STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - TABLE OF PROVISIONS 1. Short title [see Note 1] 2. Commencement [see Note 1] 3. Interpretation 4. Grants to States during 1988-89 in respect of capital expenditure 5. Advance payments to States for 1989-90 in respect of capital expenditure 6. States not bound to apply payments towards capital expenditure 7. Loans to States for public housing 8. Loan not to be made to State in certain circumstances etc. 9. Variation of conditions relating to loan to State 10. Advance payments to State in respect of public housing 11. Statement by State in respect of public housing 12. Payments to be made out of Consolidated Revenue Fund 13. Authority to borrow 14. Application of money borrowed 16. Appropriation 17. Delegation by Treasurer SCHEDULE Amounts of capital grants, loans and advances STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - LONG TITLE An Act to grant financial assistance to the States and the Northern Territory in connection with expenditure of a capital nature, to make loans to the States and the Northern Territory for public housing, to authorise the Commonwealth to borrow certain money, and for related purposes STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 1 Short title [see Note 1] This Act may be cited as the States (Works and Housing) Assistance Act 1988. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 2 Commencement [see Note 1] This Act commences on the day on which it receives the Royal Assent. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 3 Interpretation In this Act: "State" includes the Northern Territory.the 1988-89 year means the year beginning on 1 July 1988. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 4 Grants to States during 1988-89 in respect of capital expenditure (1) The Treasurer may, during the 1988-89 year, 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 so much of the amount specified in column 2 of the Schedule opposite to the name of the State as exceeds the total of the deductible amounts in relation to the State. (2) For the purposes of subsection (1), a deductible amount in relation to a State other than the Northern Territory is an amount paid to the State under section 5D of the States (Works and Housing) Assistance Act 1985. (3) For the purposes of subsection (1), a deductible amount in relation to the Northern Territory is an amount paid to the Northern Territory as a general purpose capital grant out of either or both of the following: (a) such of the money appropriated by the Supply Act (No. 2) 1988-89 as is specified in Division 977 in Schedule 2 to that Act; or (b) such of the money appropriated by the Appropriation Act (No. 2) 1988-89 as is specified in Division 977 in Schedule 4 to that Act. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 5 Advance payments to States for 1989-90 in respect of capital expenditure The Treasurer may, during the period of 6 months beginning on 1 July 1989, 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 the State. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 6 States not bound to apply payments towards capital expenditure Nothing in this Act prevents a State from applying an amount paid to it under section 4 or 5 for the purpose of expenditure that is not of a capital nature. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 7 Loans to States for public housing (1) Subject to section 8, a State specified in column 1 of the Schedule may, on or before 31 December 1988, notify the Treasurer that, for the purpose of expenditure in respect of the 1988-89 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 2 in the Schedule opposite to the name of the State, and, where it does so, the Treasurer may, during that year, authorise the making of that loan by way of financial assistance to the State for that purpose. (2) Subject to sections 8 and 9, 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 under 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. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 8 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 7(1) during the 1988-89 year unless satisfied that the State will comply with the terms and conditions of the agreement entered into between the Commonwealth and the State under the Housing Assistance Act 1984 that relate to the provision of matching funds by the State during that year, and, in addition to the terms and conditions referred to in subsection 7(2), a loan to the State under subsection 7(1) is subject to the condition that the State will comply with the first-mentioned terms and conditions. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 9 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 8 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 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. (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 1988-89 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 7(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. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 10 Advance payments to State in respect of public housing (1) The Treasurer may, during the period of 6 months beginning on 1 July 1989, 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 3 of the Schedule opposite to the name of the State. (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. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 11 Statement by State in respect of public housing (1) A State shall give the Minister for Community Services and Health, on or before 30 November 1989, a statement about the expenditure of the amount of a loan made to the State under subsection 7(1). (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. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 12 Payments to be made out of Consolidated Revenue Fund A payment to a State for the purposes of this Act may be made out of the Consolidated Revenue Fund. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 13 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 under this Act; and (b) the expenses of borrowing; less the sum of any amounts borrowed under section 15 of the States (Works and Housing) Assistance Act 1985 for the purposes of making payments to the States under sections 5D, 9 and 13 of that Act during the period of 6 months beginning on 1 July 1988. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 14 Application of money borrowed Money borrowed under section 13 shall be issued and applied only for the expenses of borrowing and for the purposes of making payments to the States in accordance with this Act. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 16 Appropriation The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SECT 17 Delegation by Treasurer (1) The Treasurer may, by writing signed by him or her, delegate to a person holding, or performing the duties of, an office in the Department of the Treasury all or any of the Treasurer's powers under sections 4, 5, 7 and 10. (2) A delegate is, in the exercise of a power so delegated, subject to the Treasurer's directions. STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - SCHEDULE Amounts of capital grants, loans and advances Sections 4, 5, 7 and 10 Column 1State Column 2Maximum amount of grant under subsection 4(1) or of loan under subsection 7(1) Column 3Maximum aggregate amount of payments under section 5 or 10 $ $ New South Wales............................. 86,335,500 43,167,750 Victoria............................................ 71,477,000 35,738,500 Queensland...................................... 18,724,500 9,362,250 Western Australia............................. 22,877,000 11,438,500 South Australia................................. 39,584,500 19,792,250 Tasmania......................................... 27,657,500 13,828,750 Northern Territory............................ 43,848,000 21,924,000 Total......................................... 310,504,000 155,252,000 STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - NOTES Act No. 82 of 1988 as amended This compilation was prepared on 1 March 2005taking into account amendments up to Act No. 8 of 2005 The text of any of those amendments not in forceon 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 1988-89 in respect of capital expenditure .... 1 5............ Advance payments to States for 1989-90 in respect of capital expenditure 2 6............ States not bound to apply payments towards capital expenditure .... 2 7............ Loans to States for public housing ..................................................... 2 8............ Loan not to be made to State in certain circumstances etc. ................ 3 9............ Variation of conditions relating to loan to State ................................. 3 10.......... Advance payments to State in respect of public housing .................. 4 11.......... Statement by State in respect of public housing ................................ 4 12.......... Payments to be made out of Consolidated Revenue Fund ................. 5 13.......... Authority to borrow ........................................................................... 5 14.......... Application of money borrowed ........................................................ 5 16.......... Appropriation .................................................................................... 5 17.......... Delegation by Treasurer ..................................................................... 5 Schedule--Amounts of capital grants, loans and advances 6 Notes 7 STATES (WORKS AND HOUSING) ASSISTANCE ACT 1988 - NOTES Notes to the States (Works and Housing) Assistance Act 1988 Note 1 The States (Works and Housing) Assistance Act 1988 as shown in this compilation comprises Act No. 82, 1988 amended as indicated in the Tables below. Table of Acts Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions States (Works and Housing) Assistance Act 1988 82, 1988 19 Oct 1988 19 Oct 1988 Financial Framework Legislation Amendment Act 2005 8, 2005 22 Feb 2005 Schedule 1 (items 51-55): Royal Assent -- Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected Heading to s. 12................... am. No. 8, 2005 S. 12..................................... am. No. 8, 2005 S. 14..................................... am. No. 8, 2005 S. 15..................................... rep. No. 8, 2005 S. 16..................................... am. No. 8, 2005