Commonwealth Numbered Acts

LOCAL GOVERNMENT (FINANCIAL ASSISTANCE) ACT 1995 No. 86, 1995 - SECT 4

4.(1) In this Act:

"base figure" means:

   (a)  in relation to the year beginning on 1 July 1995, the amount worked
        out using the formula:
Initial amount - Relevant final factor where:

"Initial amount" has the meaning given by subsection (2);

"Relevant final factor" means the final factor for the year; or
(b) in relation to a later year (the "current year"), the amount worked out
using the formula:
Previous year base figure - Relevant final factor where:

"Previous year base figure" means the base figure for the year immediately
before the current year;

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

(2) In this Act, unless the contrary intention appears:

"additional previous year funding amount", in relation to a State for a year
(the "current year") means:

   (a)  if the current year is the year beginning on 1 July 1995:

        (i)    in relation to a State other than the Australian Capital
               Territory-the amount that would have been payable to the State
               under section 10A of the repealed Act for the year immediately
               preceding the current year if the amount had been calculated
               using the final factor within the meaning of that Act for that
               preceding year instead of the estimated factor for that
               preceding year; or

        (ii)   in relation to the Australian Capital Territory-an amount
               determined by the Treasurer in writing; or

   (b)  if the current year is a later year-the amount that would have been
        payable to the State under section 12 of this Act for the year
        immediately preceding the current year if the amount had been
        calculated using the final factor for that preceding year instead of
        the estimated factor for that preceding year;

"estimated additional previous year funding amount", in relation to a State
for a year, means the amount estimated under subsection 7(4) or (5), as the
case may be, in relation to the State for the year;

"estimated factor", in relation to a year, means the factor estimated under
subsection 7(3) in relation to the year;

"estimated initial amount" means the amount estimated under subsection  7(1) ;

"final factor", in relation to a year, means the factor worked out under
section 8 in relation to the year;

"initial amount" means the sum of:

   (a)  the amount that would have been the base figure under the repealed Act
        for the year that began on 1 July 1994 if that amount had been
        calculated using the final factor within the meaning of that Act for
        that year instead of the estimated factor; and

   (b)  an amount determined by the Treasurer in writing to be the amount by
        which the amount referred to in paragraph (a) would have been
        increased if the Australian Capital Territory had been a State for the
        purposes of the repealed Act;

"local governing body" means:

   (a)  a local governing body established by or under a law of a State, other
        than a body whose sole or principal function is to provide a
        particular service, such as the supply of electricity or water; or

   (b)  a body declared by the Minister, on the advice of the relevant State
        Minister, by notice published in the Gazette, to be a
        local governing body for the purposes of this Act;

"Local Government Grants Commission", in relation to a State, means the body
named in a declaration in force under section 5 as the Local Government Grants
Commission of the State;

"relevant State Minister" means:

   (a)  in relation to, or in relation to a body in, a State (other than the
        Australian Capital Territory)-the Minister of the State who is for the
        time being responsible for the administration of the law of the State
        that establishes the Local Government Grants Commission of the State;
        or

   (b)  in relation to, or in relation to a body in, the Australian Capital
        Territory:

        (i)    subject to subparagraph (ii), the Minister for Urban Services
               of the Territory; or

        (ii)   if another Minister of the Territory is prescribed by the
               regulations for the purposes of this paragraph-that other
               Minister;

"repealed Act" means the Local Government (Financial Assistance) Act 1986;

"State" includes the Australian Capital Territory and the Northern Territory;

"Statistician" means the Australian Statistician;

"year" means the financial year beginning on 1 July 1995 or a later financial
year.

(3) The Treasurer has power to make written determinations for the purposes of
this Act.

(4) The Minister has power to make declarations for the purposes of
paragraph (b) of the definition of "local governing body" in subsection (2).