriation The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act. Schedule Sections 3, 4 and 5 |Column 1 |Column 2 |Column 3 |Column 4 | | | | | | | | |Maximum | | | | |aggregate |Maximum | | |Amount of |amount of |amount of | | |grant under |payments |loans | |State |subsection |under |under | | |3(1) |section 4 |section 5 | | |$ |$ |$ | |New South Wales |147,938,000 |73,969,000 |295,876,00| | | | |0 | |Victoria |114,979,000 |57,489,500 |229,959,00| | | | |0 | |Queensland |60,683,000 |30,341,500 |121,367,00| | | | |0 | |South Australia |59,643,000 |29,821,500 |119,285,00| | | | |0 | |Western Australia |42,348,000 |21,174,000 |84,695,000| |Tasmania |32,076,000 |16,038,000 |64,151,000| | |457,667,000 |228,833,500 |915,333,00| | | | |0 | Notes to the States (Works and Housing) Assistance Act 1982 Note 1 The States (Works and Housing) Assistance Act 1982 as shown in this compilation comprises Act No. 96, 1982 amended as indicated in the Tables below. Table of Acts |Act |Number |Date |Date of |Applicat| | |and year|of Assent|commenceme|ion, | | | | |nt |saving | | | | | |or | | | | | |transiti| | | | | |onal | | | | | |provisio| | | | | |ns | |States (Works |96, 1982|22 Oct |22 Oct | | |and Housing) | |1982 |1982 | | |Assistance Act | | | | | |1982 | | | | | |Financial |8, 2005 |22 Feb |Schedule 1|- | |Framework | |2005 |(items | | |Legislation | | |31-35): | | |Amendment Act | | |Royal | | |2005 | | |Assent | | Table of Amendments |ad. = added or inserted am. = amended rep. = | |repealed rs. = repealed and substituted | |Provision affected|How affected | |Heading to s. 9 |am. No. 8, 2005 | |S. 9 |am. No. 8, 2005 | |S. 11 |am. No. 8, 2005 | |S. 12 |rep. No. 8, 2005 | |S. 13 |am. No. 8, 2005 |