HOUSING ASSISTANCE ACT 1981 No. 70, 1981
Housing Assistance Act 1981 No. 70 of 1981 - SECT. 1. Short title.
No. 70 of 1981 ------------------------------------------------------------------------------ -- ------------------------------------------------------------------------------ -- An Act relating to financial assistance to the States and to the Northern Territory for the purpose of housing (Assented to 17 June 1981) BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: Short title 1. This Act may be cited as the Housing Assistance Act 1981. Housing Assistance Act 1981 No. 70 of 1981 - SECT. 2. Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent. Housing Assistance Act 1981 No. 70 of 1981 - SECT. 3. Interpretation
3. In this Act- ''grant'' means a payment to a State, by way of financial assistance to that State, under section 6; ''loan'' means a loan to a State, by way of financial assistance to that State, under section 7; ''period to which this Act applies'' means the period commencing on 1 July 1981 and ending on 30 June 1986; ''State'' includes the Northern Territory; ''year to which this Act applies'' means the year commencing on 1 July 1981 or any succeeding year during the period to which this Act applies. Housing Assistance Act 1981 No. 70 of 1981 - SECT. 4. Execution of agreements authorized
4. The execution, by or on behalf of the Commonwealth, of an agreement between the Commonwealth and any State or States substantially in accordance with the form contained in Schedule 1 (including any agreement to be entered into, from time to time, in accordance with the provisions of that first-mentioned agreement that relate to the variation of that agreement) is authorized. Housing Assistance Act 1981 No. 70 of 1981 - SECT. 5. Variation of agreement to be laid before each House
5. Where- (a) an agreement (in this section referred to as the ''principal agreement'') is entered into between the Commonwealth and a State in pursuance of section 4; and (b) in accordance with the provisions of the principal agreement relating to the variation of that agreement, a further agreement is entered into between the Commonwealth and a State, the Minister shall cause a copy of the further agreement to be laid before each House of the Parliament within 15 sitting days of that House after the entering into of the further agreement. Housing Assistance Act 1981 No. 70 of 1981 - SECT. 6. Grants for rental housing and other purposes
6. (1) Subject to this Act, the Minister may, during a year to which this Act applies, if an agreement has been entered into between the Commonwealth and a State in pursuance of this Act, authorize the payment to the State, by way of financial assistance, of such amounts as he determines to be appropriate- (a) for expenditure by the State in respect of that year for any purpose relating to the provision of rental housing to any person included in a class of persons that is specified by the Minister for the purposes of the payment,
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being a class of persons that is specified in the agreement to be a class of persons in need of assistance or is declared by the Minister, in pursuance of the agreement, to be such a class; or (b) for expenditure by the State in respect of that year for any purpose related to housing that the State determines to be appropriate, being a purpose in respect of which moneys paid under this section are permitted to be expended under the agreement. (2) Grants shall be made on such terms and conditions as are specified in the agreement in relation to the grants. Housing Assistance Act 1981 No. 70 of 1981 - SECT. 7. Loans
7. (1) Subject to this Act, the Minister may, during a year to which this Act applies, if an agreement has been entered into between the Commonwealth and a State in pursuance of this Act, authorize the making of loans to the State, by way of financial assistance, of such amounts as he determines to be appropriate, for expenditure by the State in respect of that year for any purpose related to housing in respect of which moneys paid under this section are permitted to be expended under the agreement. (2) Loans shall be made on such terms and conditions as are specified in the agreement in relation to the loans. Housing Assistance Act 1981 No. 70 of 1981 - SECT. 8. Appropriation
8. (1) The Consolidated Revenue Fund is appropriated for the purpose of- (a) the making of grants amounting in the aggregate to $54,000,000 during each year to which this Act applies for the purposes referred to in paragraph 6 (1) (a); and (b) the making of loans amounting in the aggregate to $146,000,000 during each year to which this Act applies. (2) Grants and loans shall be made out of moneys appropriated, whether by this Act or another Act, for the purpose of making grants or loans, as the case may be. Housing Assistance Act 1981 No. 70 of 1981 - SECT. 9. Allocation of grants and loans amongst States
