Commonwealth Consolidated Acts
First Schedule
Section 2A
AN AGREEMENT made the tenth day of May 1965 Between
THE COMMONWEALTH OF
AUSTRALIA (in this agreement called "the Commonwealth") of the one part and
THE
STATE OF WESTERN AUSTRALIA (in this agreement called "the State") of the other
part:
WHEREAS
(a) it is desirable in the interests of the State of Western
Australia and of the Commonwealth of Australia generally that works be carried
out to assist in the development of water supplies in the south-west region of
the State;
(b) by the Western Australia Grant (Water Supply) Act 1948-1957
the Parliament of the Commonwealth made provision for a grant by
the Commonwealth to the State of financial assistance for the carrying out of
the comprehensive water supply scheme referred to in that Act in an area of
approximately 4,000,000 acres in the south-west region of the State;
(c)
the State is undertaking works to extend the comprehensive water supply scheme
to the additional areas referred to in the First Schedule to this agreement
and has requested the Commonwealth to provide financial assistance to
the State for the carrying out of those works;
(d) the Commonwealth and
the State have agreed that appropriate financial assistance for the carrying
out of those works consists of an amount which is the equivalent for the time
being of one half of the cost of the works but does not exceed a total amount
of Five million two hundred and fifty thousand pounds (£5,250,000) and
which will be repayable by the State as provided in this agreement; and
(e)
the Parliament of the Commonwealth is to be asked to grant the financial
assistance to the State under section 96 of the Constitution of the
Commonwealth of Australia upon and subject to the terms and conditions set out
in this agreement.
NOW IT IS HEREBY AGREED as follows:
Definitions
1. In this agreement, unless the contrary intention appears
"Schedule" means Schedule to this agreement.
"the State Treasurer" means the Treasurer of the State and includes such other Minister of the Crown as is for the time being acting for and on behalf of the Treasurer of the State;
"the Treasurer" means the Treasurer of the Commonwealth and includes such other Minister of State of the Commonwealth or member of the Federal Executive Council as is for the time being acting for and on behalf of the Treasurer; and
"the works" means the works described in the Second Schedule or, if that Schedule is varied in accordance with clause 10 of this agreement, the works described in the Schedule as so varied.
Approval of agreement
2. The
Government of the Commonwealth will, as soon as practicable after the date of
this agreement, submit to its Parliament legislation approving this agreement
and providing under section 96 of the Constitution of the Commonwealth
for a grant of financial assistance to the State on the terms and conditions
contained in this agreement.
Commencement of agreement
3. Except as
hereinbefore provided, this agreement shall have no force or effect and shall
not be binding on the parties unless and until the legislation of the
Parliament of the Commonwealth referred to in the last preceding clause is
passed, whereupon it shall commence and come into full force and effect.
Financial assistance
4. (1) Subject to compliance by the State with the
provisions of this agreement, the Commonwealth will in accordance with and
subject to the provisions of this agreement provide financial assistance to
the State in an amount which is the equivalent for the time being of one half
of the total of expenditure on the works.
(2) The financial assistance to be
provided by the Commonwealth under this clause shall not exceed in the
aggregate the sum of Five million two hundred and fifty thousand pounds
(£5,250,000).
(3) For the purposes of this agreement expenditure on
the works means expenditure by the State on or in connexion with the works
during the period of eight years that commences on the first day of July,
1965, and includes planning and administrative expenses directly related to
carrying out the works but does not include expenses that would have been or
would be incurred whether or not the works were carried out.
Payments by
the Commonwealth
5. (1) The Commonwealth will, at the request of the State,
from time to time and subject to the provisions of this agreement, make
payments to the State in pursuance of the last preceding clause of amounts
equal to one-half of the expenditure on the works.
(2) The State will furnish
to the Treasurer such documents and other evidence in support of each request
by the State for a payment to it by the Commonwealth under sub-clause (1) of
this clause as the Treasurer may from time to time reasonably request, whether
the request is made by the Treasurer before or after the Commonwealth has made
a payment pursuant to the request by the State.
(3) Any statement of
expenditure by the State forwarded to the Commonwealth in
connexion with a request for payment under sub-clause (1) of this clause shall
be certified as to its correctness by the Auditor-General of the State.
Advances by the Commonwealth
6. (1) The Treasurer may, at such times and in
such amounts as he thinks fit, make advances to the State on account of an
amount that may become payable to the State under clause 5 of this
agreement.
(2) An amount or part of an amount advanced by the Treasurer under
this clause may be deducted by the Commonwealth from amounts to be paid
subsequently under sub-clause (1) of clause 5 of this agreement, or if
there are no further amounts to be paid under that sub-clause, shall be
refunded by the State to the Treasurer at his request.
