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Act No. 78 of 1992 as made
An Act to amend the States and Northern Territory Grants (Rural Adjustment) Act 1988
Administered by: Agriculture, Fisheries and Forestry
Date of Assent 26 Jun 1992
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - LONG TITLE

An Act to amend the States and Northern Territory
Grants (Rural Adjustment) Act 1988

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SECT 1
Short title etc.

(Assented to 26 June 1992)
1.(1) This Act may be cited as the States and Northern Territory Grants (Rural Adjustment) Amendment Act 1992.

(Minister's second reading speech made in-
House of Representatives on 30 April 1992
Senate on 27 May 1992)

(2) In this Act, "Principal Act" means the States and Northern Territory Grants (Rural Adjustment) Act 1988*1* *1* No. 112, 1988.

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SECT 2
Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Sections 6 and 7, subsection 10(1) and sections 11 and 12 are taken to have commenced on 20 December 1991.

(3) Section 8, subsection 10(2) and section 13 are taken to have commenced on 1 March 1992.

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SECT 3
Long title

3. The long title to the Principal Act is amended by omitting "and the Northern Territory" and substituting ", the Northern Territory and the Australian Capital Territory".

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SECT 4
Short title

4. Section 1 of the Principal Act is amended by omitting "and Northern Territory".

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SECT 5
Interpretation

5. Section 3 of the Principal Act is amended by omitting the definition of "State" and substituting the following definition:
" 'State' includes the Northern Territory and the Australian Capital Territory.".

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SECT 6
Approval of execution of agreement

6. Section 4 of the Principal Act is amended by omitting "the Schedule" and substituting "Schedule 1".

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SECT 7

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

Approval of execution of first amending agreement
"4A. The execution, on behalf of the Commonwealth, of an agreement between the Commonwealth and all or any of the States substantially in accordance with the form set out in Schedule 2 is approved.".

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SECT 8

8. After section 4A of the Principal Act the following section is inserted:

Approval of execution of second amending agreement
"4B. The execution, on behalf of the Commonwealth, of an agreement between the Commonwealth and all or any of the States substantially in accordance with the form set out in Schedule 3 is approved.".

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SECT 9

9. After section 4B of the Principal Act the following section is inserted:

Approval of execution of supplemental agreement with the Australian Capital Territory
"4C. The execution, on behalf of the Commonwealth, of an agreement between the Commonwealth and the Australian Capital Territory substantially in accordance with the form set out inSchedule 4 is approved.".

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SECT 10
Payments by Commonwealth

10.(1) Section 5 of the Principal Act is amended:
(a) by inserting ", as amended by the agreement mentioned in section 4A," after "section 4";
(b) by inserting "as so amended" after "that agreement".

(2) Section 5 of the Principal Act is amended by omitting "agreement mentioned in section 4A" and substituting "agreements mentioned in sections 4A and 4B".

(3) Section 5 of the Principal Act is amended:
(a) by inserting "or affected" after "amended" (wherever occurring);
(b) by omitting "and 4B" and substituting ", 4B and 4C".

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SECT 11
Heading to Schedule

11. The heading to the Schedule to the Principal Act is amended by omitting "SCHEDULE" and substituting "SCHEDULE 1".

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SECT 12
Insertion of Schedule 2

12. The Principal Act is amended by adding at the end the Schedule set out in Schedule 1 to this Act.
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STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SECT 13

Insertion of Schedule 3
13. The Principal Act is amended by adding at the end the Schedule set out in Schedule 2 to this Act.

