STATES GRANTS (HOUSING) ACT 1971 1973
- Reprinted as at 7 June 1973 (HISTACT2 CHAP 409 #DATE 07:06:1973)
STATES GRANTS (HOUSING) ACT 1971-1973 - TABLE OF PROVISIONS
TABLE
STATES GRANTS (HOUSING) ACT 1971-1973
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Repeal
5. Grants for purposes of housing
6. Grants to be subject to conditions
7. Separate account to be kept of certain moneys
8. Moneys not paid into account to be made available to housing
authority
9. State to furnish certain information for purposes of grant under
section 5
10. Additional grants for purposes of rental assistance
11. Grants to be used to assist housing authorities to charge reduced
rents
12. State to furnish certain information for purposes of grant under
section 10
13. Conditions as to repayments
14. Method of making payments
15. Appropriation
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STATES GRANTS (HOUSING) ACT 1971-1973 - SECT. 1.
Short title.
SECT
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the States Grants (Housing) Act 1971-1973.*
STATES GRANTS (HOUSING) ACT 1971-1973 - SECT. 2.
Commencement.
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*
STATES GRANTS (HOUSING) ACT 1971-1973 - SECT. 3.
Interpretation.
SECT
Sub-section (1) amended by No. 44, 1973, s. 3.
3. (1) In this Act, unless the contrary intention appears-
''approved person'' means a person included in a class of persons whom the
appropriate Minister of State of the State in which those persons live
considers to be in need of assistance in connexion with the provision of
housing;
''building society'' means a society or association of persons registered
under the laws of a State as a building or housing society, whether
terminating or permanent and whether or not a co-operative society;
''housing authority'', in relation to a State, means-
(a) in the case of New South Wales-The Housing Commission of New South
Wales;
(b) in the case of Victoria-the Housing Commission constituted under the
Housing Act 1958 of that State as amended and in force for the time being;
(c) in the case of Queensland-The Queensland Housing Commission;
(d) in the case of South Australia-the South Australian Housing Trust;
(e) in the case of Western Australia-The State Housing Commission
constituted under the State Housing Act 1946 of that State as amended and in
force for the time being; and
(f) in the case of Tasmania-the Director of Housing holding office under
the Homes Act 1935 of that State as amended and in force for the the time
being;
''prescribed year'' means the year that commenced on 1st July, 1971, or the
next succeeding year;
''relevant year'' means the year that commenced on 1st July, 1971, or any of
the next four succeeding years;
''the Financial Agreement'' means the agreement a copy of which is set out
in the Schedule to the Financial Agreement Act 1928 as varied by any
subsequent agreement approved by the Parliament;
''year'' means a period of twelve months commencing on any first day of
July.
(2) A reference in this Act to the amount set aside by a State in a year for
housing is a reference to so much of the total of the amounts borrowed for and
on behalf of that State under the Financial Agreement in respect of that year
as was set aside by that State to be-
(a) lent to building societies, or, as approved by the Minister, to other
bodies, so as to provide finance to assist persons to erect or purchase
dwellings for themselves and their families; or
(b) made available to the housing authority of that State for the purpose
of the provision of dwellings for sale or lease to approved persons (other
than dwellings provided on behalf of another authority of that State),
including-
(i) the acquisition or resumption of land on which the dwellings are to
be provided;
(ii) the making of roads or other facilities affording access to the
dwellings;
(iii) the connecting of the dwellings with sewerage, drainage, water,
gas and electric power and lighting systems; and
(iv) the establishing and extending of such systems to connect with the
dwellings.
(3) The Minister may, if the appropriate Minister of State of a State so
requests, determine that an amount set aside by that State in a year to be
made available to the housing authority of that State for a purpose referred
to in sub-paragraph (iv) of paragraph (b) of the last preceding sub-section is
not to be treated as part of the amount set aside by that State in that year
for housing.
STATES GRANTS (HOUSING) ACT 1971-1973 - SECT. 4.
Repeal.
SECT
4. The States Grants (Housing Assistance) Act 1971 is repealed.
STATES GRANTS (HOUSING) ACT 1971-1973 - SECT. 5.
Grants for purposes of housing.
SECT
5. (1) There is payable to the States, in respect of each prescribed year,
by way of financial assistance, an amount of Eighty-two million five hundred
thousand dollars.
(2) Of the amount payable to the States under the last preceding sub-section
in respect of a prescribed year, Two million seven hundred and fifty thousand
dollars shall be paid in that year and Two million seven hundred and fifty
thousand dollars shall be paid in each of the next twenty-nine succeeding
years.
