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Commonwealth Grants Commission Act 1973

Authoritative Version
Act No. 54 of 1973 as amended, taking into account amendments up to Treasury Laws Amendment (Making Sure Every State and Territory Gets Their Fair Share of GST) Act 2018
An Act to establish a Commonwealth Grants Commission to make Recommendations concerning the Granting of Financial Assistance to the States and autonomous Territories, the financing of works and services in respect of the other Territories and the financing of works and services in respect of indigenous persons
Administered by: Treasury
Registered 07 Dec 2018
Start Date 30 Nov 2018
Table of contents.

Commonwealth Coat of Arms of Australia

Commonwealth Grants Commission Act 1973

No. 54, 1973

Compilation No. 14

Compilation date:                              30 November 2018

Includes amendments up to:            Act No. 143, 2018

Registered:                                         7 December 2018

 

About this compilation

This compilation

This is a compilation of the Commonwealth Grants Commission Act 1973 that shows the text of the law as amended and in force on 30 November 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

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

2............ Commencement................................................................................... 1

4............ Interpretation....................................................................................... 1

5............ Meaning of special assistance............................................................. 2

6............ Extension of Act to external Territories............................................... 3

7............ Establishment of Commonwealth Grants Commission....................... 3

8............ Membership of Commission............................................................... 3

9............ Salary and allowances of member who has status of Judge................ 4

9A......... Remuneration of other members......................................................... 4

10.......... Leave of absence................................................................................. 5

11.......... Resignation and retirement................................................................. 5

12.......... Termination of appointments............................................................... 5

13.......... Acting members.................................................................................. 6

14.......... Meetings............................................................................................. 7

15.......... Duties of Chairperson......................................................................... 8

16.......... Assistance to States............................................................................. 9

16A....... Assistance to the Northern Territory................................................... 9

16AA.... Inquiries relating to the Australian Capital Territory........................... 9

16AB.... Inquiries relating to GST revenue grants........................................... 10

16B....... Inquiries relating to Jervis Bay Territory........................................... 11

16D....... Inquiries relating to external Territories............................................. 12

17.......... Assistance to States for local government purposes.......................... 12

18.......... Inquiries relating to indigenous persons............................................ 12

19.......... Inquiries by Commission.................................................................. 13

20.......... Commission may take evidence........................................................ 14

21.......... Evidence to be on oath...................................................................... 15

22.......... Administration of oath...................................................................... 15

23.......... Penalty for refusing to give evidence................................................ 15

24.......... Giving false evidence........................................................................ 15

25.......... Reports to be laid before Parliament.................................................. 16

27.......... Regulations....................................................................................... 16

Endnotes                                                                                                                                    17

Endnote 1—About the endnotes                                                                            17

Endnote 2—Abbreviation key                                                                                19

Endnote 3—Legislation history                                                                             20

Endnote 4—Amendment history                                                                           24


An Act to establish a Commonwealth Grants Commission to make Recommendations concerning the Granting of Financial Assistance to the States and autonomous Territories, the financing of works and services in respect of the other Territories and the financing of works and services in respect of indigenous persons

 

 

1  Short title

                   This Act may be cited as the Commonwealth Grants Commission Act 1973.

2  Commencement

                   This Act shall come into operation on a date to be fixed by Proclamation.

4  Interpretation

                   In this Act, unless the contrary intention appears:

Chairperson means the Chairperson of the Commission.

Commission means the Commonwealth Grants Commission established by this Act.

indigenous person means:

                     (a)  a person of the Aboriginal race of Australia; or

                     (b)  a descendant of an indigenous inhabitant of the Torres Strait Islands.

local government authority means an authority, established by or under a law of a State, that is, in accordance with provision made by the regulations, a local government authority for the purposes of this Act.

member means the Chairperson or another member of the Commission appointed under section 8.

special assistance has the meaning given by section 5.

5  Meaning of special assistance

             (1)  References in this Act to the grant of special assistance to a State shall be read as references to the grant of financial assistance to a State for the purpose of making it possible for the State, by reasonable effort, to function at a standard not appreciably below the standards of other States.

