An Act to approve an Agreement between the Commonwealth of Australia of the First Part, and the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania of the Second, Third, Fourth, Fifth, Sixth and Seventh Parts respectively; and for purposes connected therewith.
1 Name of Act and commencement
(1) This Act may be cited as the Financial Agreement Act 1944.(2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
2 Approval of Agreement
The Agreement made on the fifteenth day of November, one thousand nine hundred and forty-four, a copy of which is set forth in the Schedule, is approved.
3 Appropriation
(1) The Consolidated Revenue Fund is hereby appropriated to the extent necessary for the purpose of carrying out the Financial Agreement on the part of the State of New South Wales.(2) In this section, the Financial Agreement means the Agreement a copy of which is set forth in the Schedule to the Financial Agreement Ratification Act 1928, as varied prior to the date of commencement of this Act and as varied by the Agreement referred to in section 2 and the Agreement referred to in section 2 of the Financial Agreement (Decimal Currency) Act 1966 and the Agreement referred to in section 3 of the Financial Agreement (Amendment) Act 1976.s 3: Am 1966 No 39, sec 3 (1); 1976 No 35, sec 4.
The Schedule
(Section 2)
AGREEMENT made the fifteenth day of November, One thousand nine hundred and forty-four BETWEEN THE COMMONWEALTH OF AUSTRALIA (in this Agreement called “the Commonwealth”) of the first part, THE STATE OF NEW SOUTH WALES of the second part, THE STATE OF VICTORIA of the third part, THE STATE OF QUEENSLAND of the fourth part, THE STATE OF SOUTH AUSTRALIA of the fifth part, THE STATE OF WESTERN AUSTRALIA of the sixth part, and THE STATE OF TASMANIA of the seventh part (each of the parties of the second, third, fourth, fifth, sixth and seventh parts being in this Agreement referred to as a “State” and the expression “the States” hereinafter used meaning where the context so permits or requires all of such parties):
WHEREAS an Agreement (hereinafter referred to as “the Financial Agreement”) was made on the twelfth day of December, One thousand nine hundred and twenty-seven between the parties hereto with respect to the public debts of the States:
AND WHEREAS the Financial Agreement has been approved by the Parliaments of the Commonwealth and of the States:
AND WHEREAS the Financial Agreement has been varied by the following agreements made pursuant to Section 105A of the Constitution of the Commonwealth between the parties hereto, namely, an Agreement made the twenty-first day of July One thousand nine hundred and thirty-one a copy of which Agreement is set forth in the Schedule to the Debt Conversion Agreement Act 1931 of the Commonwealth, an Agreement made the twenty-second day of October One thousand nine hundred and thirty-one a copy of which Agreement is set forth in the Schedule to the Debt Conversion Agreement Act (No. 2) 1931 of the Commonwealth, and an Agreement made the third day of July One thousand nine hundred and thirty-four a copy of which Agreement is set forth in the Schedule to the Soldier Settlement Loans (Financial Agreement) Act 1935 of the Commonwealth (each of such Agreements being hereinafter referred to as an “Amending Agreement” and the expression “the Amending Agreements” hereinafter used meaning all of such Agreements):
AND WHEREAS the Amending Agreements have been severally approved by the Parliaments of the Commonwealth and of the States:
AND WHEREAS the Commonwealth and the States have agreed pursuant to Section 105A of the Constitution of the Commonwealth that the Financial Agreement as varied by the Amending Agreements shall be further varied as hereinafter provided:
NOW IT IS HEREBY AGREED as follows:
This Agreement shall come into force upon being authorized or approved by the Parliaments of the Commonwealth and of the States but not otherwise.1.
Clause 3 of Part I of the Financial Agreement is varied:2.(a) by inserting after sub-clause (b) the following sub-clause:The member representing the Commonwealth shall be the Chairman of the Loan Council;(ba)(b) by omitting from sub-clauses (g), (i), (j), (k) and (l) the phrases “for each financial year”, “for the year”, “for any year” and “for that year” (wherever occurring) and inserting in their stead the phrases “during each financial year”, “during the year”, “during any year” and “during that year” respectively;(c) by omitting from sub-clause (h) the words “for the year” (second occurring) and inserting in their stead the words “during the year”;(d) by inserting in paragraph (ii) of sub-clause (i) after the words “redemption of loans,” the words “or for the funding of revenue deficits or to meet revenue deficits, or any specified amount or class of expenditure which the Loan Council by unanimous decision declares shall not be included,”; and(e) by omitting from sub-clause (m) the words “other than the matters referred to in sub-clauses (h) and (j) of clause 3” and inserting in their stead the words “other than the matters in respect of which unanimous decision is required by sub-clauses (h), (i) and (j) of this clause”.