9. (1) The Minister shall, in authorizing grants during a year to which this Act applies for the purposes referred to in paragraph 6 (1) (a), ensure that- (a) the aggregate of the amounts of those grants is not less than the amount appropriated by this Act for those purposes in respect of that year; and (b) those amounts are allocated amongst the States on the basis of the respective needs of the States as determined by the Minister. (2) Subject to section 10, the Minister shall, in authorizing grants during a year to which this Act applies for the purposes referred to in paragraph 6 (1) (b), ensure that the amounts of those grants are allocated amongst the States on the same basis as the basis provided for in sub-section (4) in respect of that year for the allocation amongst the States of the amounts of the loans referred to in that sub-section. (3) Subject to section 10, the Minister shall, in authorizing loans during a year to which this Act applies out of moneys appropriated by this Act, ensure that- (a) the aggregate of the amounts of those loans is not less than the amount appropriated by this Act for the purpose of making loans during that year; and (b) those amounts are allocated amongst the States- (i) in respect of the year commencing on 1 July 1981-in the proportions expressed by the percentages set out in Schedule 2; and (ii) in respect of any subsequent year to which this Act applies-in the proportions determined by the Minister, by writing signed by him, to be the appropriate proportions in respect of that year for the purposes of this sub-section but so that no State is allocated in respect of that year an amount that, or amounts the sum of which, is less than $7,300,000. (4) Subject to section 10, the Minister shall, in authorizing loans during a year to which this Act applies out of moneys appropriated by an Act other than this Act, ensure that the amounts of those loans are allocated amongst the States- (a) in respect of the year commencing on 1 July 1981-in the proportions expressed by the percentages set out in Schedule 2; and
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(b) in respect of any subsequent year to which this Act applies-in the proportions determined by the Minister, by writing signed by him, to be the appropriate proportions in respect of that year for the purposes of this sub-section. (5) The appropriate proportions to be determined by the Minister under sub-paragraph (3) (b) (ii) and paragraph (4) (b) for the allocation amongst the States of the amounts of the loans to be made during the years to which this Act applies other than the year commencing on 1 July 1981 shall be determined, as far as practicable, so as progressively to achieve the result that, if the operation of this Act and of each agreement entered into in pursuance of this Act were to be extended for the further period of 5 years next following the expiration of the period to which this Act applies, the amounts of the loans made would, in the year commencing on 1 July 1990, be allocated amongst the States on an equal per capita basis. Housing Assistance Act 1981 No. 70 of 1981 - SECT. 10. Unmatched moneys
10. (1) If the Minister becomes satisfied in relation to a State, during a year to which this Act applies, that the aggregate of the amounts (in this section referred to as the ''amount notionally allocated for grants and loans to that State'') that, but for this sub-section, would constitute the total allocation to that State in respect of that year in respect of all moneys appropriated, whether by this Act or by another Act, for the purpose of making grants and loans to all the States under this Act during that year, exceeds the aggregate of the amounts (in this section referred to as the ''proposed matching expenditure of that State'') that that State has expended or proposes to expend in relation to housing in respect of that year out of moneys that would constitute, in relation to that State, matching funds for the purpose of any agreement entered into in pursuance of this Act by that State, then, notwithstanding section 9- (a) the Minister shall, in authorizing grants and loans to that State during that year, ensure that the total of the amounts of the grants and loans made to that State does not exceed the amount so expended or proposed to be expended by that State; and (b) the Minister may authorize grants or loans, or grants and loans, of such amounts as he determines to be appropriate, to such of the States other than that State as he determines to be appropriate, being grants or loans, or grants and loans, that do not, in the aggregate, exceed the amount by which the amount notionally allocated for grants and loans to that State exceeds the proposed matching expenditure of that State. (2) In sub-section (1), a reference to a grant shall be construed as a reference to a grant made for a purpose referred to in paragraph 6 (1) (b). Housing Assistance Act 1981 No. 70 of 1981 - SECT. 11. Advances on account of moneys expected to become payable under sections 6 and 7
11. (1) The Minister may make arrangements for the making to a State, by way of financial assistance to the State, of advances on account of amounts that are expected to become payable to the State under section 6. (2) The Minister may make arrangements for the making to a State, by way of financial assistance to the State, of advances on account of amounts that are expected to become payable to the State under section 7. (3) Upon the execution of an agreement between the Commonwealth and a State in pursuance of this Act, this Act and the agreement apply, and shall be deemed at all relevant times to have applied, to and in relation to moneys paid to that State under sub-section (1) or (2) as if those moneys had been paid under and in accordance with section 6 or 7, as the case requires. (4) If a State has not, before 1 January 1982, entered into an agreement with the Commonwealth in pursuance of this Act, the State shall repay to the Commonwealth an amount equal to the aggregate of the amounts (if any) paid to the State under sub-section (1) and of the amounts (if any) paid to the State under sub-section (2). Housing Assistance Act 1981 No. 70 of 1981 - SECT. 12. Authority to borrow
12. The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 14 (including moneys to meet the expenses of any such borrowing). Housing Assistance Act 1981 No. 70 of 1981 - SECT. 13. Application of moneys borrowed
13. Moneys borrowed under section 12 shall be issued and applied only for the expenses of borrowing and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 14, and the Loan Fund is appropriated, as necessary, for those purposes.