          (1A)  References in this Act to the grant of special assistance to the Australian Capital Territory shall be read as references to the grant of financial assistance to that Territory for the purpose of making it possible for that Territory, having regard to the special circumstances arising from the location in it of the national capital and the seat of Government of the Commonwealth, by reasonable effort, to function in respect of matters for which the Australian Capital Territory Executive has responsibility, at standards not appreciably below the standards of the States and the Northern Territory.

             (2)  References in this Act to the grant of special assistance to the Northern Territory shall be read as references to the grant of financial assistance to the Northern Territory for the purpose of making it possible for the Northern Territory, by reasonable effort, to function, in respect of matters for which the Ministers of that Territory have executive authority, at standards not appreciably below the standards of the States.

6  Extension of Act to external Territories

                   This Act extends to:

                     (a)  the Territory of Heard Island and McDonald Islands; and

                     (b)  the Territory of Norfolk Island; and

                     (c)  each of the other external Territories.

7  Establishment of Commonwealth Grants Commission

             (1)  The body by the name of the Grants Commission established by the subsection for which this subsection was substituted by the Commonwealth Grants Commission Act 1976 continues in existence, by force of this subsection, under and subject to the provisions of this Act, under the name Commonwealth Grants Commission.

             (2)  The Commission has such functions as are conferred on it by this Act.

             (3)  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

                     (a)  the Commission is a listed entity; and

                     (b)  the Secretary of the Commission is the accountable authority of the Commission; and

                     (c)  the following persons are officials of the Commission:

                              (i)  the Chairperson;

                             (ii)  the other members;

                            (iii)  the Secretary;

                            (iv)  persons engaged under the Public Service Act 1999 to assist the Commission; and

                     (d)  the purposes of the Commission include the functions of the Commission referred to in subsection (2).

8  Membership of Commission

             (1)  The Commission shall consist of a Chairperson and not less than 2 other members.

             (2)  The members shall be appointed by the Governor‑General.

             (3)  A member holds office, subject to this Act, for such period, being not less than one year or more than 5 years, as is specified in the instrument of his or her appointment, but is eligible for re‑appointment.

             (5)  A member may be appointed as a full‑time member or as a part‑time member.

          (5A)  A person who is employed by the Commonwealth or by a State in a full‑time capacity is not eligible for appointment as a part‑time member.

             (6)  The performance of the functions or the exercise of the powers of the Commission is not affected by reason only of:

                     (a)  there being a vacancy in the office of Chairperson; or

                     (b)  the number of other members falling below 2 for a period of not more than 6 months.

          (6A)  If the Chairperson was, immediately before his or her appointment, a Judge of a Federal Court or of the Supreme Court of a State or Territory, he or she shall have the same designation, rank, status and precedence as a Judge of the Supreme Court of the Australian Capital Territory.

9  Salary and allowances of member who has status of Judge

                   If subsection 8(6A) applies to the Chairperson, he or she shall be paid salary, an annual allowance and travelling allowance at such respective rates as are fixed from time to time by the Parliament and such other allowances (if any) as are prescribed.

9A  Remuneration of other members

             (1)  A member, other than a member to whom subsection 8(6A) applies, shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in operation, he or she shall be paid remuneration at the rate that was applicable immediately before the commencement of this section.

             (2)  A member, other than a member to whom subsection 8(6A) applies, shall be paid such allowances as are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

10  Leave of absence

             (1)  A full‑time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.

             (2)  The Minister may grant a full‑time member leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.

11   Resignation and retirement

             (1)  A member may resign his or her office by writing under his or her hand delivered to the Governor‑General.

             (2)  The Governor‑General may, with the consent of the member, retire a member from office on the ground of invalidity.

12  Termination of appointments

             (1)  The Governor‑General may suspend a member from office for misbehaviour or physical or mental incapacity.

             (2)  Where the Governor‑General suspends a member from office, the Minister shall cause a statement of the grounds of the suspension to be laid before each House of the Parliament within 7 sitting days of the House after the suspension.

             (3)  Where such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the member ought to be restored to office and, if each House so passes such a resolution, the Governor‑General shall terminate the suspension.

             (4)  If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Governor‑General may remove the member from office.