Clause 5 of Part I of the Financial Agreement is varied:3.(a) by omitting from the fifth paragraph the words “for the financial year” and inserting in their stead the words “during the financial year”; and(b) by adding at the end of the seventh paragraph the words “This paragraph shall not apply to or in respect of any of the loans referred to in sub-clause (ja) of clause 3 of Part III of this Agreement.”
Clause 6 of Part I of the Financial Agreement is varied by omitting from the fifth paragraph the words “for the financial year” and inserting in their stead the words “during the financial year”.4.
Clause 3 of Part III of the Financial Agreement is varied:5.(a) by omitting from sub-clause (e) the word and letter “and (j)” and inserting in their stead the letters and word “(j) and (ja)”;(b) by omitting from sub-clause (f) the word and letter “and (j)” and inserting in their stead the letters and word “(j) and (ja)”;(c) by inserting in sub-clause (j) after the words “In respect of any loan” the words “(except any of the loans referred to in sub-clause (ja) of this clause)”;(d) by inserting after sub-clause (j) the following sub-clause:(ja)In respect of loans raised by a State or by the Commonwealth for and on behalf of a State on the security of Commonwealth Treasury Bills to meet a revenue deficit accruing after 30th June 1927, and before 1st July 1935 (such loans being referred to in this sub-clause as ‘special deficit loans’), the Commonwealth and the State shall respectively in each year during the period commencing on 1st July next succeeding the date on which the loans are raised and ending on 30th June 1944, pay from revenue a sinking fund contribution at the rate of 5s. for each £100 of the total amount of the face values of the Commonwealth Treasury Bills which have been issued in respect of special deficit loans of that State and which are current on 30th June next preceding the commencement of the year in which the sinking fund contribution is payable.(1)(2)(i) The amount set out hereunder opposite the name of a State shall be applied by the National Debt Commission to the repurchase or redemption of securities issued in respect of special deficit loans of that State:
6.The variations made by paragraphs (a), (b) and (c) of clause 2, by paragraph (a) of clause 3, and by clause 4, of this Agreement shall come into force on the date on which this Agreement comes into force.(1)The variations made by paragraphs (d) and (e) of clause 2, by paragraph (b) of clause 3, and by paragraphs (a), (b) and (c) of clause 5, of this Agreement shall be deemed to have come into force on 1st July 1927.(2)Paragraph (1) of sub-clause (ja) of clause 3 of Part III of the Financial Agreement, inserted by clause 5 of this Agreement, shall be deemed to have come into force on 1st July 1927.(3)Paragraphs (2), (3), (4) and (5) of sub-clause (ja) of clause 3 of Part III of the Financial Agreement, inserted by clause 5 of this Agreement, shall be deemed to have come into force on 1st July 1944.(4)Sub-clause (r) of clause 3 of Part III of the Financial Agreement, inserted by clause 5 of this Agreement, shall come into force on the date on which this Agreement comes into force.(5)Sub-clause (s) of clause 3 of Part III of the Financial Agreement, inserted by clause 5 of this Agreement, shall be deemed to have come into force on 1st July 1937.(6)Sub-clause (t) of clause 3 of Part III of the Financial Agreement, inserted by clause 5 of this Agreement, shall be deemed to have come into force on 1st July 1927.(7)
7.The Financial Agreement as varied by clause 18 of the Amending Agreement made the third day of July, One thousand nine hundred and thirty-four and by clauses 2, 3, 4 and 5 of this Agreement is further varied:(1)(a) by the deletion of clause 7 of Part I and the whole of Part II (other than the heading “Part II”) therefrom;(b) by renumbering and relettering the provisions thereof in accordance with the numbering and lettering of the Agreement set out in the Schedule to this Agreement; and(c) by such variations of the provisions thereof as are consequential upon the variations effected by paragraphs (a) and (b) of this clause.The Agreement set out in the Schedule to this Agreement shall be taken to be the Financial Agreement as varied by clause 18 of the Amending Agreement made the third day of July One thousand nine hundred and thirty-four and by clauses 2, 3, 4 and 5 of this Agreement and sub-clause (1) of this clause.(2)
IN WITNESS whereof the Prime Minister of the Commonwealth of Australia and the Premiers of each of the States of New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania have signed this Agreement respectively for and on behalf of the Commonwealth of Australia and of the said States.
