Commonwealth: Urban and Regional Development (Financial Assistance) Act 1974 (Cth)

Urban and Regional Development (Financial Assistance) Act 1974 No. 135, 1974 Compilation No. 5 Compilation date: 22 March 2017 Includes amendments up to: Act No. 13, 2017 Registered: 22 March 2017 About this compilation This compilation This is a compilation of the Urban and Regional Development (Financial Assistance) Act 1974 that shows the text of the law as amended and in force on 22 March 2017 (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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 2 Commencement 3 Interpretation 3A Approved bodies 4 Approved programs 5 Financial assistance 6 Conditions 7 Financial assistance by way of loan 8 Agreements to be tabled in Parliament 10 Financial assistance during subsequent financial years Schedule—Urban and Regional Development Matters Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide Financial Assistance to the States for purposes connected with Urban and Regional Development 1 Short title This Act may be cited as the Urban and Regional Development (Financial Assistance) Act 1974. 2 Commencement This Act shall come into operation on the day on which it receives the Royal Assent. 3 Interpretation In this Act, unless the contrary intention appears: appropriate Minister, in relation to a State, means a Minister of that State having functions relating to urban and regional development, and includes any other Minister of that State for the time being acting for and on behalf of such a Minister. approved body means a body approved under section 3A. State includes the Australian Capital Territory. urban and regional development includes any matter specified in an item in the Schedule. 3A Approved bodies (1) The Minister may, in writing, approve a body for the purposes of this Act if the body is: (a) an authority of a State; or (b) a local governing body; or (c) a body corporate constituted for purposes other than the acquisition of gain by its individual members. (2) An approval under subsection (1) is not a legislative instrument. 4 Approved programs The Minister may, in consultation with an appropriate Minister of a State, approve programs relating to matters specified in the Schedule. 5 Financial assistance (1) Australia may agree with a State upon financial assistance by way of a loan or otherwise to be provided by Australia to the State under this Act in respect of expenditure by that State, or by an approved body, in accordance with a program approved under section 4, and financial assistance may be provided to the State accordingly. (2) An agreement under subsection (1) shall be in writing. (3) An agreement under subsection (1) may include provision for: (a) the review of the operation of the agreement; and (b) the amendment of the agreement by a further agreement in consequence of such a review; and the agreement as so amended may vary any conditions provided for by section 7. 6 Conditions (1) Financial assistance to a State under this Act is subject to: (a) such of the conditions provided for by this Act as are applicable; and (b) such other conditions as are specified in the agreement. (2) For the purposes of paragraph (1)(a), such of the provisions of this Act as are applicable to a State shall be regarded as conditions. 7 Financial assistance by way of loan (1) Subject to this Act, where financial assistance under this Act is provided to a State by way of loan, the State shall: (a) repay the loan in such manner, and within such period, as are specified in the agreement in accordance with which the financial assistance is provided; and (b) pay interest in respect of the loan at the long‑term bond rate in such manner, and at such times within that period, as are so specified. (2) For purposes of subsection (1), a reference to the long‑term bond rate, in relation to any interest, is a reference to the rate that is equivalent to the rate of yield to maturity of the long‑term loan of the last loan‑raising by the Australian Government in Australia for public subscription before a date specified in, or ascertained in accordance with, the agreement. 8 Agreements to be tabled in Parliament The Minister shall cause a copy of every agreement made under this Act, including every amending agreement, to be laid before each House of the Parliament within 15 sitting days of the House after the date on which the agreement was made. 10 Financial assistance during subsequent financial years Financial assistance provided to the States under this Act shall be made out of moneys appropriated from time to time by the Parliament for the purposes of this Act. Schedule—Urban and Regional Development Matters Sections 3 and 4 1. Urban expansion and re‑development (which may include sewerage and water supply) 2. Area improvement, being urban and regional improvement and rehabilitation 3. Sewerage 4. Water supply 5. Flood mitigation 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 Urban and Regional Development (Financial Assistance) Act 1974 135, 1974 9 Dec 1974 9 Dec 1974 (s 2) Urban and Regional Development (Financial Assistance) Act 1975 74, 1975 19 June 1975 s 3 and 4: 9 Dec 1974 (s 2(2)) — Remainder: 19 June 1975 (s 2(1)) Administrative Changes (Consequential Provisions) Act 1978 36, 1978 12 June 1978 s 8 and Sch 1: 12 June 1978 (s 2) s 8 National Debt Sinking Fund Repeal Act 1994 107, 1994 5 July 1994 Sch: 1 July 1995 (s 2) — Environment, Sport and Territories Legislation Amendment Act 1994 113, 1994 16 Sept 1994 Sch: 16 Sept 1994 (s 2) — Albury‑Wodonga Development Corporation (Abolition) Act 2014 117, 2014 11 Nov 2014 Sch 1 (items 4–25): 1 Jan 2015 (s 2(1) item 2) Sch 1 (items 6, 8–25) as amended by Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 17): 5 Mar 2016 (s 2(1) item 2) — Statute Update (A.C.T. Self‑Government (Consequential Provisions) Regulations) Act 2017 13, 2017 22 Feb 2017 Sch 1 (item 39): 22 Mar 2017 (s 2(1) item 2) — Endnote 4—Amendment history Provision affected How affected s 3..................... am No 117, 2014; No 13, 2017 s 3A.................... ad No 117, 2014 s 6..................... am No 74, 1975; No 117, 2014 s 7..................... am No 74, 1975 s 9..................... am No 74, 1975; No 36, 1978 rep No 113, 1994 am No 107, 1994 (amdt never applied (Sch)) s 10.................... am No 113, 1994 Schedule................. am No 74, 1975 rs No 113, 1994