          (4A)  If a part‑time member becomes employed by the Commonwealth or by a State in a full‑time capacity, the Governor‑General shall remove the member from office.

             (5)  A member shall not be removed from office except as provided by this section.

             (7)  A member who is suspended from office under this section is not entitled to be paid any remuneration or allowances in respect of the period of his or her suspension unless he or she is restored to office.

13  Acting members

             (1)  Where:

                     (a)  the Governor‑General suspends the Chairperson from office;

                     (b)  if the Chairperson is a full‑time member—the Chairperson is, or is expected to be, absent from duty or from Australia; or

                     (c)  if the Chairperson is a part‑time member—the Chairperson is, or is expected to be, unable (whether on account of illness or otherwise) to perform the duties of his or her office;

the Minister may appoint one of the other members to act as Chairperson on such terms and conditions as the Minister determines, and may also appoint another person to be an acting member, during the suspension, absence or inability, as the case requires.

          (1A)  An acting Chairperson may be appointed as an acting full‑time Chairperson or as an acting part‑time Chairperson.

             (2)  Where:

                     (a)  the Governor‑General suspends a member other than the Chairperson from office;

                     (b)  a full‑time member other than the Chairperson is, or is expected to be, absent from duty or from Australia; or

                     (c)  a part‑time member is, or is expected to be, unable (whether on account of illness or otherwise) to perform the functions of his or her office;

the Minister may appoint a person to be an acting member during the suspension, absence or inability, as the case requires.

             (3)  An acting member may be appointed as an acting full‑time member or as an acting part‑time member.

             (4)  An acting member has all the powers, and shall perform all the duties, of a member.

             (5)  The Minister may, at any time, terminate an appointment under this section.

             (6)  A person appointed an acting member under subsection (1) or (2) holds office on such terms and conditions as the Minister determines.

             (7)  Sections 10 and 11 apply in relation to an acting member appointed under this section in like manner as they apply in relation to a member.

             (8)  The validity of an act done by the Commission shall not be questioned in any proceedings on a ground arising from the fact that the occasion for the appointment of a person purporting to be appointed under this section had not arisen or that an appointment under this section had ceased to have effect.

14  Meetings

             (1)  The Commission shall hold such meetings as are necessary for the performance of its functions.

             (2)  The meetings of the Commission shall be convened by the Chairperson.

             (3)  Where the Minister requests the Chairperson to do so, the Chairperson shall forthwith convene a meeting of the Commission.

             (4)  At a meeting of the Commission, a quorum is constituted by a majority of the members holding office.

             (5)  The Chairperson shall preside at all meetings of the Commission at which he or she is present.

             (6)  If the Chairperson is not present at a meeting of the Commission, the members present shall elect one of their number to preside at the meeting.

             (7)  Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the members present and voting.

             (8)  The Chairperson has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

             (9)  In this section, a reference to the Chairperson includes an acting Chairperson.

15  Duties of Chairperson

             (1)  It is the duty of the Chairperson to ensure the efficient and orderly conduct of the business of the Commission and, for that purpose, he or she has, in addition to any other power, duty or function under this Act, power:

                     (a)  to determine the form of the records of meetings of the Commission to be kept in accordance with this Act and the procedure to be adopted at such a meeting;

                     (b)  to determine which members shall take part in a particular inquiry by the Commission; and

                     (c)  to direct and control travel by members in connection with their duties.

             (2)  Where the services of APS employees are made available to the Commission, the use of those services by members of the Commission is subject to the control of the Chairperson.

16  Assistance to States

                   The Commission shall inquire into and report to the Minister upon:

                     (a)  any application made by a State for the grant, under section 96 of the Constitution, of special assistance to the State;

                     (b)  any matters, being matters relating to a grant of assistance made under that section to a State either before or after the commencement of this Act, that are referred to the Commission by the Minister; and

                     (c)  any matters, being matters relating to the making of a grant of assistance under that section to a State, that are referred to the Commission by the Minister.

