Commonwealth Numbered Acts

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LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1986 No. 79, 1986 - SECT 8

Adjustment consequential on difference between estimated and final factor
8. (1) If the final factor for a year to which this Act applies exceeds the
estimated factor for that year, each State is entitled, in addition to the
payment to which it is entitled under section 7 in respect of that year, to
the payment, in respect of that year, by way of financial assistance for local
government purposes, of the amount ascertained by deducting the amount of the
payment to which the State is entitled under section 7 in respect of that year
from the amount of the payment to which it would have been entitled under that
section if the amount of that payment had been calculated using the final
factor for that year.

(2) In addition to any other conditions to which a payment under this Act is
subject, payment of an amount to a State under this Act is subject to the
condition that, if the final factor for a year to which this Act applies is
less than the estimated factor for that year, the State will pay to the
Commonwealth the amount ascertained by deducting the amount of the payment to
which the State would have been entitled under section 7 if the amount of that
payment had been calculated using the final factor for that year from the
amount of the payment to which it is entitled under that section in respect of
that year.

(3) Where an amount is payable to a State in respect of a year under
sub-section (1), that amount may be paid to the State together with the
payment to which the State is entitled under section 7 in respect of the
following year.

(4) Where a State is liable to pay an amount to the Commonwealth under
sub-section (2), the amount may be deducted from any other amount that is
payable to the State under this Act, and where an amount is so deducted, an
amount equal to the amount so deducted shall, notwithstanding the deduction,
be deemed, for the purposes of this Act, to have been paid in full to the
State.

(5) An amount payable by a State to the Commonwealth under sub-section (2)
shall be paid on or before such date as the Minister, by notice in writing
given to the Treasurer of the State, determines. 


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