[pic] States (Works and Housing) Assistance Act 1984 Act No. 161 of 1984 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 Interpretation 1 4 Grants to States during the year 1984-85 in respect of capital expenditure 1 5 Advance payments to States for 1985-86 in respect of capital expenditure 2 6 Loans to States for public housing 2 7 Loans not to be made to State in certain circumstances, etc. 2 8 Variation of conditions relating to loans to States 3 9 Advance payments to States for 1985-86 in respect of public housing 4 10 Loans to the Northern Territory for public housing 4 11 Loan not to be made to Northern Territory in certain circumstances 5 12 Variation of conditions relating to loan to Northern Territory 5 13 Advance payments to Northern Territory for 1985-86 in respect of public housing 6 14 Payments to be made out of Consolidated Revenue Fund 6 15 Authority to borrow 7 16 Application of moneys borrowed 7 18 Appropriation 7 Schedule 8 Notes 9 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 public 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 1984. 2 Commencement [see Note 1] This Act shall come into operation on the day on which it receives the Royal Assent. 3 Interpretation In this Act, relevant year means the year ending on 30 June 1985. 4 Grants to States during the year 1984-85 in respect of capital expenditure (1) There is payable to a State specified in column 1 of the Schedule, during the relevant year, 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 5 of the States (Works and Housing) Assistance Act 1983. (2) Payments for the purposes of this section shall be made in such amounts and at such times as the Treasurer approves. 5 Advance payments to States for 1985-86 in respect of capital expenditure The Treasurer may, during the period of 6 months commencing on 1 July 1985, 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. 6 Loans to States for public housing (1) Subject to section 7, a State specified in column 1 of the Schedule may, on or before 31 December 1984, notify the Treasurer that, for the purpose of expenditure in respect of the relevant year in relation to public 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 the relevant year authorize the making of that loan by way of financial assistance to the State for that purpose. (2) Subject to sections 7 and 8, 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 pursuant to the Housing Assistance Act 1984 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. 7 Loans not to be made to State in certain circumstances, etc. The Treasurer shall not authorize the making of a loan to a State under subsection 6(1) unless satisfied that that State will comply with the terms and conditions of the agreement entered into between the Commonwealth and that State pursuant to the Housing Assistance Act 1984 that relate to the provision of matching funds by that State during the relevant year, and, in addition to the terms and conditions referred to in subsection 6(2), a loan to that State under subsection 6(1) is subject to the condition that that State will comply with the first-mentioned terms and conditions. 8 Variation of conditions relating to loans to States (1) If the Minister for Housing and Construction becomes satisfied that a State has not complied with the condition specified in section 7 in relation to a loan: (a) that Minister 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 has effect accordingly. (2) If the Minister for Housing and Construction becomes satisfied that a State has not expended, or committed itself to expend, in respect of the relevant year in relation to public housing, the whole or a part of the moneys available to the State by way of a loan made to the State under subsection 6(1): (a) that Minister 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, the loan or a specified part of the loan, being such part as the Treasurer considers to be appropriate, as the case may be, are to be the 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 has effect accordingly. 9 Advance payments to States for 1985-86 in respect of public housing (1) The Treasurer may, during the period of 6 months commencing on 1 July 1985, make payments to a State specified in column 1 of the Schedule, for the purpose of financial assistance for expenditure for the purpose of public housing, of amounts not exceeding in the aggregate the amount specified in column 5 of the Schedule opposite to the name of that State. (2) Payments to a State under subsection (1) shall be made on such terms and conditions as are determined by the Treasurer at the time when the payments are made, being such terms and conditions as the Treasurer considers to be appropriate. 10 Loans to the Northern Territory for public housing (1) Subject to subsection (4) and to section 11, the Northern Territory may, on or before 31 December 1984, notify the Treasurer that, for the purpose of expenditure in respect of the relevant year in relation to public housing, it requires a loan of a specified amount, not being an amount that exceeds $91,634,800, and, where it does so, the Treasurer may, during the relevant year, authorize the making of that loan by way of financial assistance to the Northern Territory for that purpose. (2) Subject to sections 11 and 12, 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 pursuant to the Housing Assistance Act 1984 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) 1984-85 or the Appropriation Act (No. 2) 1984-85 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 money appropriated by the Appropriation Act (No.2) 1984-85 as is specified in item 3 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 money referred to in paragraph (b) exceeding $91,634,800. (5) The Acts specified in subsection (4) have effect subject to that subsection. 