Commonwealth Numbered Acts

HOUSING ASSISTANCE ACT 1989 No. 7 of 1990 - SECT 12

12. (1) For the purposes of this section, the Australian Capital Territory is
not to be taken to be a State.

(2) Subject to sections 6 and 15, the Minister in authorising untied grants in
the first grant year is to ensure that the amounts of those grants are
allocated among the States in accordance with this section.

(3) Subject to subsection (6), $146,000,000 is to be allocated among the
States in the proportions determined by the Minister to be appropriate but so
that no State is allocated less than $7,300,000.

(4) Subject to subsection (6), $310,504,000 is to be allocated among the
States in accordance with Schedule 2.

(5) Subject to subsection (6), the balance of the amounts is to be allocated
among the States in the proportions determined by the Minister to be
appropriate.

(6) Where grants to a State cannot be authorised in the first grant year
because there is no housing agreement with the State in force in that year,
the amounts that the Minister determines would have been allocated for untied
grants to that State in that year under subsections (3), (4) and (5) are to be
dealt with as follows:

   (a)  where advances to that State that may be retained by that State in
        accordance with arrangements under section 17 were made out of the
        amounts - the amount of the advances is to be so retained by that
        State;

   (b)  the amounts, less the amount retained under paragraph (a), may be
        allocated in that year among such of the States and the Australian
        Capital Territory with which a housing agreement is in force in that
        year, and in such proportions, as the Minister determines to be
        appropriate.

(7) This section does not affect the operation of any priority provision in a
housing agreement.