(3) The amount payable to a State under the last preceding sub- section in
any year is such percentage of the amount, or of the total of the amounts, as
the case may be, payable to the States under that sub- section in that year as
is specified in the following table opposite to the name of that State.
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State
Percentage
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New South Wales . . . . . . . . . . . . . . . . . . . . . . . . . . .
33.6 Victoria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24.5 Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7.7 South Australia . . . . . . . . . . . . . . . . . . . . . . . . . . .
17.1 Western Australia . . . . . . . . . . . . . . . . . . . . . . . . . .
11.4 Tasmania . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.7
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STATES GRANTS (HOUSING) ACT 1971-1973 - SECT. 6.
Grants to be subject to conditions.
SECT
6. The grant of financial assistance to a State under the last preceding
section is subject to the condition that the State will comply with the
provisions of the next two succeeding sections.
STATES GRANTS (HOUSING) ACT 1971-1973 - SECT. 7.
Separate account to be kept of certain moneys.
SECT
7. (1) There shall be opened and maintained in the public accounts of the
State a separate account (in this section referred to as ''the account'') in
accordance with this section.
(2) Subject to the next succeeding sub-section, there shall be credited to
the account in each prescribed year not less than thirty per centum of the
amount set aside by the State for housing in that prescribed year.
(3) The Minister may, in special circumstances, determine that the State is
not to be taken to have failed to comply with the last preceding sub-section
by reason only that the amount credited to the account in a prescribed year is
a percentage of the amount set aside by the State for housing in that
prescribed year that is less than thirty.
(4) Subject to the next succeeding sub-section, there shall be credited to
the account not less than thirty per centum of each amount paid to the State
under section 5 of this Act.
(5) If, in pursuance of sub-section (3) of this section, the Minister
determines that the State is not to be taken to have failed to comply with
sub-section (2) of this section by reason only that the amount credited to the
account in a prescribed year is a percentage of the amount set aside by the
State for housing in that prescribed year that is less than thirty, the
reference in the last preceding sub-section to thirty per centum of each
amount paid to the State under section 5 of this Act shall, in relation to so
much of any such amount as was paid in respect of that prescribed year, be
read as a reference to that lesser percentage.
(6) There shall be credited to the account any amounts received by the State
in repayment of, or in payment of interest on, loans made out of moneys
standing to the credit of the account.
(7) Subject to the next succeeding sub-section, moneys standing to the
credit of the account shall not be expended except for or in relation to-
(a) the making of loans-
(i) to building societies; or
(ii) as approved by the Minister-to other bodies,
for the purpose of providing finance to assist persons to erect or
purchase dwellings for themselves and their families;
(b) the repayment of moneys borrowed for and on behalf of the State and
credited by the State to the account and the payment of interest in respect of
those moneys; or
(c) the expenses of maintaining the account.
(8) In the expenditure of moneys standing to the credit of the account for
and in relation to the making of loans in accordance with paragraph (a) of the
last preceding sub-section, so much of those moneys as was credited to the
account in accordance with sub-sections (4) and (5) of this section shall be
applied in reducing the payments, including payments of interest, that would,
but for the grant of financial assistance to the State under section 5 of this
Act, have been required to be made by building societies or other bodies
referred to in paragraph (a) of the last preceding sub-section in respect of
loans made to them directly or indirectly out of moneys credited to the
account during the prescribed years but so as not to discriminate between
different building societies and other bodies.
STATES GRANTS (HOUSING) ACT 1971-1973 - SECT. 8.
Moneys not paid into account to be made available to housing authority.
SECT
8. (1) So much of the amount set aside by a State for housing in a
prescribed year as is not required by sub-sections (2) and (3) of the last
preceding section to be credited to the account maintained in the public
accounts of the State in accordance with that section shall be made available
to the housing authority of the State for the purposes referred to in
paragraph (b) of sub-section (2) of section 3 of this Act.
(2) So much of any amount paid to a State under section 5 of this Act as is
not required by sub-sections (4) and (5) of the last preceding section to be
credited to the account maintained in the public accounts of the State in
accordance with the last preceding section shall be applied by the housing
authority of the State for the purpose of reducing the payments to that
housing authority that would, but for the grant of financial assistance to the
State under section 5 of this Act, have been required to be made by approved
persons in respect of the purchase or lease of dwellings by those persons from
that housing authority, being dwellings the cost of providing which was
directly or indirectly paid for in whole or in part out of moneys made
available to that housing authority during the prescribed years.
STATES GRANTS (HOUSING) ACT 1971-1973 - SECT. 9.
State to furnish certain information for purposes of grant under section 5.