Signed by the Prime Minister of the Commonwealth of Australia for and on behalf of the said Commonwealth in the presence of— F. A. McLAUGHLIN. | } | JOHN CURTIN. |
Signed by the Premier of the State of New South Wales for and on behalf of the said State in the presence of— M. K. WEIR. | } | W. J. McKELL. |
Signed by the Premier of the State of Victoria for and on behalf of the said State in the presence of— A. T. SMITHERS. | } | A. A. DUNSTAN. |
Signed by the Premier of the State of Queensland for and on behalf of the said State in the presence of— E. A. CROSSER. | } | FRANK A. COOPER. |
Signed by the Premier of the State of South Australia for and on behalf of the said State in the presence of— R. R. STUCKEY. | } | T. PLAYFORD. |
Signed by the Premier of the State of Western Australia for and on behalf of the said State in the presence of— A. J. REID. | } | J. WILLCOCK |
Signed by the Premier of the State of Tasmania for and on behalf of the said State in the presence of— E. PARKES | } | ROBERT COSGROVE. |
THE SCHEDULE
THE FINANCIAL AGREEMENT*
AGREEMENT made the twelfth day of December One thousand nine hundred and twenty-seven BETWEEN THE COMMONWEALTH OF AUSTRALIA (in this Agreement called the Commonwealth) of the first part, THE STATE OF NEW SOUTH WALES of the second part, THE STATE OF VICTORIA of the third part, THE STATE OF QUEENSLAND of the fourth part, THE STATE OF SOUTH AUSTRALIA of the fifth part, THE STATE OF WESTERN AUSTRALIA of the sixth part, and THE STATE OF TASMANIA of the seventh part (each of the parties of the second, third, fourth, fifth, sixth, and seventh parts being in this Agreement referred to as a State and the expression “the States” hereinafter used meaning where the context so permits or requires all of such parties).
WHEREAS with a view to making provision for the adjustment of Commonwealth and State financial relations the general principle of a draft scheme was affirmed by a Conference of Commonwealth and State Ministers in Melbourne which commenced on the sixteenth day of June One thousand nine hundred and twenty-seven;
AND WHEREAS permanent effect cannot be given to the proposals contained in the said scheme unless the Constitution of the Commonwealth is altered so as to confer on the Parliament of the Commonwealth power to make laws for carrying out or giving permanent effect to such proposals;
AND WHEREAS pending the submission to the electors of a proposed law for the alteration of the said Constitution as aforesaid and in order to obtain immediately some of the advantages which would result from united action by adoption of the said scheme the Commonwealth and the States have agreed that for the period commencing on the first day of July One thousand nine hundred and twenty-seven and ending on the thirtieth day of June One thousand nine hundred and twenty-nine certain of the proposed provisions of the said scheme shall be temporarily adopted:
* This Agreement is a reprint of the Financial Agreement made the 12th December 1927, between the Commonwealth and the States, as varied by provisions of other Agreements made between the same parties, namely, by Clause 18 of an Agreement made the 3rd July 1934, and by Clauses 2, 3, 4 and 5, and sub-clause (1) of Clause 7, of an Agreement made the 15th November 1944.
The Financial Agreement is also affected by the following Agreements made between the Commonwealth and the States, namely, an Agreement made the 21st July 1931, and an Agreement made the 22nd October 1931, and by provisions, other than Clause 18, of the aforesaid Agreement made the 3rd July 1934, and by an Agreement made the 11th September 1928, between the Commonwealth and the State of Tasmania.
The variations made by the Agreement of the 15th November 1944 (other than those which are noted in the margin of this reprint as being effective from specified dates), came into force on the date on which that Agreement came into force.
PART I
This Agreement shall have no force or effect and shall not be binding on any party unless and until it is approved by the Parliaments of the Commonwealth and of the States.1.
