Commonwealth Numbered Acts

LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1995 No. 86, 1995 - SECT 11

11.(1) In this section:

"State" does not include the Australian Capital Territory.

(2) A State is not entitled to payment of an amount under section 9 in respect
of a year unless:

   (a)  there is a Local Government Grants Commission of the State; and

   (b)  the Commission has made recommendations with respect to the allocation
        of the amount among local governing bodies in the State; and

   (c)  the Commission:

        (i)    held public hearings (whether or not it also held private
               hearings) in connection with the recommendations; and

        (ii)   permitted or required local governing bodies in the State or
               associations of those bodies to make submissions to it in
               connection with the recommendations; and

   (d)  the Commission has made the recommendations:

        (i)    if the year is the year beginning on 1 July 1995-in accordance
               with the principles that were applicable to the State under
               section 9 of the repealed Act in respect of the immediately
               preceding year or, if those principles have been modified under
               section 24, in accordance with those principles as so modified;
               or

        (ii)   if the year is a later year-in accordance with national
               principles in force under section 6 of this Act in respect of
               the later year or, if those principles have been modified under
               section 26 in relation to the State in respect of the later
               year, in accordance with those principles as so modified; and

   (e)  the relevant State Minister has given the Minister in writing
        particulars of the manner in which the State proposes to allocate the
        amount among local governing bodies in the State; and

   (f)  the Minister is satisfied that, in determining the manner in which the
        State proposes to allocate the amount among local governing bodies in
        the State, the State has adopted the recommendations of the
        Commission; and

   (g)  the State does not allocate the amount among local governing bodies in
        the State except in accordance with the proposed allocation or in
        accordance with that proposed allocation as altered with the agreement
        of the Minister.