[pic] States (Works and Housing) Assistance Act 1985 Act No. 118 of 1985 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 1985-86 in respect of capital expenditure 1 5 Advance payments to States for 1986-87 in respect of capital expenditure 2 5A Grants to States during 1986-87 in respect of capital expenditure 2 5B Advance payments to States for 1987-88 in respect of capital expenditure 2 5C Grants to States during 1987-88 in respect of capital expenditure 2 5D Advance payments to States for 1988-89 in respect of capital expenditure 3 6 Loans to States for public housing 3 7 Loan not to be made to State in certain circumstances etc. 4 8 Variation of conditions relating to loan to State 4 9 Advance payments to State in respect of public housing 5 10 Loans to Northern Territory for public housing 6 11 Loan not to be made to Northern Territory in certain circumstances 7 12 Variation of conditions relating to loan to Northern Territory 7 13 Advance payments to Northern Territory in respect of public housing 8 13A Statement by State in respect of public housing 9 14 Payments to be made out of Consolidated Revenue Fund 9 15 Authority to borrow 9 16 Application of moneys borrowed 10 18 Appropriation 10 Schedule 1-Capital Grants for 1985-86 11 Schedule 2-Public Housing Loans for 1985-86 12 Schedule 3-Capital Grants for 1986-87 and Advance Payments for 1987-88 13 Schedule 4-Capital Grants for 1987-88 and Advance Payments for 1988-89 14 Notes 15 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 authorise the borrowing of certain money by the Commonwealth 1 Short title [see Note 1] This Act may be cited as the States (Works and Housing) Assistance Act 1985. 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: Loan Council means the Australian Loan Council constituted in pursuance of the Financial Agreement referred to in the Financial Agreement Validation Act 1929. relevant year means the year commencing on 1 July 1985 or one of the 2 next succeeding years. 4 Grants to States during 1985-86 in respect of capital expenditure (1) There is payable to a State specified in column 1 of Schedule 1, during the first 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 the State, less the sum of any amounts paid to the State under section 5 of the States (Works and Housing) Assistance Act 1984. (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 1986-87 in respect of capital expenditure The Treasurer may, during the period of 6 months commencing on 1 July 1986, make payments to a State specified in column 1 of Schedule 1, 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 the State. 5A Grants to States during 1986-87 in respect of capital expenditure The Treasurer may, during the second relevant year, make payments to a State specified in column 1 of Schedule 3, for the purpose of financial assistance in connection with expenditure of a capital nature, of amounts not exceeding in the aggregate the difference between: (a) the amount specified in column 2 of the Schedule opposite to the name of the State; and (b) the sum of any amounts paid to the State under section 5. 5B Advance payments to States for 1987-88 in respect of capital expenditure The Treasurer may, during the period of 6 months commencing on 1 July 1987, make payments to a State specified in column 1 of Schedule 3, 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 the State. 5C Grants to States during 1987-88 in respect of capital expenditure The Treasurer may, during the third relevant year, make payments to a State specified in column 1 of Schedule 4, for the purpose of financial assistance in connection with expenditure of a capital nature, of amounts not exceeding in the aggregate the difference between: (a) the amount specified in column 2 of the Schedule opposite to the name of the State; and (b) the sum of any amounts paid to the State under section 5B. 5D Advance payments to States for 1988-89 in respect of capital expenditure The Treasurer may, during the period of 6 months commencing on 1 July 1988, make payments to a State specified in column 1 of Schedule 4, 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 the State. 6 Loans to States for public housing (1) Subject to section 7, a State may, on or before 31 December in a relevant year, 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 prescribed amount, and, where it does so, the Treasurer may, during the relevant year, authorise the making of that loan by way of financial assistance to the State for that purpose. (2) Subject to sections 7 and 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 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. (4) Where the prescribed amount in relation to a State in relation to the second or third relevant year is not a multiple of $1,000, then: (a) where the amount is a multiple of $500-the amount shall be deemed to be increased by $500; and (b) in any other case-the amount shall be deemed to be increased or reduced, as the case requires, to the nearest multiple of $1,000. (5) In this section: borrowing entitlement, in relation to a State, in relation to a relevant year, means the total amount of loan money decided upon by the Loan Council as the money to be raised for and on behalf of the State during the relevant year, less so much of that