DEFINITIONS
In this Agreement:2.“Net Public Debt of a State existing on 30th June 1927,” means in respect of each State the amount of debt set forth hereunder opposite to the name of that State, viz.:
AUSTRALIAN LOAN COUNCIL
3.(1)(a) There shall be an Australian Loan Council which shall consist of one representative of the Commonwealth who shall be:(i) the Prime Minister of the Commonwealth; orand one representative of each State who shall be:(ii) in the absence of the Prime Minister at any time from a meeting of the Council—a Minister nominated in writing by the Prime Minister,(iii) the Premier of that State; or(iv) in the absence of the Premier at any time from a meeting of the Council—a Minister nominated in writing by the Premier of that State.Provided that if, in the opinion of the Prime Minister or of any Premier of a State, special circumstances exist at any time which make it desirable so to do, the Prime Minister or the Premier, as the case may be, may nominate some other person to represent the Commonwealth or the State (as the case may be) as a member of the Loan Council.(b) Any nomination of a representative of a State shall be notified in writing by the Premier of the State to the Prime Minister.The member representing the Commonwealth on the Loan Council shall hold office during the pleasure of the Prime Minister of the Commonwealth and a member representing a State shall hold office during the pleasure of the Premier of the State which the member was appointed to represent.(2)The member representing the Commonwealth shall be the Chairman of the Loan Council.(3)A decision in which all the members for the time being of the Loan Council concur shall be a unanimous decision of the Loan Council notwithstanding any vacancy then existing in its membership.(4)A meeting of the Loan Council may at any time be convened by the member representing the Commonwealth, and shall be so convened upon the request of at least three members representing States.(5)A majority of the members of the Loan Council shall constitute a quorum of the Loan Council for the exercise of its powers at any meeting. Provided that:(6)(a) a member may at any time appoint in writing a deputy to act in his absence; and any deputy so appointed may in the absence of the member exercise all the powers and functions of the member and his presence shall be deemed the presence of the member; and(b) an absent member who has not appointed a deputy may vote by letter or by telegram, and in such case that member shall be counted as being present in relation only to the questions on which he has voted.The Loan Council may make rules of procedure including rules relating to places times, and notices of meetings, and conduct of business at meetings, and from time to time may alter such rules.(7)The Commonwealth and each State will from time to time, while Part III of this Agreement is in force, submit to the Loan Council a programme setting forth the amount it desires to raise by loans during each financial year for purposes other than the conversion, renewal or redemption of existing loans or temporary purposes. Each programme shall state the estimated total amount of such loan expenditure during the year, and the estimated amount of repayments which will be available towards meeting that expenditure. Any revenue deficit to be funded shall be included in such loan programme, and the amount of such deficit shall be set out. Loans for Defence purposes approved by the Parliament of the Commonwealth shall not be included in the Commonwealth’s loan programme or be otherwise subject to this Agreement.(8)If the Loan Council decides that the total amount of the loan programme for the year cannot be borrowed at reasonable rates and conditions it shall decide the amount to be borrowed during the year, and may by unanimous decision allocate such amount between the Commonwealth and the States.(9)If the members of the Loan Council fail to arrive at a unanimous decision under the last preceding subclause allocating the amount to be borrowed during any year, the amount to be borrowed during that year shall be allocated as follows:(10)(a) The Commonwealth shall, if it so desires, be entitled to have one-fifth or any less proportion of such amount allocated to the Commonwealth; and(b) Each State shall be entitled to have allocated to it a sum (being a portion of the balance of such amount) bearing to the balance of such amount the same proportion which the net loan expenditure of that State in the preceding five years bears to the net loan expenditure of all the States during the same period. Provided that any State may, if it so desires, have allocated to it a sum less than the sum to which it is entitled under this subclause or no sum, and that when a less sum or no sum has been allocated to any State or States in manner aforesaid the amount then remaining available for allocation shall be allocated to the other States in the proportion which the net loan expenditure of each of such other States in the preceding five years bears to the net loan expenditure of all such other States during the same period. For the purposes of this subclause net loan expenditure does not include expenditure for the conversion, renewal, or redemption of loans, or for the funding of revenue deficits or to meet revenue deficits, or any specified amount or class of expenditure which the Loan Council by unanimous decision declares shall not be included, but means the gross other loan expenditure of a State less any amounts of such expenditure repaid to the State other than moneys repaid to the State in manner stated in subclause (9) of clause 12 of this Agreement.If the total amount to be borrowed as aforesaid during any year is to be borrowed by means of more than one loan the Loan Council may by unanimous decision apportion between the Commonwealth and the States the amount to be borrowed by each such loan other than the loan by means of which the balance of the total amount to be borrowed as aforesaid during the year is borrowed.