Commonwealth Numbered Acts

LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1995 No. 86, 1995 - SECT 10

10.(1) This section applies to a State in respect of a year (the "current
year") if the amount worked out under subsection 9(1) (the " preliminary grant
amount") in relation to the State in respect of the current year is greater or
less than:

   (a)  if the current year is the year beginning on 1 July 1995, the amount
(the "final grant amount") worked out using the formula:
Initial amount - Relevant final factor - Population of the State
or Population of Australia;
(b) if the current year is a later year, the amount (the "final grant amount")
worked out using the formula:
Previous year base figure - Relevant final factor - Population of the
State Population of Australia where:

"Relevant final factor" means the final factor for the current year;

"Population of the State" means the population of the State on 31 December in
the year immediately before the current year as set out in an estimate of that
population on that date made by the Statistician;

"Population of Australia" means the total population of all the States on 31
December in the year immediately before the current year as set out in an
estimate of that population on that date made by the Statistician;

"Previous year base figure" means the base figure for the year immediately
before the current year.
Note 1: For "initial amount" and "final factor" see subsection 4(2).
Note 2: For "base figure" see subsection 4(1).

(2) The Statistician, in making an estimate for the purposes of this section
of the population of a State, must have regard to the latest statistics in
relation to the population available to the Statistician on the day on which
the estimate is made.

(3) The Minister must, as soon as practicable after the Statistician makes an
estimate of the population of each State for the purposes of this section,
cause to be given to the Treasurer of each State a written notice setting out
the population of the State and the total population of all the States.

(4) If the final grant amount for a State in respect of a year exceeds the
preliminary grant amount for the State in respect of the year, the State is
entitled, in addition to the payment to which it is entitled under section 9
in respect of the year, to the payment in respect of the year, by way of
financial assistance for local government purposes, of an amount equal to the
excess.

(5) 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 grant amount for the State in respect of a year is
less than the preliminary grant amount for the State in respect of the year,
the State will pay to the Commonwealth an amount equal to the difference.

(6) If an amount is payable to a State under subsection (4) in respect of a
year, the amount is to be paid to the State in the following year by equal
quarterly instalments at the times when instalments to which the State is
entitled under section 9 in respect of the following year are paid.

(7) If a State is liable to pay an amount to the Commonwealth under subsection
(5) in respect of a year, one-quarter of the amount is to be deducted from
each quarterly instalment that, apart from this subsection, would be payable
to the State under section 9 in respect of the following year.