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Housing Assistance Act 1981 No. 70 of 1981 - SECT. 14. Reimbursement of Consolidated Revenue Fund from Loan Fund
14. (1) Where an amount has been paid out of the Consolidated Revenue Fund for the purposes of this Act, the Minister for Finance may authorize the payment to that Fund, out of the Loan Fund, of an amount not exceeding the amount so paid. (2) In any statement prepared by the Minister for Finance under section 50 of the Audit Act 1901, amounts paid to the Consolidated Revenue Fund under sub-section (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund for the purposes of this Act. (3) Where there has been a payment from the Loan Fund to the Consolidated Revenue Fund under sub-section (1) in respect of an amount paid out of the Consolidated Revenue Fund for the purposes of this Act, the amount so paid out of the Consolidated Revenue Fund, shall, for the purposes of sections 9 and 10 of the National Debt Sinking Fund Act 1966, be deemed to have been paid out of the Loan Fund. Housing Assistance Act 1981 No. 70 of 1981 - SECT. 15. Annual report by Minister
15. The Minister shall, as soon as practicable after the end of each year to which this Act applies, cause to be laid before each House of the Parliament, a report relating to- (a) the operation of the agreements executed in pursuance of this Act; and (b) any other matter that the Minister considers relevant. ---------------- Housing Assistance Act 1981 No. 70 of 1981 - SCHEDULE 1
SCHEDULE 1 Section 4 AN AGREEMENT made the day of One thousand nine hundred and eighty- between- THE COMMONWEALTH OF AUSTRALIA 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 SOUTH AUSTRALIA of the fifth part, THE STATE OF WESTERN 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 and the States of Australia have from time to time entered into agreements for the purpose of the provision by the States with financial assistance from the Commonwealth of housing for persons who are in need of governmental assistance if their housing requirements are to be met; (B) by an agreement dated the seventeenth day of October 1978, being the agreement authorised to be executed on behalf of the Commonwealth by the Housing Assistance Act 1978 of the Commonwealth Parliament and being the last of the agreements referred to in recital (A), provision was so made with respect to the three years commencing on the 1st July 1978; (C) the Commonwealth and the Northern Territory of Australia entered into an agreement dated the eleventh day of March 1980 in relation to the funding of welfare housing in the Northern Territory with respect to the two years commencing on the 1st July 1979; (D) the Ministers of the respective governments throughout Australia who are responsible for housing have agreed upon the provision of rental housing assistance and home purchase assistance in the various States and in the Northern Territory during the five years commencing on the 1st July 1981; (E) the Ministers have affirmed and augmented principles that apply to the
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provision of housing assistance under agreements of the nature aforesaid, namely- (a) housing assistance will- (i) facilitate home ownership for those able to afford it but not able to gain it through the private market; (ii) provide adequate rental housing for those of the community who are deemed to be in need of governmental assistance at a price that is within their capacity to pay; and (iii) provide assistance for home ownership and assistance with rental accommodation in the most efficient way and thus to exclude from eligibility those not in need, to minimise continued availability of assistance to those no longer in need and to accord benefits which are designed so that assistance being provided is related to the particular family's or individual's current economic and social circumstances; (b) benefits which are available are offset to the minimum extent practicable by poor location of dwellings, an inadequate range of choice of dwellings and stigmatisation of those who are to receive benefits; (c) clear recognition is accorded to the separate but complementary roles of- (i) construction and acquisition of dwellings; (ii) management of the rental operations; and (iii) sales of dwellings; (d) maximum social benefit is sought from previous investment in housing; (e) design, style and siting of public housing will to the maximum extent practicable- (i) support the energy conservation policies of the governments; and (ii) reflect the need for accessibility and suitability for habitation by handicapped persons; (f) tenant participation in public housing policies and estate management is encouraged; and (g) the States will be able to exercise maximum autonomy and flexibility in the administrative arrangements necessary to achieve these principles; (F) it is proposed that in order to implement the agreement of the Ministers the Commonwealth will grant to the States financial assistance under section 96 of the Commonwealth of Australia Constitution and like assistance to the Northern Territory and that the terms and conditions on which the grant of financial assistance should be made are those set out in this agreement; (G) the Commonwealth and the States and the Northern Territory wish to vary in certain respects the operation of the agreements which have been entered into as aforesaid; and (H) the Parliament of the Commonwealth has authorised the execution by and on behalf of the Commonwealth of this agreement and the provision of financial assistance to the States in accordance with its provisions: NOW IT IS HEREBY AGREED as follows: PART I-OPERATION OF AGREEMENT 1. (1) This agreement shall come into force in respect of the Commonwealth
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and of a State when it has been signed on behalf of the Commonwealth and has been signed on behalf of the State with the authority of the Parliament of the State or, having been signed on behalf of the State without the authority, is approved by the Parliament of the State. (2) This agreement shall come into force in respect of the Commonwealth and the Northern Territory when it has been signed on behalf of the Commonwealth and has been signed on behalf of the Northern Territory. (3) Notwithstanding that in this agreement all the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania and the Northern Territory are named as parties, this 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. 2. Acts and things provided for by this agreement which have been done or carried out by or with respect to a State or the Northern Territory in accordance with and in anticipation of its coming into force in respect of that