(11)If the members of the Loan Council fail to arrive at a unanimous decision under the last preceding sub-clause apportioning the amount to be borrowed as aforesaid by any loan the amount to be borrowed by that loan shall be apportioned between the Commonwealth and the States in proportion to the amount then to be borrowed as aforesaid for the Commonwealth and for each State during the year.(12)The Commonwealth and each State will also from time to time, while Part III of this Agreement is in force, submit to the Loan Council a statement setting out the amount it requires during each financial year for the conversion, renewal or redemption of existing loans.(13)(14)(a) If the members of the Loan Council fail to arrive at a unanimous decision on any matter other than the matters in respect of which unanimous decision is required by sub-clauses (9), (10) and (11) of this clause and sub-clause (2) of clause 4 of this Agreement, the matter shall be determined by a majority of votes of the members.(b) On every question for decision by the Loan Council the member representing the Commonwealth shall have two votes and a casting vote, and each member representing a State shall have one vote.A decision of the Loan Council in respect of a matter which the Loan Council is by this Agreement empowered to decide shall be final and binding on all parties to this Agreement.(15)In this clause the expressions “Prime Minister” and “Premier” include the persons for the time being respectively acting as such.(16)
FUTURE BORROWINGS OF COMMONWEALTH AND STATES
4.Except in cases where the Loan Council has decided under subclause (2) of this clause that moneys shall be borrowed by a State the Commonwealth, while Part III of this Agreement is in force, shall, subject to the decisions of the Loan Council and subject also to clauses 5 and 6 of this Agreement, arrange for all borrowings for or on behalf of the Commonwealth or any State, and for all conversions, renewals, redemptions, and consolidations of the Public Debts of the Commonwealth and of the States.(1)If at any time the Loan Council by unanimous decision so decides, a State may in accordance with the terms of the decision borrow moneys outside Australia in the name of the State, and issue securities for the moneys so borrowed. The Commonwealth shall guarantee that the State will perform all its obligations to bond holders in respect of the moneys so borrowed. For all the purposes of this Agreement, including the making of sinking fund contributions, the moneys so borrowed shall be deemed to be moneys borrowed by the Commonwealth for and on behalf of that State.(2)If any State after the 30th June 1927, and before this agreement has been approved by the Parliaments of the Commonwealth and of the States, has borrowed moneys in the name of the State and issued securities for the moneys so borrowed, such moneys shall for all the purposes of this Agreement, including the making of sinking fund contributions, be deemed to be moneys borrowed by the Commonwealth for and on behalf of that State.(3)While Part III of this Agreement is in force, moneys shall not be borrowed by the Commonwealth or any State otherwise than in accordance with this Agreement.(4)
BORROWING BY STATES
5.For any purpose (including the redemption of securities given or issued at any time for moneys previously borrowed or used in manner stated in this clause) a State may, while Part III of this Agreement is in force:(1)(a) Subject to any maximum limits decided upon by the Loan Council from time to time for interest, brokerage, discount and other charges, borrow moneys within the State from authorities, bodies, funds or institutions (including Savings Banks) constituted or established under Commonwealth or State law or practice and from the public by counter sales of securities, and(b) use any public moneys of the State which are available under the laws of the State.Any securities that are issued for moneys so borrowed or used shall be Commonwealth securities, to be provided by the Commonwealth upon terms approved by the Loan Council.(2)Where any such borrowing or use is solely for temporary purposes, the provisions of this Agreement, other than this clause, shall not apply.(3)Where any such borrowing or use is not solely for temporary purposes, and Commonwealth securities are issued in respect thereof, the moneys borrowed or used shall be deemed to be moneys borrowed by the Commonwealth for and on behalf of the State, and may be retained by the State. A State may convert securities given or issued at any time by that State for moneys previously borrowed or used in manner stated in this clause. New securities issued on any such conversion shall be Commonwealth securities to be provided by the Commonwealth upon terms approved by the Loan Council. The amount for which such new securities are issued shall be deemed to be moneys borrowed by the Commonwealth for and on behalf of the State.(4)If the moneys deemed under this clause to be moneys borrowed by the Commonwealth on behalf of a State, together with the amounts raised by the Commonwealth for and on behalf of the State exceed the total amount of loan moneys decided upon by the Loan Council as the moneys to be raised for and on behalf of the State during the financial year in which the money is deemed to be borrowed, the excess shall, unless the Loan Council otherwise decides, be deemed to be moneys received by the State in the following year on account of its loan programme for that year.(5)For the purposes of this clause counter sales of securities shall be deemed to mean sales of securities made at the offices of the State Treasury, and at such other places as may be decided upon by the Loan Council.(6)The Commonwealth shall not be under any obligation to make sinking fund contributions in respect of moneys borrowed or used pursuant to this clause to meet a revenue deficit of a State, but the provisions of sub-clause (10) of clause 12 of this Agreement shall apply respectively to all moneys borrowed or used for that purpose. This sub-clause shall not apply to or in respect of any of the loans referred to in sub-clause (11) of clause 12 of this Agreement.(7)Except in cases where the Loan Council has otherwise decided under sub-clause (2) of clause 4 of this Agreement a State shall not have the right to invite loan subscriptions by the issue of a public prospectus.(8)Notwithstanding anything contained in this Agreement, any State may use for temporary purposes any public moneys of the State which are available under the laws of the State, or may, subject to maximum limits (if any) decided upon by the Loan Council from time to time for interest, brokerage, discount and other charges, borrow money for temporary purposes by way of overdraft of fixed, special or other deposit, and the provisions of this Agreement other than this sub-clause shall not apply to such moneys.(9)