16A  Assistance to the Northern Territory

                   The Commission shall inquire into and report to the Minister upon:

                     (a)  any application made by the Northern Territory for a grant of special assistance to that Territory;

                     (b)  any matters, being matters relating to a grant of financial assistance made by the Commonwealth to the Northern Territory, that are referred to the Commission by the Minister; and

                     (c)  any matters, being matters relating to the making of a grant of financial assistance by the Commonwealth to the Northern Territory, that are referred to the Commission by the Minister.

16AA  Inquiries relating to the Australian Capital Territory

                   The Commission shall inquire into and report to the Minister upon:

                     (a)  any application made by the Australian Capital Territory to the Commission for a grant of special assistance to that Territory;

                     (b)  any matters, being matters relating to a grant of financial assistance made by the Commonwealth to the Australian Capital Territory, that are referred to the Commission by the Minister; and

                     (c)  any matters, being matters relating to the making of a grant of financial assistance by the Commonwealth to the Australian Capital Territory, that are referred to the Commission by the Minister.

16AB  Inquiries relating to GST revenue grants

             (1)  This section applies to a reference of a matter to the Commission under section 16, 16A or 16AA of this Act, so far as the matter relates to grants of assistance (GST revenue grants) made under Division 1 of Part 2 of the Federal Financial Relations Act 2009 for the 2021‑22 payment year, or a later payment year, within the meaning of that Act.

Note:          An example of a matter referred to in this section is the Minister seeking a recommendation about the GST revenue sharing relativities that the Minister determines for a financial year under section 8 of the Federal Financial Relations Act 2009.

             (2)  In framing the terms of the reference, the Minister is to pursue the objective of ensuring, consistently with the Federal Financial Relations Act 2009, that the States, the Australian Capital Territory and the Northern Territory each have the fiscal capacity to provide services (including associated infrastructure) at a standard that is at least as high as the standard for whichever of New South Wales and Victoria has the higher standard.

             (3)  However, so far as the reference relates to GST revenue grants for any of the first 5 payment years covered by subsection (1), the Minister is to frame the terms of the reference:

                     (a)  so as to make an appropriate and even transition over those 5 years from the arrangements that applied before those payment years (the previous arrangements) to arrangements based on subsection (2) of this section (the new arrangements); and

                     (b)  so that the respective GST revenue sharing relativities for the States and Territories that the Minister determines for each of those 5 payment years under section 8 of the Federal Financial Relations Act 2009 can be worked out:

                              (i)  consistently with the Federal Financial Relations Act 2009; and

                             (ii)  using the proportion of the relativities derived from the previous arrangements, and the proportion of the relativities derived from the new arrangements, set out in this table:

 

Transitional proportions

Item

Payment year

Proportion of the relativities derived from the previous arrangements

Proportion of the relativities derived from the new arrangements

1

the 2021‑22 payment year

5/6

1/6

2

the 2022‑23 payment year

4/6

2/6

3

the 2023‑24 payment year

3/6

3/6

4

the 2024‑25 payment year

2/6

4/6

5

the 2025‑26 payment year

1/6

5/6

16B  Inquiries relating to Jervis Bay Territory

                   The Commission must inquire into and report to the Minister upon any matters, being matters relating to the financing of works and services provided by the Commonwealth or an authority of the Commonwealth in respect of the Jervis Bay Territory, that are referred to the Commission by the Minister.

16D  Inquiries relating to external Territories

                   The Commission must inquire into and report to the Minister upon any matters, being matters relating to the financing of works and services provided by the Commonwealth or an authority of the Commonwealth in respect of a particular external Territory, that are referred to the Commission by the Minister.

17  Assistance to States for local government purposes

             (1)  The Commission shall inquire into and report to the Minister upon any matters:

                     (a)  being matters relating to the making of a grant of assistance to a State, under section 96 of the Constitution, for local government purposes; or

                     (b)  being matters relating to a grant of assistance made to a State, under section 96 of the Constitution, for local government purposes;

that are referred to the Commission by the Minister.

             (2)  In subsection (1), a reference to a grant of assistance to a State for local government purposes shall be read as a reference to a grant of moneys to the State for the purpose of being applied by the State in payments to local government authorities situated in the State, or by way of expenditure for purposes declared by the regulations to be purposes to which this subsection applies.

