Federal Register of Legislation - Australian Government

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Act No. 103 of 2001 as made
An Act to establish the Alcohol Education and Rehabilitation Account, and for related purposes
Administered by: Health
Originating Bill: Alcohol Education and Rehabilitation Account Bill 2001
Date of Assent 04 Sep 2001
Date of repeal 03 Jul 2008
Repealed by Statute Law Revision Act 2008

 

 

 

 

Alcohol Education and Rehabilitation Account Act 2001

 

No. 103, 2001


 

 

 

 

Alcohol Education and Rehabilitation Account Act 2001

 

No. 103, 2001

 

 

 

 

An Act to establish the Alcohol Education and Rehabilitation Account, and for related purposes

  

  

  


Contents

Part 1—Preliminary                                                                                                               1

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 2

3............ Object of this Act............................................................................... 2

4............ Definitions.......................................................................................... 2

Part 2—The Alcohol Education and Rehabilitation Account                          4

5............ Establishment of the Account............................................................ 4

6............ Credits to the Account....................................................................... 4

7............ Purpose of the Account...................................................................... 5

8............ Money in Account to be paid out before 1 July 2005....................... 5

Part 3—Funding agreements                                                                                            6

9............ Funding agreement with the Foundation............................................ 6

10.......... Determination to terminate agreement with Foundation.................... 6

11.......... Replacement bodies............................................................................ 6

12.......... Funding agreement with a replacement body..................................... 7

13.......... Determination to terminate agreement with replacement body.......... 7

14.......... Tabling of the funding agreements etc................................................ 7

 


Alcohol Education and Rehabilitation Account Act 2001

No. 103, 2001

 

 

 

An Act to establish the Alcohol Education and Rehabilitation Account, and for related purposes

[Assented to 4 September 2001]

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Alcohol Education and Rehabilitation Account Act 2001.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Object of this Act

                   The object of this Act is to establish the Alcohol Education and Rehabilitation Account to provide, by 1 July 2005, at least $115 million to the Foundation, or one or more replacement bodies, to be expended on one or more of the following purposes:

                     (a)  to prevent alcohol and other licit substance abuse, including petrol sniffing, particularly among vulnerable population groups such as indigenous Australians and youth;

                     (b)  to support evidence-based alcohol and other licit substance abuse treatment, rehabilitation, research and prevention programs;

                     (c)  to promote community education encouraging responsible consumption of alcohol and highlighting the dangers of licit substance abuse;

                     (d)  to promote public awareness of the work of the Foundation or body and raise funds from the private sector for the ongoing work of the Foundation or body;

                     (e)  to provide funding grants to organisations with appropriate community linkages to deliver the services referred to in the above paragraphs.

4  Definitions

                   In this Act, unless the contrary intention appears:

Account means the Alcohol Education and Rehabilitation Account established under section 5.

Foundation means the Alcohol Education and Rehabilitation Foundation Limited or the Alcohol Education and Rehabilitation Foundation.

funding agreement means an agreement made under section 9 or 12.

replacement body means a body in relation to which a determination under subsection 11(1) is in force.


 

Part 2The Alcohol Education and Rehabilitation Account

  

5  Establishment of the Account

             (1)  There is hereby established the Alcohol Education and Rehabilitation Account.

             (2)  The Account is a Special Account for the purposes of the Financial Management and Accountability Act 1997.

6  Credits to the Account

             (1)  There must be credited to the Account:

                     (a)  $10 million on the day on which this Act receives the Royal Assent; and

                     (b)  $24 million on 1 July 2002; and

                     (c)  $40 million on 1 July 2003; and

                     (d)  $41 million on 1 July 2004; and

                     (e)  an amount that the Foundation or a replacement body repays to the Commonwealth under a funding agreement.

Interest on uninvested money

             (2)  There must be credited to the Account by 1 July 2004 an interest amount in respect of each of the financial years commencing on 1 July 2001, 2002 and 2003.

             (3)  The interest amount for a financial year is worked out using the formula:

where:

fixed-income percentage, for a financial year, is:

                     (a)  the percentage equal to the rate of interest earned by the Commonwealth, as at the end of the financial year, on deposits held with the Reserve Bank of Australia; or

                     (b)  if the Minister for Finance, by written instrument made within 28 days after the end of the financial year, determines a higher percentage—that higher percentage.

sum of amounts credited, for a financial year, means the sum of all amounts credited to the Account in that financial year or an earlier financial year.

7  Purpose of the Account

                   The purpose of the Account is to make payments in accordance with a funding agreement.

8  Money in Account to be paid out before 1 July 2005

             (1)  Money standing to the credit of the Account must be paid out under one or more funding agreements before 1 July 2005.

             (2)  A reference in this section to money being paid out of the Account is a reference to an amount being paid out of the Consolidated Revenue Fund and debited from the Account.


 

Part 3Funding agreements

  

9  Funding agreement with the Foundation

                   The Minister may, on behalf of the Commonwealth, make an agreement with the Foundation authorising the making of one or more payments to the Foundation.

10  Determination to terminate agreement with Foundation

             (1)  The Minister may determine in writing that an agreement with the Foundation under section 9 is terminated if:

                     (a)  the objectives of the Foundation are inconsistent with any of the purposes referred to in section 3; or

                     (b)  the Foundation fails to comply with a condition of the agreement.

             (2)  A determination of the Minister under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

11  Replacement bodies

             (1)  If a determination under section 10 is in force, then the Minister may determine in writing that one or more specified bodies is a replacement body.

             (2)  The Minister must not make a determination under subsection (1) in relation to a body if the objectives of the body are inconsistent with one or more of the purposes referred to in section 3.

             (3)  A determination of the Minister under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

12  Funding agreement with a replacement body

                   The Minister may, on behalf of the Commonwealth, make an agreement with a replacement body authorising the making of one or more payments to the body.

13  Determination to terminate agreement with replacement body

             (1)  The Minister may determine in writing that an agreement with a replacement body under section 12 is terminated if:

                     (a)  the objectives of the body are inconsistent with any of the purposes referred to in section 3; or

                     (b)  the body fails to comply with a condition of the agreement.

             (2)  A determination of the Minister under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

14  Tabling of the funding agreements etc.

(114/01)


                   The Minister must cause a copy of each funding agreement, and any variation to the agreement, to be tabled in each House of the Parliament within 15 sitting days of that House after it is entered into.

 

 

[Minister’s second reading speech made in—

House of Representatives on 20 June 2001

Senate on 27 June 2001]