BORROWING BY COMMONWEALTH
6.For any purpose (including the redemption of securities given or issued at any time for moneys previously borrowed or used in manner stated in this clause) the Commonwealth may, while Part III of this Agreement is in force:(1)(a) Subject to any maximum limits decided upon by the Loan Council from time to time for interest, brokerage, discount and other charges, borrow moneys within the Commonwealth from authorities, bodies, funds or institutions (including Savings Banks) constituted or established under Commonwealth or State law or practice and from the public by counter sales of securities, and(b) use any public moneys of the Commonwealth which are available under the laws of the Commonwealth.Any securities that are issued for moneys so borrowed or used shall be Commonwealth securities, to be provided by the Commonwealth upon terms approved by the Loan Council.(2)Where any such borrowing or use is solely for temporary purposes, the provisions of this Agreement, other than this clause, shall not apply.(3)Where any such borrowing or use is not solely for temporary purposes, and Commonwealth securities are issued in respect thereof, the moneys borrowed or used may be retained by the Commonwealth. The Commonwealth may convert securities given or issued at any time by the Commonwealth for moneys previously borrowed or used in manner stated in this clause. New securities issued on any such conversion shall be Commonwealth securities to be provided by the Commonwealth upon terms approved by the Loan Council.(4)If the moneys so borrowed or used are not borrowed or used solely for temporary purposes and Commonwealth securities are issued in respect thereof, and such moneys, together with other moneys borrowed by the Commonwealth for and on behalf of the Commonwealth as part of the total amount of loan moneys decided upon by the Loan Council as the moneys to be raised for and on behalf of the Commonwealth during the financial year in which the securities are issued, exceed such total amount the excess shall unless the Loan Council otherwise decides be deemed to be moneys received by the Commonwealth in the following year on account of its loan programme for that year.(5)For the purposes of this clause counter sales of securities shall be deemed to mean sales of securities made at the offices of the Commonwealth Treasury, and at such other places as may be decided upon by the Loan Council.(6)Notwithstanding anything contained in this Agreement, the Commonwealth may use for temporary purposes any public moneys of the Commonwealth which are available under the laws of the Commonwealth or may, subject to maximum limits (if any) decided upon by the Loan Council from time to time for interest, brokerage, discount and other charges, borrow money for temporary purposes by way of overdraft or fixed, special or other deposit, and the provisions of this Agreement other than this sub-clause shall not apply to such moneys.(7)
(Repealed)7.
PART II
PART III
This Part of this Agreement shall not come into force or be binding upon any party hereto unless before the 1st July 1929, the Constitution of the Commonwealth has been altered in accordance with the proposals referred to in Part IV of this Agreement and a law of the Parliament of the Commonwealth has been made thereunder validating this Agreement, but shall come into full force and effect if and when before the said date the Constitution is so altered and this Agreement is so validated.8.
When this Part of this Agreement comes into force every matter or thing done and payment made under or in pursuance of Part II of this Agreement shall be deemed, so far as is practicable, to have been done or made under this Part of this Agreement to the same extent as if this Part had then in fact been in force, and all necessary adjustments shall be made in respect of moneys so paid in order to ensure that no party hereto shall be liable for or make double payments in respect of the same matter.9.
PERMANENT PROVISIONS
TAKING OVER STATES’ PUBLIC DEBTS
Subject to the provisions of this Part of this Agreement the Commonwealth will take over on the 1st July 1929:10.(i) the balance then unpaid of the gross public debt of each State existing on 30th June 1927; andand will in respect of the debts so taken over assume as between the Commonwealth and the States the liabilities of the States to bondholders.(ii) all other debts of each State existing on the 1st July 1929 for moneys borrowed by that State which by this Agreement are deemed to be moneys borrowed by the Commonwealth for and on behalf of that State—
PAYMENT OF INTEREST
11.Subject to this clause the Commonwealth will pay to bondholders from time to time interest payable on the Public Debts of the States taken over by the Commonwealth as aforesaid other than debts due by the States to the Commonwealth.(1)The Commonwealth will in each year during the period of 58 years, commencing on 1st July 1927 provide by equal monthly instalments the following amounts in respect of each State as shown hereunder towards the interest payable by that State:(2)
SINKING FUNDS
