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Act No. 116 of 1974 as amended, taking into account amendments up to Act No. 36 of 1978
Registered 07 Dec 2009
Start Date 12 Jun 1978
End Date 18 Dec 1986
Date of repeal 18 Dec 1986
Repealed by Statute Law (Miscellaneous Provisions) Act (No. 2) 1986

QUEENSLAND GRANT (PROSERPINE FLOOD MITIGATION) ACT 1974 [Note: This Act is "repealed" by Act No. 168 of 1986]
(#DATE 30:09:1982)

- Reprinted as at 30 September 1982
*1* The Queensland Grant (Proserpine Flood Mitigation) Act 1974 as shown in this reprint comprises Act No. 116, 1974 amended as indicated in the Tables below.

Table of Acts
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Application, saving
or
Number Date Date of transitional
Act and year of Assent commencement provisions
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Queensland Grant
(Proserpine Flood
Mitigation) Act 1974 116, 1974 3 Dec 1974 3 Dec 1974
Administrative
Changes
(Consequential
Provisions) Act 1978 36, 1978 12 June
1978 12 June 1978 S. 8
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Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
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Provision affected How affected
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Ss. 6-9 . . . . . . . am. No. 36, 1978
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QUEENSLAND GRANT (PROSERPINE FLOOD MITIGATION) ACT 1974 - TABLE OF
PROVISIONS

TABLE

TABLE OF PROVISIONS


Section

1. Short title

2. Commencement

3. Interpretation

4. Grants of financial assistance

5. Information to be furnished

6. Statements to be furnished

7. Calculation of costs

8. Advances

9. Overpayments

10. Appropriation


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QUEENSLAND GRANT (PROSERPINE FLOOD MITIGATION) ACT 1974 - LONG TITLE

SECT

An Act to grant Financial Assistance to Queensland for the purpose of Flood Mitigation Works in relation to the Proserpine River

QUEENSLAND GRANT (PROSERPINE FLOOD MITIGATION) ACT 1974 - SECT. 1.
Short title

SECT

1. This Act may be cited as the Queensland Grant (Proserpine Flood Mitigation) Act 1974.*1*


See notes to first article of this CHAPTER.

QUEENSLAND GRANT (PROSERPINE FLOOD MITIGATION) ACT 1974 - SECT. 2.
Commencement

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1*


See notes to first article of this CHAPTER.

QUEENSLAND GRANT (PROSERPINE FLOOD MITIGATION) ACT 1974 - SECT. 3.
Interpretation

SECT

3. In this Act, unless the contrary intention appears-
"flood mitigation works" means works by way of the restoration or replacement of levees constructed in the Trust area in relation to the Proserpine River that have been damaged or destroyed by flooding;
"State expenditure" means-
(a) in relation to the carrying out of flood mitigation works by Queensland-expenditure by Queensland in respect of the costs of the carrying out of those works, less any amount that has been or is to be paid to Queensland by way of trust expenditure in respect of those costs; and
(b) in relation to the carrying out of flood mitigation works by the Trust-expenditure by Queensland by way of contribution towards the costs of the carrying out of those works;
"Trust" means The Proserpine Shire River Improvement Trust;
"Trust area" means The Proserpine Shire River Improvement Area as constituted for the time being under the River Improvement Trust Act 1940-1971 of Queensland or, if that Act is amended, under that Act as amended;
"Trust expenditure" means-
(a) in relation to the carrying out of flood mitigation works by the Trust-expenditure by the Trust in respect of the costs of the carrying out of those works, less any amount that has been or is to be paid to the Trust, by way of State expenditure in respect of those costs; and
(b) in relation to the carrying out of flood mitigation works by Queensland-expenditure by the Trust by way of contribution towards the costs of the carrying out of those works.


QUEENSLAND GRANT (PROSERPINE FLOOD MITIGATION) ACT 1974 - SECT. 4.
Grants of financial assistance

SECT

4. (1) Where amounts have been paid by way of State expenditure and Trust expenditure in respect of the costs of the carrying out, during the year that commenced on 1 July 1974, of flood mitigation works, then, subject to this Act, there is payable to Queensland, by way of financial assistance, amounts necessary to reimburse Queensland in respect of one-half of so much of that State expenditure as does not exceed eight-tenths of the sum of that State expenditure and that Trust expenditure.


(2) The total amount of financial assistance to Queensland under this Act shall not exceed $120,000.


QUEENSLAND GRANT (PROSERPINE FLOOD MITIGATION) ACT 1974 - SECT. 5.
Information to be furnished

SECT

5. Queensland is not entitled to financial assistance under this Act in relation to an amount that has been paid, whether before or after the commencement of this Act, by way of State expenditure in respect of the costs of the carrying out of flood mitigation works unless Queensland has duly furnished all information in relation to those works, or in relation to expenditure or proposed expenditure in respect of the costs of the carrying out of those works, that the Minister has requested Queensland to furnish.


QUEENSLAND GRANT (PROSERPINE FLOOD MITIGATION) ACT 1974 - SECT. 6.
Statements to be furnished

SECT

6. Queensland is not entitled to financial assistance under this Act in relation to an amount of State expenditure unless Queensland has furnished to the Minister for Finance-
(a) a statement in respect of that expenditure in accordance with a form approved by the Minister for Finance, accompanied by a certificate of the Auditor-General of Queensland certifying that the amount of money shown in the statement as being State expenditure was expended as State expenditure in respect of the flood mitigation works concerned;
(b) such further information, if any, as the Minister for Finance requires in respect of that expenditure;
(c) a statement, in accordance with a form approved by the Minister for Finance and verified to the satisfaction of the Minister for Finance, giving particulars of the related Trust expenditure.


QUEENSLAND GRANT (PROSERPINE FLOOD MITIGATION) ACT 1974 - SECT. 7.
Calculation of costs

SECT

7. The Minister for Finance may determine the matters that are to be taken into account in ascertaining the costs of the carrying out of flood mitigation works.


QUEENSLAND GRANT (PROSERPINE FLOOD MITIGATION) ACT 1974 - SECT. 8.
Advances

SECT

8. The Minister for Finance may, at such times as he thinks fit, make advances of such amounts as he thinks fit to Queensland on account of an amount that may become payable to Queensland under section 4.


QUEENSLAND GRANT (PROSERPINE FLOOD MITIGATION) ACT 1974 - SECT. 9.
Overpayments

SECT

9. Payment to Queensland under this Act of any amount (including an advance), is subject to the condition that Queensland will repay to Australia, on demand by the Minister for Finance, the amount by which, at the time of the demand, the total of the amounts (including advances) paid to Queensland under this Act exceeds the total of the amounts that have become payable to Queensland under section 4.


QUEENSLAND GRANT (PROSERPINE FLOOD MITIGATION) ACT 1974 - SECT. 10.
Appropriation

SECT

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