Commonwealth Numbered Acts

HEALTH, HOUSING AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT 1992 No. 88 of 1992 - SECT 13

13. After section 12 of the Principal Act the following section is inserted in
Division 3 of Part II: Financial assistance for transitional services

"12A.(1) The Minister may approve the making of a grant of financial
assistance to a State or an eligible organisation in relation to the provision
by the State or the eligible organisation of a transitional service for
persons included in the target group if the Minister is satisfied that:

   (a)  the making of the grant would be in the interests of persons included
        in the target group; and

   (b)  the State or eligible organisation will take adequate steps towards
        meeting the objects of this Act set out in section 3 and the
        principles and objectives formulated under section 5; and

   (c)  the making of the grant would comply with the guidelines formulated
        under section 5 that are applicable to the making of grants under this
        subsection; and

   (d)  the State or eligible organisation is meeting the enhanced standards
        in respect of the provision of the service; and

   (e)  the State or eligible organisation will implement the steps in the
        transitional strategy for the service.

"(2) The Minister may approve the making of the grant even though the Minister
is not satisfied that the making of the grant would further the objects of
this Act and those principles and objectives.

"(3) Without limiting subsection (1), the Minister may approve the making of
the grant in respect of any of the following:

   (a)  recurrent expenditure incurred or to be incurred;

   (b)  the cost of acquiring land (with or without buildings);

   (c)  the cost of acquiring, erecting, altering or extending buildings;

   (d)  the cost of acquiring, altering or installing equipment.

"(4) The grant is subject to the condition that the State or eligible
organisation receiving the grant meets the enhanced standards in respect of
the provision of the service.

"(5) Subject to the regulations, if the Minister approves the making of a
grant of financial assistance to the State or eligible organisation the
Minister must:

   (a)  determine the amount of the financial assistance or the manner in
        which the amount of the financial assistance is to be calculated; and

   (b)  determine the time or times at which, and the instalments (if any) in
        which, the financial assistance is to be paid; and

   (c)  specify any other terms and conditions on which the financial
        assistance is granted.

"(6) Without limiting paragraph (5)(c), the Minister may specify terms and
conditions relating to any of the following matters:

   (a)  the purposes for which the financial assistance may be applied;

   (b)  the amounts to be applied for those purposes or any other purpose, and
        the source of amounts to be so applied;

   (c)  the outcomes to be achieved by persons included in the target group by
        the provision of the service, and the rights of those persons in
        relation to the provision of the service or otherwise;

   (d)  the furnishing of information;

   (e)  the provision of certificates with respect to the fulfilment of terms
        and conditions;

   (f)  the repayment of financial assistance;

   (g)  the giving of security for the fulfilment of terms and conditions;

   (h)  the use and disposal of, and the recovery of amounts that under the
        terms and conditions are taken as representing the Commonwealth's
        interest in:

        (i)    land acquired (with or without buildings); and

        (ii)   buildings acquired, erected, altered or extended; and

        (iii)  equipment acquired, altered or installed; as a result of the
               application of the financial assistance or of the financial
               assistance and other money.".