12.A sinking fund at the rate of 7s. 6d. per annum for each £100 of the net public debts of the States existing on 30th June 1927 shall be established in the manner hereinafter set forth.(1)During the period of fifty-eight years commencing on the 1st July 1927, the Commonwealth shall pay from revenue annually a sinking fund contribution at the rate of 2s. 6d. for each £100 of the net public debts of the States existing on 30th June 1927, and each State (other than the State of New South Wales) shall in each year during the said period pay from revenue a sinking fund contribution at the rate of 5s. for each £100 of the net public debt of such State existing on 30th June 1927. The State of New South Wales during the period of fifty-eight years commencing on the 1st July 1928 shall in each year pay from revenue a sinking fund contribution at the rate of 5s. for each £100 of the net public debt of that State existing on 30th June 1927.(2)Where in respect of any debt included in the gross Public Debt of a State existing at the 30th June 1927, there is under laws or contracts existing at that date an obligation to provide a sinking fund at a rate in excess of 7s. 6d. per annum for each £100, any amount to be so provided in excess of 7s. 6d. per annum for each £100 shall be provided out of the National Debt Sinking Fund, established under the laws of the Commonwealth. Provided that if any law imposing such an obligation is repealed or is amended so as to reduce the rate of sinking fund to be provided the only amount (if any) to be provided out of the National Debt Sinking Fund pursuant to this subclause in respect of that debt shall as from the date of such repeal or amendment be the amount (if any) by which the reduced rate of sinking fund for the time being exceeds 7s. 6d. per annum for each £100.(3)When a loan is issued for the conversion, renewal, or redemption of any debt of a State included in the gross Public Debt of that State existing on 30th June 1927, the only sinking fund contributions to be made by the Commonwealth and that State in respect of the debt so converted, renewed, or redeemed shall be sinking fund contributions at the same rate and for the same period and upon the same amount as if such debt had not been converted, renewed, or redeemed.(4)Subject to sub-clauses (8), (10) and (11) of this clause a sinking fund at the rate of 10s. per annum for each £100 of the amount of each new loan raised by a State or by the Commonwealth for and on behalf of a State after 30th June 1927 shall be established.(5)Subject to sub-clauses (8), (10) and (11) of this clause, in each year during the period of fifty-three years from the date of the raising after 30th June 1927, of any new loan by a State or by the Commonwealth for and on behalf of a State the Commonwealth and that State shall each pay from revenue a sinking fund contribution of a sum equal to 5s. for each £100 of the amount of the new loan.(6)Provided that the period of fifty-three years during which the State of New South Wales shall make sinking fund contributions in respect of new loans raised in the financial year beginning on the 1st July 1927 shall commence on the 1st July 1928.For the purpose of the last two preceding sub-clauses a loan issued after the 30th June 1927 to meet a revenue deficit which accrued on or before that date shall be deemed to be a new loan, but a loan issued for the conversion, renewal or redemption of a debt shall not be deemed to be a new loan, and where a loan is issued partly for the conversion, renewal, or redemption of a debt and partly for other purposes so much only of the loan as has been issued for other purposes, shall be deemed to be a new loan.(7)Where it is agreed between the Commonwealth and a State that a loan or any portion of a loan raised after 30th June 1927, and expended or to be expended upon wasting assets should be redeemed within a shorter period than fifty-three years, the annual sinking fund contributions of the State in respect of that loan or the portion thereof, shall be increased to an amount which with the sinking fund contributions of the Commonwealth in respect of that loan or the portion thereof will provide for the redemption of that loan or the portion thereof within such shorter period. All sinking fund contributions of the State in respect of that loan or the portion thereof shall cease on the expiration of the shorter period, but the Commonwealth contributions in respect of that loan shall continue for the remainder of the period of fifty-three years from the date of the raising of that loan, and during such remainder of the period the State contributions to the sinking fund in respect of other loans of that State shall be reduced by the amount of the Commonwealth contributions during that remainder of the period in respect of such redeemed loan or the portion thereof. For the purposes of this sub-clause the sinking fund contributions of the Commonwealth and the State shall be deemed to accumulate at the rate of 4½ per centum per annum compounded.(8)Where loan moneys have been advanced by a State under terms providing for the repayment of such moneys the State shall as and when such moneys are repaid pay such moneys either to the State Loan Fund or to the account or fund from which such moneys were advanced, or to the sinking fund and shall in addition make from revenue its sinking fund contributions in respect of the loan or loans from which the moneys so advanced were provided. Provided that when loan moneys have been advanced by a State to a Public or Local Authority or body constituted by the State or under the laws of the State and the Authority or body repays such moneys out of its revenue the State may out of moneys so repaid make its sinking fund contributions in respect of the loan moneys so advanced.