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SECT 14
Insertion of Schedule 4

14. The Principal Act is amended by adding at the end the Schedule set out in Schedule 3 to this Act.

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SCHEDULE 1

SCHEDULE 1 Section 12
SCHEDULE TO BE ADDED AT THE END OF THE
PRINCIPAL ACT
"SCHEDULE 2 Section 4A
FIRST AMENDING AGREEMENT
THIS AMENDING AGREEMENT is made the day of
BETWEEN
THE COMMONWEALTH OF AUSTRALIA (in this agreement called "the
Commonwealth") of the first part,
THE STATE OF NEW SOUTH WALES of the second part,
THE STATE OF VICTORIA of the third part,
THE STATE OF QUEENSLAND of the fourth part,
THE STATE OF WESTERN AUSTRALIA of the fifth part,
THE STATE OF SOUTH AUSTRALIA of the sixth part,
THE STATE OF TASMANIA of the seventh part,
THE NORTHERN TERRITORY OF AUSTRALIA of the eighth part,
WHEREAS -
(A) The Commonwealth, the States and the Northern
Territory of Australia entered into an Agreement relating to
rural adjustment dated by the parties with various dates in
December 1988 and January 1989, ("the Agreement");
(B) It is desired to amend that Agreement, pursuant to
clause 27, to give effect to changes recently agreed by the
relevant Ministers of the Governments party to this Amending
Agreement.
NOW IT IS HEREBY AGREED as follows:
1. (1) In this Amending Agreement, each State and the
Northern Territory of Australia in respect of which the
Amending Agreement has come into force is referred to as a
"State", and the expression "the States" means, except where
the context otherwise requires, all of the States and the
Northern Territory of Australia in respect of which for the
time being the Amending Agreement is in force.
(2) This Amending Agreement shall, as between the
Commonwealth and a State executing it, be deemed to have
come into force on the 1st July 1991.
(3) Notwithstanding that in this Amending Agreement all
the States of New South Wales, Victoria, Queensland, Western
Australia, South Australia and of Tasmania and the Northern
Territory of Australia are named as parties, this Amending
Agreement shall operate as an agreement between the
Commonwealth and the party or parties in respect of which it
comes into force as fully and effectually as if the party or
parties in respect of which it comes into force were the
only party or parties so named other than the Commonwealth.
(4) In the event that a State ceases to be a party this
Amending Agreement shall nevertheless continue in force with
respect to the Commonwealth and the States which are parties
when the cessation takes effect.
2. The Agreement is amended -
(a) by deleting the full stop at the end of paragraph
6(1)(b) and inserting in its place a semi-colon and then the word "and";
(b) by adding to sub-clause 6(1) the following paragraph
-
"(c) debt restructuring with interest subsidies;";
(c) by deleting from sub-clause 10(1) the words -
"For the purposes of paragraph (b) of sub-clause 6(1)" and
inserting in their place the words "In relation to
paragraphs (b) and (c) of sub-clause 6(1)";
(d) by omitting paragraph 10.1(b) and inserting the
following paragraph in its place -
"(b) except for assistance under paragraph 6(1)(c),
grants or loans by the State for purposes other than the
purpose referred to in paragraph (a).";
(e) by deleting from sub-clause 10(2) the word "half" and
inserting in its place the words "a third";
(f) by inserting in sub-clause 10(4) after the word
"assistance", the words ", except that provided for by
paragraph 6(1)(c),"; and
(g) by inserting into sub-clause 14(2) after "Part A
assistance" where first appearing in that sub-clause, the