amount as is to be made available to the State by way of non-repayable grants. prescribed amount, in relation to a State, means: (a) in relation to the first relevant year-the amount specified in Schedule 2 opposite to the name of the State; (b) in relation to the second relevant year - an amount equal to: (i) in the case of Western Australia or South Australia-the whole; or (ii) in the case of any other State-60%; of the borrowing entitlement of the State for the relevant year; and (c) in relation to the third relevant year-an amount equal to the whole of the borrowing entitlement of the State for the relevant year. 7 Loan not to be made to State in certain circumstances etc. The Treasurer shall not authorise the making of a loan to a State under subsection 6(1) during a relevant year unless satisfied that the State will comply with the terms and conditions of the agreement entered into between the Commonwealth and the State pursuant to the Housing Assistance Act 1984 that relate to the provision of matching funds by the State during the relevant year, and, in addition to the terms and conditions referred to in subsection 6(2), a loan to the State under subsection 6(1) is subject to the condition that the State will comply with the first- mentioned terms and conditions. 8 Variation of conditions relating to loan to State (1) If the Minister for Community Services and Health 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 Community Services and Health 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 money 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 State in respect of public housing (1) The Treasurer may, during the period of 6 months commencing on 1 July 1986, 1 July 1987 or 1 July 1988, make payments to a State, for the purpose of financial assistance for expenditure for the purpose of public housing, of amounts not exceeding in the aggregate 50% of the prescribed amount for the relevant year ending immediately before that date. (2) Payments 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. (3) In this section, prescribed amount has the same meaning as in section 6. 10 Loans to Northern Territory for public housing (1) Subject to section 11, the Northern Territory may, on or before 31 December in a relevant year, 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 prescribed amount in relation to the relevant year, and, where it does so, the Treasurer may, during the relevant year, authorise the making of that loan by way of financial assistance to the 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 Territory. (3) Payments for the purposes of this section shall be made in such amounts and at such times as the Treasurer approves. (4) Where the prescribed amount in relation to a relevant year is an amount that is not a multiple of $1,000, then: (a) where the amount is a multiple of $500-the amount shall be deemed to be increased by $500; and (b) in any other case-the amount shall be deemed to be increased or reduced, as the case requires, to the nearest multiple of $1,000. (5) In this section: borrowing entitlement, in relation to a relevant year, means the amount of general purpose capital assistance determined by the Commonwealth, in association with the approval by the Loan Council of the total borrowing program for the relevant year, to be made available to the Northern Territory during the relevant year by way of loans from the Commonwealth. prescribed amount means: (a) in relation to the first relevant year-an amount equal to 30% of the borrowing entitlement of the Northern Territory for the relevant year; (b) in relation to the second relevant year-an amount equal to 60% of the borrowing entitlement of the Northern Territory for the relevant year; and (c) in relation to the third relevant year-an amount equal to the borrowing entitlement of the Northern Territory for the relevant year. 11 Loan not to be made to Northern Territory in certain circumstances The Treasurer shall not authorise the making of a loan to the Northern Territory under subsection 10(1) during a relevant year unless satisfied that the Territory will comply with the terms and conditions of the agreement entered into between the Commonwealth and the Territory pursuant to the Housing Assistance Act 1984 that relate to the provision of matching funds by the Territory during the relevant year, and, in addition to the terms and conditions referred to in subsection 10(2), a loan to the Territory under subsection 10(1) is subject to the condition that the 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 Community Services and Health 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 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 Territory, considers to be appropriate; and, if such a notice is given, it has effect accordingly. (2) If the Minister for Community Services and Health 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 Territory by way of a loan made to the Territory under subsection 9(1): (a) that Minister shall inform the Treasurer accordingly; and (b) the Treasurer may give the Treasurer of the 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 Territory, considers to be appropriate; and, if such a notice is given, it has effect accordingly. 