18  Inquiries relating to indigenous persons

             (1)  The Commission must inquire into and report to the Minister upon any matters that the Minister refers to the Commission relating to:

                     (a)  works and services in respect of indigenous persons that are provided or funded (directly or indirectly) by the Commonwealth or an authority of the Commonwealth; or

                     (b)  a grant of financial assistance under section 96 of the Constitution to a State for the purpose of being applied by the State, or an authority of the State, to pay for works and services in respect of indigenous persons in the State; or

                     (c)  a grant of financial assistance made by the Commonwealth to a Territory, or an authority of the Territory, for the purpose of being applied by the Territory or the authority to pay for works and services in respect of indigenous persons in the Territory.

             (2)  Subsection (1) applies whether or not:

                     (a)  the works or services are provided or funded exclusively in respect of Indigenous persons; or

                     (b)  the financial assistance is applied exclusively in respect of Indigenous persons.

19  Inquiries by Commission

             (1)  Where the Commission is required to inquire into and report upon an application or matter, the Chairperson may, by writing under his or her hand, determine that the powers of the Commission under this Act may, for the purposes of the inquiry and report on that application or matter or on such part of that application or matter as is specified in the determination, be exercised by a Division of the Commission constituted, subject to subsection (3), by such members as are specified in the determination.

             (2)  Where the Chairperson has made a determination under subsection (1) he or she may, by writing under his or her hand, at any time before the Division of the Commission specified in the determination has completed the inquiry and report, revoke the determination or, subject to subsection (3), amend the determination in relation to the membership of the Division or in any other respect, and, where the membership of the Division of the Commission is changed, the Division as constituted after the change may complete the inquiry and report.

             (3)  A Division of the Commission exercising the powers of the Commission in respect of an application or matter shall consist of the Chairperson and not less than 2 other members.

             (4)  For the purposes of an inquiry and report on an application or matter, or on a part of an application or matter, specified in a determination under subsection (1), the Commission shall be deemed to consist of the Division of the Commission specified in the determination.

             (5)  At a meeting of a Division of the Commission:

                     (a)  if the Chairperson is present—the Chairperson shall preside; or

                     (b)  in any other case—a member of the Division appointed for the purpose by the Chairperson shall preside.

             (6)  At a meeting of a Division of the Commission, a majority of the members constituting the Division form a quorum.

             (7)  The Chairperson has, at a meeting of a Division of the Commission, a deliberative vote and, in the event of an equality of votes, also a casting vote.

             (8)  A meeting of a Division of the Commission may be held notwithstanding that a meeting of another Division of the Commission is being held at the same time.

20  Commission may take evidence

             (1)  Where an application or matter is referred to the Commission under this Act, the Commission may, for the purpose of inquiring into the application or matter, take evidence from persons who appear as witnesses before the Commission.

             (2)  Subsection (1) does not prevent the Commission from inquiring into an application or matter in such other manner as it sees fit.

21  Evidence to be on oath

                   The evidence given by a witness appearing before the Commission shall be given on oath or affirmation.

22  Administration of oath

                   A member may administer an oath or affirmation to a person appearing as a witness before the Commission.

23  Penalty for refusing to give evidence

             (1)  Where the Commission takes evidence in the course of inquiry into a matter, a person appearing as a witness before the Commission shall not, without lawful excuse, refuse or fail to answer a question, being a question relevant to the inquiry, that is put to him or her by the Commission.

Penalty:  10 penalty units.

             (2)  For the purposes of subsection (1), a question shall be deemed to have been put to a witness by the Commission:

                     (a)  if it is put by any of the members who are exercising the powers of the Commission in relation to the matter; or

                     (b)  if, with the approval of a majority of the members who are exercising the powers of the Commission in relation to the matter, it is put by a person authorized by a majority of those members to appear in connexion with the taking of the evidence.

24  Giving false evidence

                   A person shall not, in the course of giving evidence before the members of the Commission who are exercising the powers of the Commission in relation to a matter, make a statement that he or she knows to be false or misleading in a material particular.

Penalty:  Imprisonment for 5 years.