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words -
"except that provided for by paragraph 6(1)(c)";
(h) by adding to clause 14 the following sub-clause -
"(5) Notwithstanding anything to the contrary in this
agreement, the amount of Part A assistance described in
paragraph 6(1)(c) as determined by the Commonwealth pursuant
to sub-clause (1) shall be payable only for the financial
years commencing on 1 July 1991 and 1 July 1992 and for any
subsequent year for which the Commonwealth determines
pursuant to this Agreement such assistance to be payable.".
3. The Agreement is, save for the foregoing amendments,
confirmed in all other respects.
IN WITNESS WHEREOF this Amending Agreement has been signed
for and on behalf of the Parties as at the day and year
first above written.
SIGNED by the Honourable SIMON CREAN, Minister for Primary
Industries and Energy of the Commonwealth of Australia
SIGNED by the Honourable IAN MORTON ARMSTRONG, Minister for
Agriculture and Rural Affairs of the State of New South
Wales
SIGNED by the Honourable ANTHONY JOHN SHEEHAN, Treasurer of
the State of Victoria
SIGNED by the Honourable KEITH ERNEST DE LACY, Treasurer of
the State of Queensland
SIGNED by the Honourable ERNEST FRANCIS BRIDGE, Minister for
Agriculture of the State of Western Australia
SIGNED by the Honourable LYNN MAURICE FERGUSON ARNOLD,
Minister for Agriculture and Fisheries of the State of South
Australia
SIGNED by the Honourable DAVID EDWARD LLEWELLYN, Minister
for Primary Industry of the State of Tasmania
SIGNED by the Honourable MICHAEL ANTHONY REED, Minister
for Primary Industry and Fisheries of the Northern Territory

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SCHEDULE 2

SCHEDULE Section 13
SCHEDULE TO BE ADDED AT THE END OF THE
PRINCIPAL ACT
"SCHEDULE 3
Section 4B
SECOND AMENDING AGREEMENT
THIS FURTHER AMENDING AGREEMENT is made the day of
BETWEEN
THE COMMONWEALTH OF AUSTRALIA (in this Agreement called "the
Commonwealth") of the first part,
THE STATE OF NEW SOUTH WALES of the second part,
THE STATE OF VICTORIA of the third part,
THE STATE OF QUEENSLAND of the fourth part,
THE STATE OF WESTERN AUSTRALIA of the fifth part,
THE STATE OF SOUTH AUSTRALIA of the sixth part,
THE STATE OF TASMANIA of the seventh part, and
THE NORTHERN TERRITORY OF AUSTRALIA of the eighth part.
WHEREAS:
(A) The Commonwealth, the States and the Northern
Territory of Australia entered into an Agreement relating to
rural adjustment on or about December 1988 which has been
amended by an Amending Agreement dated 20 December 1991
(which Agreement as so amended is herein called the "amended
Agreement"); and
(B) It is desired to further amend the amended Agreement
to give effect to certain initiatives in favor of the rural
sector announced by the Prime Minister in his Statement to
the Commonwealth Parliament on 26 February 1992.
NOW IT IS HEREBY AGREED as follows:
1. (1) In this Further Amending Agreement each State and
the Northern Territory of Australia in respect of which the
Further Amending Agreement has come into force is referred
to as a "State" and the expression "the States" means,
except where the expression otherwise requires, all of the
States and the Northern Territory of Australia in respect of
which for the time being the Further Amending Agreement is
in force.
(2) This Further Amending Agreement shall, as between the
Commonwealth and a State executing it, be deemed to have
come into force on the 1st March 1992.
(3) Notwithstanding that in this Further Amending
Agreement all of the States are named as parties, this
Further Amending Agreement shall operate as an agreement
between the Commonwealth and the party or parties in respect
of which it comes into force as fully and effectually as if
the party or parties in respect of which it comes into force