13 Advance payments to Northern Territory in respect of public housing (1) The Treasurer may, during the period of 6 months commencing on 1 July 1986, 1 July 1987 or 1 July 1988, 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 15% of the borrowing entitlement of the Territory for the relevant year ending immediately before that date. (2) Payments 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. (3) In this section, borrowing entitlement has the same meaning as in section 10. 13A Statement by State in respect of public housing (1) A State shall give the Minister for Community Services and Health, not later than 30 November next following the end of a relevant year, a statement as to the expenditure of the amount of a loan made to the State in that year under the relevant subsection. (2) A statement under subsection (1) shall be: (a) in accordance with a form approved by the Minister for Community Services and Health; and (b) certified as to its correctness by a person appointed for that purpose by the relevant State Minister. (3) In this section: relevant subsection means: (a) in the case of the Northern Territory-subsection 10(1); and (b) in any other case-subsection 6(1). State includes the Northern Territory. 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 The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorising the issue of Treasury Bills, borrow money not exceeding in the aggregate the sum of: (a) the amounts that may become payable to the States and the Northern Territory under this Act; and (b) the expenses of borrowing; less the sum of any amounts borrowed under subsection 15(1) of the States (Works and Housing) Assistance Act 1984 for the purposes of making payments to the States and the Northern Territory under sections 5 and 13 of that Act. 16 Application of moneys borrowed Moneys borrowed under section 15 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 1-Capital Grants for 1985-86 Sections 4 and 5 |Column 1 |Column 2 |Column 3 | | | | | | | | | | | |Maximum | | | |aggregate | | |Amount of |amount of | | |grant under|payments | | |subsection |under | | |4(1) |section 5 | | |$ |$ | |New South Wales |180,371,000|90,185,500| |Victoria |140,186,000|70,093,000| |Queensland |73,986,000 |36,993,000| |Western Australia |51,632,000 |25,816,000| |South Australia |72,718,000 |36,359,000| |Tasmania |39,107,000 |19,053,500| | | | | | | | | |Total |558,000,000|279,000,00| | | |0 | Schedule 2-Public Housing Loans for 1985-86 Section 6 | |$ | |New South Wales |97,603,000| |Victoria |75,858,000| |Queensland |40,037,000| |Western Australia |93,132,000| |South Australia |131,166,00| | |0 | |Tasmania |21,162,000| | | | | | | |Total |458,958,00| | |0 | Schedule 3-Capital Grants for 1986-87 and Advance Payments for 1987-88 Sections 5A and 5B |Column 1 |Column 2 |Column 3 | | | | | | | |Maximum | | |Maximum |aggregate | | |aggregate |amount of | | |amount of |payments | | |payments |under | | |under |section 5B| | |section 5A | | | |$ |$ | |New South Wales |138,809,000 |69,404,500| |Victoria |107,884,000 |53,942,000| |Queensland |56,939,000 |28,469,500| |Western Australia |39,735,000 |19,867,500| |South Australia |55,962,000 |27,981,000| |Tasmania |30,097,000 |15,048,500| | | | | | | | | |Total |429,426,000 |214,713,00| | | |0 | Schedule 4-Capital Grants for 1987-88 and Advance Payments for 1988-89 Sections 5C and 5D |Column 1 |Column 2 |Column 3 | | | | | | | |Maximum | | |Maximum |aggregate | | |aggregate |amount of | | |amount of |payments | |State |payments |under | | |under |section 5D | | |section 5C | | | |$ |$ | |New South Wales |58,224,000 |29,112,000 | |Victoria |48,318,000 |24,159,000 | |Queensland |12,483,000 |6,241,500 | |Western Australia |11,251,000 |5,625,500 | |South Australia |27,390,000 |13,695,000 | |Tasmania |18,438,000 |9,219,000 | | | | | | | | | |Total |176,104,000 |88,052,000 | Notes to the States (Works and Housing) Assistance Act 1985 Note 1 The States (Works and Housing) Assistance Act 1985 as shown in this compilation comprises Act No. 118, 1985 amended as indicated in the Tables below. Table of Acts |Act |Number |Date |Date of |Applica| | |and year|of Assent|commencement|tion, | | | | | |saving | | | | | |or | | | | | |transit| | | | | |ional | | | | | |provisi| | | | | |ons | |States (Works |118, |21 Oct |21 Oct 1985 | | |and Housing) |1985 |1985 | | | |Assistance Act | | | | | |1985 | | | | | |States (Works |124, |6 Dec |6 Dec 1986 |- | |and Housing) |1986 |1986 | | | |Assistance | | | | | |Amendment Act | | | | | |1986 | | | | | |States (Works |96, 1987|5 Nov |5 Nov 1987 |S. 6(2)| |and Housing) | |1987 | | | |Assistance | | | | | |Amendment Act | | | | | |1987 | | | | | |Financial |8, 2005 |22 Feb |Schedule 1 |- | |Framework | |2005 |(items | | |Legislation | | |46-50): | | |Amendment Act | | |Royal Assent| | |2005 | | | | | Table of Amendments |ad. = added or inserted am. = amended rep. = | |repealed rs. = repealed and substituted | |Provision affected|How affected | |Ss. 5A, 5B |ad. No. 124, 1986 | |Ss. 5C, 5D |ad. No. 96, 1987 | |S. 6 |am. No. 124, 1986; No. 96, 1987 | |S. 8 |am. No. 96, 1987 | |S. 10 |am. No. 124, 1986; No. 96, 1987 | |S. 12 |am. No. 96, 1987 | |S. 13A |ad. No. 96, 1987 | |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 | |Schedule 3 |ad. No. 124, 1986 | |Schedule 4 |ad. No. 96, 1987 |