11 Loan not to be made to Northern Territory in certain circumstances The Treasurer shall not authorize the making of a loan to the Northern Territory under subsection 10(1) unless satisfied that the Northern Territory will comply with the terms and conditions of the agreement entered into between the Commonwealth and the Northern Territory pursuant to the Housing Assistance Act 1984 that relate to the provision of matching funds by the Northern Territory during the relevant year, and, in addition to the terms and conditions referred to in subsection 10(2), a loan to the Northern Territory under subsection 10(1) is subject to the condition that the Northern Territory will comply with the first-mentioned terms and conditions. 12 Variation of conditions relating to loan to Northern Territory (1) If the Minister for Housing and Construction becomes satisfied that the Northern Territory has not complied with the condition specified in section 11 in relation to a loan: (a) that Minister 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 the 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 has effect accordingly. (2) If the Minister for Housing and Construction becomes satisfied that the Northern Territory has not expended, or committed itself to expend, in respect of the relevant year in relation to public housing, the whole or a part of the money available to the Northern Territory by way of a loan made to the Northern Territory under subsection 9(1): (a) that Minister 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, the loan or a specified part of the loan, being such part as the Treasurer considers to be appropriate, as the case may be, are to be the 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 has effect accordingly. 13 Advance payments to Northern Territory for 1985-86 in respect of public housing (1) The Treasurer may, during the period of 6 months commencing on 1 July 1985, make payments to the Northern Territory, for the purpose of financial assistance for expenditure for the purpose of public housing, of amounts not exceeding in the aggregate $45,817,400. (2) Payments to the Northern Territory under subsection (1) shall be made on such terms and conditions as are determined by the Treasurer at the time when the payments are made, being such terms and conditions as the Treasurer considers to be appropriate. 14 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. 15 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 1985, 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) $782,250,000; (b) an amount equal to the total amount that is to be lent to the States under section 6; (c) an amount equal to the amount that is to be lent to the Northern Territory under section 10; (d) an amount equal to the total amount (if any) that is to be paid to the States under section 9; (e) an amount equal to the amount (if any) that is to be paid to the Northern Territory under section 13; and (f) the expenses of borrowing. (2) For the purposes of the application of subsection (1), the amount specified in paragraph (1)(a) shall be taken to be reduced by the sum of any amounts borrowed by the Treasurer in accordance with subsection 15(1) of the States (Works and Housing) Assistance Act 1983 for the purposes of making payments to the States in accordance with section 5 of that Act. 16 Application of moneys borrowed Moneys borrowed under subsection 15(1) shall be issued and applied only for the expenses of borrowing and for the purposes of making payments to the States and the Northern Territory in accordance with this Act. 18 Appropriation The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act. Schedule Sections 4, 5, 6 and 9 |Column 1 |Column 2 |Column 3 |Column 4 |Column 5 | | | | | | | | | |Maximum | |Maximum | | | |aggregate |Maximum |aggregate | | |Amount of |amount of |amount of |amount of | | |grant under |payments |loans under |payments | | |subsection |under |section 6 |under | | |4(1) |section 5 | |section 9 | | |$ |$ |$ |$ | |New South Wales |168,572,000 |84,286,000 |337,143,000 |168,571,500 | |Victoria |131,016,000 |65,508,000 |262,031,000 |131,015,500 | |Queensland |69,147,000 |34,573,500 |138,295,000 |69,147,500 | |Western Australia|48,255,000 |24,127,500 |96,509,000 |48,254,500 | |South Australia |67,961,000 |33,980,500 |135,923,000 |67,961,500 | |Tasmania |36,549,000 |18,274,500 |73,099,000 |36,549,500 | | |521,500,000 |260,750,000 |1,043,000,00|521,500,000 | | | | |0 | | Notes to the States (Works and Housing) Assistance Act 1984 Note 1 The States (Works and Housing) Assistance Act 1984 as shown in this compilation comprises Act No. 161, 1984 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 |161, |25 Oct |25 Oct | | |and Housing) |1984 |1984 |1984 | | |Assistance Act | | | | | |1984 | | | | | |Financial |8, 2005 |22 Feb |Schedule 1|- | |Framework | |2005 |(items | | |Legislation | | |41-45): | | |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. 14 |am. No. 8, 2005 | |S. 14 |am. No. 8, 2005 | |S. 16 |am. No. 8, 2005 | |S. 17 |rep. No. 8, 2005 | |S. 18 |am. No. 8, 2005 |