STATES GRANTS (DWELLINGS FOR PENSIONERS) AMENDMENT ACT 1977

No. 33 of 1977

An Act to amend the States Grants (Dwellings for Pensioners) Act 1974.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title, &c.

1. (1) This Act may be cited as the States Grants (Dwellings for Pensioners) Amendment Act 1977.

(2) The States Grants (Dwellings for Pensioners) Act 1974 is in this Act referred to as the Principal Act.

Commencement.

2. This Act shall come into operation on 1 July 1977.

Interpretation.

3. Section 3 of the Principal Act is amended—

(a) by inserting in sub-section (1), after the definition of “eligible pensioner”, the following definition:—

“‘nominated building scheme’ means a building scheme that has been specified by a State as a nominated building scheme under section 4a;”;

(b) by omitting from the definition of “period to which this Act applies” in sub-section (1) the figures “1977” and substituting the figures “1978”; and

(c) by inserting in sub-section (2), after the words “approved building scheme”, the words “or nominated building scheme”.

Approval of building schemes.

4. Section 4 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “The Minister” and substituting the words “Subject to sub-section (4), the Minister”;

(b) by omitting from sub-section (3) the words “The Minister” and substituting the words “Subject to sub-section (4), the Minister”; and

(c) by adding at the end thereof the following sub-section:—

“(4) The Minister shall not exercise his powers under sub-section (1) or (3) on or after 1 July 1977.”.

5. After section 4 of the Principal Act the following section is inserted:—

Nominated building schemes.

“4a. (1) Subject to sub-section (2), a State may, before 1 July 1978, by notice in writing to the Minister containing particulars of a building scheme in connexion with the provision by the State or an authority of the State of self-contained dwellings for eligible pensioners, specify that building scheme as a nominated building scheme for the purposes of this Act.

“(2) Sub-section (1) does not apply in relation to a building scheme if the erection, alteration or extension of any building in pursuance of the scheme was begun before 1 January 1977.

“(3) A State may notify the Minister in writing of a variation of a nominated building scheme or of an approved building scheme and any such variation takes effect, for the purposes of the application of this Act in relation to the building scheme, at the time when the Minister receives notice of the variation.”.

Grants in connexion with building schemes.

6. Section 5 of the Principal Act is amended—

(a) by inserting in sub-section (1), after the words “approved building scheme”, the words “or nominated building scheme

(b) by omitting from the end of paragraph (b) of sub-section (5) the word “and”;

(c) by adding at the end of sub-section (5) the following word and paragraph:—

“; and (d) in the case of payments before 1 July 1978—$40,000,000.”; and

(d) by omitting from sub-section (7) the figure “3” and substituting the figure “4”.

Conditions of grant.

7. Section 6 of the Principal Act is amended—

(a) by omitting paragraph (a) and substituting the following paragraph:—

“(a) that the State will ensure that the amount of the payment is expended in connexion with the approved building scheme or nominated building scheme to which the authorization relates;”;

(b) by inserting in paragraph (b), after the words “approved building scheme”, the words “or nominated building scheme”;

(c) by inserting in paragraph (c), after the words “approved building schemes”, the words “or nominated building schemes”; and

(d) by inserting in paragraph (d), after the words “approved building scheme”, the words “or nominated building scheme”.

8. Section 7 of the Principal Act is repealed and the following section substituted:—

Adjustment of payments.

“7. Where the sum of the amounts paid to a State in pursuance of an authorization under section 5 in relation to a nominated building scheme exceeds the final cost of the scheme and the period to which this Act applies has expired, the Minister may exercise his powers under section 5 as if that period had not expired for the purpose of enabling the State to apply the amount of the excess towards meeting the cost of another nominated building scheme in the State or of carrying out a variation of any nominated building scheme in the State.”.

Schedule.

9. The Schedule to the Principal Act is repealed and the following Schedule substituted:—

SCHEDULE                                                              Section 5(4)