(9)In respect of any loan (except any of the loans referred to in sub-clause (11) of this clause) raised after the 30th June 1927 by a State or by the Commonwealth for and on behalf of a State to meet a revenue deficit accruing after that date no sinking fund contribution shall be payable by the Commonwealth, but that State shall for a period sufficient to provide for the redemption of that loan pay from revenue in each year during such period a sinking fund contribution at a rate of not less than 4 per centum per annum of the amount of that loan. For the purposes of this sub-clause the sinking fund contributions of the State shall be deemed to accumulate at the rate of 4½ per centum per annum compounded.(10)(11)(a) In respect of loans raised by a State or by the Commonwealth for and on behalf of a State on the security of Commonwealth Treasury Bills to meet a revenue deficit accruing after 30th June 1927, and before 1st July 1935 (such loans being referred to in this sub-clause as “special deficit loans”), the Commonwealth and the State shall respectively in each year during the period commencing on 1st July next succeeding the date on which the loans are raised and ending on 30th June 1944, pay from revenue a sinking fund contribution at the rate of 5s. for each £100 of the total amount of the face values of the Commonwealth Treasury Bills which have been issued in respect of special deficit loans of that State and which are current on 30th June next preceding the commencement of the year in which the sinking fund contribution is payable.(b)(i) The amount set out hereunder opposite the name of a State shall be applied by the National Debt Commission to the repurchase or redemption of securities issued in respect of special deficit loans of that State:
TRANSFERRED PROPERTIES
It is agreed that all questions between the Commonwealth and the States relating to State properties transferred to the Commonwealth or acquired by the Commonwealth under section 85 of the Constitution shall be settled as follows:13.(a) The States will as from 1st July 1929, and as between the Commonwealth and the States be completely free and discharged from all liability whether in respect of principal, interest or sinking fund, or otherwise, which liability shall be assumed by the Commonwealth in respect of so much of the public debts of the States bearing interest at the rate of 5 per centum per annum, taken over by the Commonwealth as aforesaid as amounts to the agreed value of transferred properties, namely £10,924,323, apportioned to the several States as follows:
PART IV
MISCELLANEOUS
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EXPENSES OF LOAN FLOTATION
14.Each State shall repay to the Commonwealth all expenses incurred or payments made by the Commonwealth in the performance of this Agreement in relation to the State, including the following expenses and payments:(1)(a) Loan flotation charges;(b) Management charges;(c) Stamp duties on transfer of securities;(d) Commission on payment of interest;(e) Expenses incurred in the conversion renewal redemption or consolidation of loans;(f) Exchange on transference of moneys.Unless it is otherwise agreed between the Commonwealth and a State, the Commonwealth will not do anything in connexion with a loan of that State existing on the 30th June 1927, or raised thereafter pursuant to this Agreement, which, if done by that State, would be a breach of any now existing agreement by that State with any Bank.(2)A certificate by the Auditor-General of the Commonwealth stating the amount to be repaid by a State to the Commonwealth and the matter in respect of which the repayment is to be made, shall, in the event of a dispute, be conclusive as to the amount and matter stated.(3)
ALTERATION OF THE CONSTITUTION*
The Commonwealth will take the necessary action to submit to the Parliament of the Commonwealth and to the electors proposals for the alteration of the Constitution of the Commonwealth in the following form:15.“105A.The Commonwealth may make agreements with the States with respect to the public debts of the States, including:(1)(a) the taking over of such debts by the Commonwealth;(b) the management of such debts;(c) the payment of interest and the provision and management of sinking funds in respect of such debts;(d) the consolidation, renewal, conversion, and redemption of such debts;(e) the indemnification of the Commonwealth by the States in respect of debts taken over by the Commonwealth; and(f) the borrowing of money by the States or by the Commonwealth or by the Commonwealth for the States.The Parliament may make laws for validating any such agreement made before the commencement of this section.(2)The Parliament may make laws for the carrying out by the parties thereto of any such agreement.(3)Any such agreement may be varied or rescinded by the parties thereto.(4)Every such agreement and any such variation thereof shall be binding upon the Commonwealth and the States parties thereto, notwithstanding anything contained in this Constitution or the constitution of the several States or in any law of the Parliament of the Commonwealth or of any State.(5)The powers conferred by this section shall not be construed as being limited in any way by the provisions of section 105 of this Constitution.”(6)* The proposals contained in clause 15 were submitted to the Parliament of the Commonwealth and to the electors and were approved in accordance with the Constitution of the Commonwealth. The law embodying the proposals became operative on 13th February 1929 (Constitution Alteration (State Debts), No. 1 of 1929).
INDEMNITY
Each State agrees with the Commonwealth that it will by the faithful performance of its obligations under this Agreement indemnify the Commonwealth against all liabilities whatsoever in respect of the public debt of that State taken over by the Commonwealth as aforesaid (other than the liabilities of the Commonwealth under this Agreement to pay interest and to make sinking fund contributions and under Clause 13 of this Agreement), and in respect of all loans of that State in respect of which this Agreement provides that sinking fund contributions shall be made.16.
ACCOUNTS
Separate accounts shall be kept by the Commonwealth for each State in respect of Debt, Interest, and Sinking Funds.17.