Use of payments and
advances
7. The State shall ensure that an amount, or any part of an amount,
paid or advanced to the State under this agreement is not used or applied
except for the purpose of meeting or of reimbursing to the State expenditure
on the works.
Repayments by the State
8. (1) Subject to sub-clause (2) of
this clause, the State shall from a source other than its Consolidated Revenue
repay to the Commonwealth each payment made by the Commonwealth under this
agreement, including any amount or amounts deducted from the payment pursuant
to sub-clause (2) of clause 6 of this agreement, by thirty equal
consecutive half-yearly repayments, the first repayment in respect of
the Commonwealth payment to be made on the expiry of ten years from the date
on which the Commonwealth payment was made and subsequent repayments to be
made at half-yearly intervals thereafter until the final repayment has been
made.
(2) The State may at any time, after giving to the Treasurer at least
one month's notice of its intention so to do, repay to the Commonwealth so
much of an amount that is repayable by the State under this clause as remains
unrepaid, together with the interest on the amount repaid accrued to the date
of repayment under the next succeeding clause.
Interest
9. (1) The State
shall from its Consolidated Revenue pay to the Commonwealth interest on so
much of each amount paid or advanced to the State by the Commonwealth under
this agreement as has not for the time being been repaid or refunded to
the Commonwealth, calculated from the date upon which the amount was paid or
advanced by the Commonwealth, at the rate provided in this clause.
(2)
The State shall pay the interest for the time being accrued under this clause
on the fifteenth day of June and the fifteenth day of December in each year.
(3) The rate at which interest is payable by the State under this clause in
respect of an amount paid or advanced by the Commonwealth shall be the rate of
yield to maturity of the long term loan last raised by the Commonwealth in
Australia for public subscription prior to the date upon which the amount was
paid or advanced.
(4) For the purposes of this clause, the expression "the rate of yield to
maturity" means the rate per annum, as determined by the Treasurer to the
nearest penny (or, upon the coming into operation of Part II of the
Currency Act 1963, to the nearest cent) in accordance with sound actuarial
practice, that the yield from the interest payable by the Commonwealth in
respect of the relevant loan represents having regard to the issue price and
the period of maturity of the loan.
Execution of the works
10. (1) The State
shall ensure that the works are carried out efficiently and in conformity with
sound engineering and financial practices.
(2) To the extent that it is
necessary for the more efficient fulfilment of the objectives of this
agreement, the Second Schedule may be varied in such manner and to such extent
as the State proposes and the Treasurer approves.
Annual estimates
11.
The State shall prepare and furnish to the Treasurer not later than the
thirtieth day of April in each year a statement or statements showing the
estimated expenditure on the works during the next succeeding financial year
and estimates of the amounts that the State will request the Commonwealth to
pay to the State under this agreement during that financial year.
Supply of
information
12. The State shall from time to time at the request of
the Treasurer furnish to him such information as he may reasonably require for
the purpose of or in relation to this agreement.
Audit
13. (1) The accounts,
books, vouchers, documents and other records of the State relating to the
carrying out of the works shall be subject to audit by the Auditor-General of
the State.
(2) Until such time as the total amount of the financial
assistance to be provided to the State under this agreement has been provided
by the Commonwealth and supporting evidence to the satisfaction of
the Treasurer in relation to all amounts paid or advanced is furnished by
the State, a report on the audits and on the financial statements in respect
of each financial year shall be furnished by the Auditor-General of the State
to the Treasurer as soon as possible after the completion of the
financial year, indicating, inter
alia
(a) whether the financial statements are based on proper accounts
and records and are in agreement with those accounts and records; and
(b)
whether the expenditure of moneys is in accordance with this agreement,
and
including reference to such other matters arising out of the audits and
financial statements as the Auditor-General of the State considers should be
reported to the Treasurer.
Notices, &c.
14. Any notice, request or other
communication to be given or made under this agreement by the Commonwealth or
the Treasurer to the State shall be deemed sufficiently given or made if it is
in writing signed by the Treasurer or by any person thereunto authorized in
writing by him and any notice, application, request or other communication to
be given or made by the State to the Commonwealth or the Treasurer shall be
deemed sufficiently given or made if it is in writing signed by
the State Treasurer or any person thereunto authorized in writing by him.
SIGNED by the Right Honourable Sir Robert Gordon Menzies, the Prime Minister of the Commonwealth, in the presence of |
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F. W. JENNINGS |
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SIGNED by the Honourable David Brand, the Premier of the State of Western Australia, in the presence of |
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J. R. EWING |