25  Reports to be laid before Parliament

             (1)  The Minister may cause a report made by the Commission under section 16, 16A, 16B, 16D, 17 or 18 to be laid before each House of the Parliament.

             (2)  Before a proposed law relating to the subject of a report made by the Commission under section 16, 16A, 16AA, 16B, 16D, 17 or 18 is introduced into the Parliament, the Minister shall cause the report to be laid before each House of the Parliament.

             (3)  The Minister may cause to be attached to a report of the Commission that is laid before the Houses of the Parliament under this section such statement, recommendation or comment by him or her as he or she thinks proper.

27  Regulations

                   The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, for regulating the practice and procedure of the Commission.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Grants Commission Act 1973

54, 1973

18 June 1973

20 Sept 1973 (gaz 1973, No 123, p 2)

 

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

s 9(1) and 10

Grants Commission Act 1975

59, 1975

19 June 1975

s 3(b): 1 Oct 1984
Remainder: 19 June 1975

s 2(2) and 4(2)

Commonwealth Grants Commission Act 1976

47, 1976

2 June 1976

2 June 1976

s 15(2) and 16

Remuneration and Allowances Amendment Act 1977

111, 1977

28 Oct 1977

s 1, 2, 5, 9(2), 13, 16, 18 and 19(2): 28 Oct 1977
Remainder: 1 June 1977

Commonwealth Grants Commission Amendment Act 1977

143, 1977

10 Nov 1977

10 Nov 1977

Commonwealth Grants Commission Amendment Act 1978

86, 1978

22 June 1978

s 3, 5, 9 and 15: 1 July 1978
Remainder: 22 June 1978

Commonwealth Grants Commission Amendment Act 1980

6, 1980

24 Mar 1980

24 Mar 1980

Commonwealth Grants Commission Amendment Act 1981

173, 1981

2 Dec 1981

2 Dec 1981

s 3(2)

Cocos (Keeling) Islands Self‑Determination (Consequential Amendments) Act 1984

46, 1984

25 June 1984

Part VII (s 22–26): 6 Apr 1984
Remainder: 25 June 1984

as amended by

 

 

 

 

Statute Law (Miscellaneous Provisions) Act (No. 1) 1985

65, 1985

5 June 1985

s 3: 25 June 1984
(s 2(12))

Statute Law (Miscellaneous Provisions) Act (No. 1) 1985

65, 1985

5 June 1985

s 3: 3 July 1985 (s 2(1))

A.C.T. Self‑Government (Consequential Provisions) Act 1988

109, 1988

6 Dec 1988

s 32: 11 May 1989 (gaz 1989, No S164) (s 2(3))

Administrative Services Legislation Amendment Act 1989

5, 1989

13 Mar 1989

Sch: 13 Mar 1989 (s 2(1))

Industrial Relations Legislation Amendment Act 1991

122, 1991

27 June 1991

Sch: 10 Dec 1991 (s 2(3))

s 31(2)

Territories Law Reform Act 1992

104, 1992

30 June 1992

Sch 4: 1 July 1992 (s 2(3))

Aboriginal Land Grant and Management (Jervis Bay Territory) Legislation Amendment Act 1995

103, 1995

29 Sept 1995

Sch 3: 29 Sept 1995 (s 2)

Sch 3 (item 1)

Commonwealth Grants Commission Amendment Act 1999

112, 1999

12 Sept 1999

Sch 1: 12 Sept 1999 (s 2)

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Sch 1 (items 318, 319): 5 Dec 1999 (gaz 1999, No S584) (s 2(1) and (2))

Statute Law Revision Act 2008

73, 2008

3 July 2008

Sch 4 (items 171–188): 4 July 2008 (s 2(1) item 64)

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

62, 2014

30 June 2014

Sch 6 (item 34) and Sch 14: 1 July 2014 (s 2(1) items 6, 14)

Sch 14

as amended by

 

 

 

 

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

 

 

 

 

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)

Norfolk Island Legislation Amendment Act 2015

59, 2015

26 May 2015

Sch 1 (item 93) and Sch 2 (items 356–396): 18 June 2015 (s 2(1) items 2, 6)
Sch 1 (items 184–203): 27 May 2015 (s 2(1) item 3)
Sch 2 (items 94–98): 1 July 2016 (s 2(1) item 5)