SECT
9. (1) The grant of financial assistance to a State under section 5 of this
Act is, in addition to the condition specified in section 6 of this Act,
subject to the condition that the State will comply with the succeeding
provisions of this section.
(2) As soon as practicable after the end of each prescribed year, there
shall be furnished to the Minister a statement setting out-
(a) the amount set aside by the State in that year for housing;
(b) the amount credited in that year, out of the amount referred to in the
last preceding paragraph, to the account maintained in the public accounts of
the State in accordance with section 7 of this Act; and
(c) the amount made available in that year, out of the amount referred to
in paragraph (a) of this sub-section, for use by the housing authority of the
State,
together with a certificate by the Auditor-General of the State as to the
correctness of the statement.
(3) As soon as practicable after the end of each year in which an amount is
paid to the State under section 5 of this Act, there shall be furnished to the
Minister-
(a) a statement setting out-
(i) the portion of that amount that was credited to the account
maintained in the public accounts of the State in accordance with section 7 of
this Act; and
(ii) the portion of that amount that was applied by the housing
authority of the State for the purpose referred to in sub-section (2) of the
last preceding section,
together with a certificate by the Auditor-General of the State as to the
correctness of the statement; and
(b) such other information (if any) as the Minister requires in relation to
the manner in which that amount was applied by the State.
STATES GRANTS (HOUSING) ACT 1971-1973 - SECT. 10.
Additional grants for purposes of rental assistance.
SECT
Sub-section (1) amended by No. 44, 1973, s. 4.
10. (1) There is payable to the States, in each relevant year, by way of
financial assistance, an amount of One million two hundred and fifty thousand
dollars.
(2) The amount payable to a State under this section in any year is such
percentage of the amount payable to the States under this section in that year
as is specified in the following table opposite to the name of that State.
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State
Percentage
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New South Wales . . . . . . . . . . . . . . . . . . . . . . . . . . .
35.5 Victoria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26.5 Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8.3 South Australia . . . . . . . . . . . . . . . . . . . . . . . . . . .
12.2 Western Australia . . . . . . . . . . . . . . . . . . . . . . . . . .
11.5 Tasmania . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.0
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STATES GRANTS (HOUSING) ACT 1971-1973 - SECT. 11.
Grants to be used to assist housing authorities to charge reduced rents.
SECT
11. (1) A grant of financial assistance to a State under the last preceding
section in a year is subject to the condition that the amount of the grant is
paid in that year to the housing authority of the State and is used by that
housing authority in that year for the purpose of leasing dwellings to needy
persons at rents that are less than the rents ordinarily paid by approved
persons in respect of those dwellings.
(2) For the purposes of this section, a person is a needy person in relation
to a dwelling if he is included in a class of persons whom the appropriate
Minister of State of the State considers to have insufficient means to be able
to pay the rent ordinarily paid by an approved person in respect of that
dwelling.
STATES GRANTS (HOUSING) ACT 1971-1973 - SECT. 12.
State to furnish certain information for purposes of grant under section 10.
SECT
Amended by No. 44, 1973, s. 5.
12. The grant of financial assistance to a State under section 10 of this
Act is, in addition to the condition specified in the last preceding section,
subject to the condition that, as soon as practicable after the end of each
relevant year, the State will furnish to the Minister-
(a) a certificate by the Auditor-General of the State stating whether the
amount of the grant paid to the State under section 10 of this Act in that
year was paid to, and used by, the housing authority of the State in
accordance with the last preceding section; and
(b) such other information (if any) as the Minister requires in relation to
the manner in which that amount was applied by the State.
STATES GRANTS (HOUSING) ACT 1971-1973 - SECT. 13.
Conditions as to repayments.
SECT
13. In addition to the conditions specified in any of the preceding
provisions 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.
STATES GRANTS (HOUSING) ACT 1971-1973 - SECT. 14.
Method of making payments.
SECT
14. A grant payable to a State under this Act in a year shall be paid in
such amounts and at such times during that year as the Minister determines.
STATES GRANTS (HOUSING) ACT 1971-1973 - SECT. 15.
Appropriation.
SECT
15. Payments for the purposes of this Act shall be made out of the
Consolidated Revenue Fund, which is appropriated accordingly.
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STATES GRANTS (HOUSING) ACT 1971-1973 - NOTE
NOTE
1. The States Grants (Housing) Act 1971-1973 comprises the States Grants
(Housing) Act 1971 as amended by the other Act specified in the following
table:
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Number Date of Assent
Act and year and of commencement
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States Grants (Housing) Act
1971 No. 111, 1971 6 Dec 1971
States Grants (Housing) Act
1973 No. 44, 1973 7 June 1973
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