States Grants (Dwellings for Aged Pensioners)

No. 87 of 1969

An Act to grant Financial Assistance to the States in connexion with the provision of Self-contained Dwellings for certain Aged Pensioners.

[Assented to 27 September 1969]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the States Grants (Dwellings for Aged Pensioners) Act 1969.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. In this Act, unless the contrary intention appears—

“approved building scheme” means a building scheme approved by the Minister under the next succeeding section;

“building scheme” includes—

(a) the purchase of land, with or without a building;

(b) the planning, erection, alteration or extension of a building;

(c) the development or preparation of land for the erection or extension of a building;

(d) the installation of water, electricity or other services; and

(e) the provision of fixtures, fittings and appliances (other than furniture and furnishings) in or in connexion with a building;

“eligible pensioner” means a person who—

(a) is in receipt of an age pension under Part III. of the Social Services Act 1947–1969 and is a person to whom section 30a of that Act applies; or

(b) is in receipt of a service pension under section 84 of the Repatriation Act 1920–1969 and is a person to whom section 98a of that Act applies;

“self-contained dwelling” means a dwelling that contains living, sleeping, cooking, bathing and sanitary acilities that are not shared with another dwelling;

“the period in relation to which this Act applies” means the period that commenced on the first day of July, One thousand nine hundred and sixty-nine, and ends on the thirtieth day of June, One thousand nine hundred and seventy-four;

“the Schedule” means the Schedule to this Act.

Power of Minister to approve building schemes.

4.—(1.) Subject to this section, the Minister may, for the purposes of this Act, by instrument in writing, approve a building scheme in connexion with the provision of self-contained dwellings for eligible pensioners.

(2.) The Minister may, in pursuance of the last preceding sub-section, approve a building scheme formulated before the commencement of this Act (including a scheme formulated before the commencement of the period in relation to which this Act applies) but he shall not approve a building scheme if the erection, alteration or extension of any building in pursuance of the scheme was begun before the commencement of that period.

(3.) In this section, “self-contained dwelling” does not include a dwelling that is designed for occupation by more than one person at a time.

Grants for building schemes in connexion with dwellings for pensioners.

5.—(1.) The Minister may authorize the payment to a State under this Act during the period in relation to which this Act applies, in relation to an approved building scheme in that State, by way of financial assistance, of such amounts as, subject to this Act, he determines.

(2.) The Minister shall not authorize the payment to a State under the last preceding sub-section of an amount that exceeds, or of amounts that exceed in the aggregate, the amount specified in the Schedule opposite to the name of that State.

(3.) The Minister shall not authorize payments under this Act of amounts that exceed in the aggregate—

(a) in the case of payments before the thirtieth day of June, One thousand nine hundred and seventy—Five million dollars;

(b) in the case of payments before the thirtieth day of June, One thousand nine hundred and seventy-one—Ten million dollars;

(c) in the case of payments before the thirtieth day of June, One thousand nine hundred and seventy-two—Fifteen million dollars; and

(d) in the case of payments before the thirtieth day of June, One thousand nine hundred and seventy-three—Twenty million dollars.

(4.) Subject to the next two succeeding sub-sections, the Minister may, at any time during the period in relation to which this Act applies, by instrument in writing published in the Gazette, determine that this Act shall have effect as if the amount specified in the Schedule opposite to the name of a State were varied as set out in the instrument.

(5.) The Minister shall not make a determination under the last preceding sub-section by virtue of which the maximum amount payable under this Act would exceed Twenty-five million dollars.

(6.) The Minister shall not make a determination under sub-section (4.) of this section by virtue of which the maximum amount payable under this Act to a State would be reduced unless the State has consented to the reduction.

Grants to be expended on approved building schemes.

6. Payment of an amount to a State under this Act is subject to the condition that the State will ensure that an amount equal to that amount is expended, as approved by the Minister, in connexion with the approved building scheme in relation to which the payment was authorized.

Reports as to progress of work to be furnished by States.

7. In addition to the condition specified in the last preceding section, payment of an amount to a State under this Act is subject to the condition that the State will, whenever requested by the Minister, furnish to the Minister a report as to the progress of work, and the expected rate of further progress of work, in connexion with the approved building scheme in relation to which the payment was authorized or, if work has not commenced in connexion with the scheme at the time when the request is made, as to the expected time of commencement of work, and the expected rate of progress of work, in connexion with the scheme.

Information to be furnished by States.

8.—(1.) In addition to the conditions specified in the last two preceding sections, the grant of financial assistance to a State under this Act in a financial year is subject to the condition that the State will furnish to the Minister as soon as practicable after the end of that financial year—

(a) a statement setting out the amounts expended by the State during that financial year in connexion with approved building schemes and accompanied by a certificate of the Auditor-General of the State certifying that the amounts specified in the statement were expended as shown in the statement;

(b) a statement setting out the amounts, other than amounts referred to in the last preceding paragraph, expended by the State during that financial year in connexion with the provision of self-contained dwellings for aged persons; and

(c) such further information, if any, as the Minister requires in relation to the provision by the State during that financial year of self-contained dwellings for aged persons.

(2.) In this section, “self-contained dwelling” does not include a dwelling that is designed for occupation by more than two persons at the one time.

Conditions as to repayments.

9. In addition to the conditions specified in any other provision of this Act, payment of an amount to a State under this Act is subject to the condition that—

(a) if the Minister informs the Treasurer of the State that he is satisfied that the State has failed to fulfil a condition applicable to that amount, the State will repay that amount to the Commonwealth; and

(b) if that amount exceeds the amount properly payable, the State will repay the excess to the Commonwealth.

Appropriation.

10. Amounts payable to a State under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

Annual reports by the Minister.

11. The Minister shall cause a statement to be laid before each House of the Parliament as soon as practicable after the end of each financial year that is included in the period in relation to which this Act applies setting out the payments that have been made under this Act during that financial year and specifying the building schemes in relation to which the payments have been so made and the number of self-contained dwellings provided, or to be provided, under each scheme.

THE SCHEDULE Section 5(2.).

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