Sch 1 (items 184–203) and Sch 2 (items 356–396)

as amended by

 

 

 

 

Territories Legislation Amendment Act 2016

33, 2016

23 Mar 2016

Sch 2: 24 Mar 2016 (s 2(1) item 2)

Statute Law Revision Act (No. 1) 2016

4, 2016

11 Feb 2016

Sch 1 (item 17): 10 Mar 2016 (s 2(1) item 2)

Statute Update Act 2016

61, 2016

23 Sept 2016

Sch 1 (item 150): 21 Oct 2016 (s 2(1) item 1)

Tax and Superannuation Laws Amendment (2016 Measures No. 2) Act 2017

15, 2017

28 Feb 2017

Sch 4 (item 19): 1 Apr 2017 (s 2(1) item 8)

Treasury Laws Amendment (Making Sure Every State and Territory Gets Their Fair Share of GST) Act 2018

143, 2018

29 Nov 2018

Sch 1 (item 1): 30 Nov 2018 (s 2(1) item 2)

 

Endnote 4—Amendment history

Provision affected

How affected

Title.....................................

am No 47, 1976; No 86, 1978; No 104, 1992; No 103, 1995; No 112, 1999

s 3........................................

rep No 173, 1981

s 4........................................

am No 47, 1976; No 86, 1978; No 173, 1981; No 103, 1995; No 112, 1999

s 5........................................

am No 86, 1978; No 109, 1988; No 103, 1995; No 59, 2015

s 6........................................

rep No 47, 1976

 

ad No 46, 1984

 

rs No 104, 1992; No 103, 1995

s 7........................................

am No 47, 1976; No 62, 2014

s 8........................................

am No 216, 1973; No 59, 1975; No 47, 1976; No 143, 1977; No 86, 1978; No 173, 1981; No 65, 1985; No 5, 1989; No 103, 1995; No 73, 2008

s 9........................................

rs No 59, 1975; No 111, 1977

 

am No 103, 1995; No 73, 2008

s 9A.....................................

ad No 59, 1975

 

am No 173, 1981; No 73, 2008; No 4, 2016

s 10......................................

rs No 122, 1991

 

am No 146, 1999

s 11......................................

am No 73, 2008

s 12......................................

am No 86, 1978; No 173, 1981; No 73, 2008

s 13......................................

am No 5, 1989; No 103, 1995; No 73, 2008

s 14......................................

am No 103, 1995; No 73, 2008

s 15......................................

am No 86, 1978; No 173, 1981; No 103, 1995; No 146, 1999; No 73, 2008

s 16A...................................

ad No 86, 1978

s 16AA................................

ad No 109, 1988

s 16AB.................................

ad No 143, 2018

s 16B...................................

ad No 6, 1980

 

rep No 109, 1988

 

ad No 103, 1995

s 16C...................................

ad No 46, 1984

 

am No 104, 1992

 

rs No 103, 1995

 

rep No 59, 2015

s 16D...................................

ad No 103, 1995

 

am No 59, 2015

s 17......................................

rs No 47, 1976

s 18......................................

rep No 47, 1976

 

ad No 112, 1999

s 19......................................

am No 47, 1976; No 86, 1978; No 173, 1981; No 103, 1995; No 73, 2008

s 19A...................................

ad No 86, 1978

 

rep No 173, 1981

s 20......................................

am No 47, 1976

s 22......................................

am No 86, 1978; No 173, 1981

s 23......................................

am No 47, 1976; No 86, 1978; No 173, 1981; No 73, 2008; No 61, 2016

s 24......................................

rs No 47, 1976

 

am No 86, 1978; No 173, 1981; No 73, 2008

s 25......................................

am No 47, 1976; No 86, 1978; No 6, 1980; No 46, 1984 (as am by No 65, 1985); No 109, 1988; No 104, 1992; No 103, 1995; No 112, 1999; No 73, 2008; No 59, 2015; No 15, 2017

s 26......................................

am No 47, 1976

 

rep No 86, 1978

s 27......................................

rs No 47, 1976