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were the only party or parties so named other than the
Commonwealth.
(4) In the event that a State ceases to be a party, this
Further Amending Agreement shall nevertheless continue in
force with respect to the Commonwealth and the States which
are parties when the cessation takes effect.
2. The amended Agreement is further amended by: -
(a) inserting into sub-clause 3(1) the following
definitions:
"broadacre crops" means cereals, coarse grains, oilseeds,
peanuts and grain legumes; and
"sugar crops" means sugar and cane sugar;
(b) adding to paragraph 6(1)(a) the words "including
finance to establish for the year ending 31 December 1992
broadacre and sugar crops; and
(c) deleting the last sentence of sub-clause 10(2) and
inserting in its place the following:
"Subsidies paid under this sub-clause shall not exceed -
(a) as to those to establish broadacre and sugar crops
- 75%; and
(b) otherwise - 50%, of the interest payable on, and
associated costs of, such loans and the State shall bear a
third of the cost of the subsidies referred to in paragraph
(b) out of its own funds."
3. The amended Agreement is, save for the foregoing
amendments, confirmed in all other respects.
IN WITNESS WHEREOF this Further Amending Agreement has been
signed for and on behalf of the Parties as at the day and
year first above written.
SIGNED by the Honourable SIMON CREAN, Minister for Primary
Industries and Energy of the Commonwealth of Australia
SIGNED by the Honourable IAN MORTON ARMSTRONG, Minister for
Agriculture and Rural Affairs of the State of New South Wales
SIGNED by the Honourable ANTHONY JOHN SHEEHAN, Treasurer of
the State of Victoria
SIGNED by the Honourable KEITH ERNEST DE LACY, Treasurer of
the State of Queensland
SIGNED by the Honourable ERNEST FRANCIS BRIDGE, Minister for
Agriculture of the State of Western Australia
SIGNED by the Honourable LYNN MAURICE FERGUSON ARNOLD,
Minister for Agriculture and Fisheries of the State of South
Australia
SIGNED by the Honourable ROBIN TREVOR GRAY, Minister for
Primary Industry of the State of Tasmania
SIGNED by the Honourable MICHAEL ANTHONY REED, Minister for
Primary Industry and Fisheries of the Northern Territory

STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) AMENDMENT ACT 1992 No. 78, 1992 - SCHEDULE 3

SCHEDULE 3 Section 14
SCHEDULE TO BE ADDED AT THE END OF THE
PRINCIPAL ACT
"SCHEDULE 4 Section 4C
SUPPLEMENTAL AGREEMENT WITH
THE AUSTRALIAN CAPITAL TERRITORY
THIS SUPPLEMENTAL AGREEMENT is made the day of One
thousand nine hundred and ninety two.
BETWEEN
the Commonwealth of Australia ("the Commonwealth") of the
one part; and
the Australian Capital Territory of the other part.
WHEREAS:
(A) the Commonwealth, all the States and the Northern
Territory entered into an Agreement relating to rural
adjustment dated variously of December 1988 and January 1989
("the Agreement");
(B) those parties have entered or are shortly to enter
into an Amending Agreement and a Further Amending Agreement
in relation to rural adjustment;
(C) assistance in relation to rural adjustment for the
Australian Capital Territory has been provided by the
Commonwealth hitherto without the government of the
Australian Capital Territory being a party to the Agreement;
and
(D) it is considered appropriate that the Australian
Capital Territory become a party to the Agreement as amended
and further amended by the Agreements referred to in Recital
(B) ("the amended Agreement").
NOW IT IS HEREBY AGREED as follows:
1. On and from the day of 1992, the Australian
Capital Territory is to be a party to the amended Agreement.
2. In order that financial assistance be payable thereunder
on and from the date specified in clause 1 of this
Supplemental Agreement to the Australian Capital Territory
by the Commonwealth there are to be inserted the words
(a) "and the Australian Capital Territory" in sub-clauses
1(1) and 1(3) of the amended Agreement immediately after the
words "of Australia"; and
(b) "or the Australian Capital Territory" in sub-clause
3(1) of the amended Agreement after the word "State" in the
definition of both "farm enterprise" and "farmer".
3. The Australian Capital Territory agrees to use any
financial assistance so provided by the Commonwealth in
accordance with the terms and conditions set out therein.
4. The amended Agreement is, save for the foregoing,
confirmed in all other respects.
IN WITNESS WHEREOF this Supplemental Agreement has been
signed for and on behalf of the Parties as at the day and
year first above written
SIGNED by the Honourable SIMON CREAN, Minister for Primary
Industries and Energy of the Commonwealth of Australia
SIGNED by the Honourable Minister for for the Australian Capital Territory