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Wednesday, 16 March 1932

I, Charles John Cerbutty, the Auditor-General for the Commonwealth, do hereby, in pursuance of a request, dated the fourteenth day of March, 1932, made to me by the Treasurer of the Commonwealth under section five of the Financial Agreements Enforcement Act 1932, certify -

(1)   that on amount of nine hundred and twenty-four thousand and eighty-two pounds three shillings and fourpence (£924,082 3s. 4d.) is due and payable and unpaid by the State of New South Wales to the Commonwealth under or by virtue of the Agreements contained in the Schedules to the Financial Agreement Validation Act 1929, the Debt Conversion Agreement Act 1931 and the Debt Conversion Agreement Act (No. 2) 1931 ; and

 

 

Dated this fifteenth day of March, One thousand nine hundred and thirty-two.

C.   J. CERUTTY,

Auditor-General for the Commonwealth.

(1)   the certificate be approved and adopted ; and

(2)   by reason of urgency it is desirable that the provisions of sections seven to thirteen (inclusive) of Part II. of the said Act -

(a)   should apply immediately in relation to the State of New South Wales (being the State to which the said certificate relates) ; and,

(b)   in order to protect the interests of the Commonwealth until the question of the liability of the said State has been determined by the High Court pursuant to an application under section six of the said Act, should have effect with respect to the following classes of revenue of the said State, namely : -

(i)   revenue from taxation on or in relation to betting (other than stamp duties on betting tickets) and from taxation imposed on racing clubs and associations and bookmakers ;

(ii)   revenue from taxation upon payments for admission to racecourses ;

(iii)   revenue from taxation imposed on or in relation to totalisators ;

(iv)   revenue from taxation on or in relation to the holding of, or admission to, any entertainment, or of or to anything in the nature of an entertainment ;

(v)   revenue from taxation upon incomes (but not including revenue from taxation imposed by the Unemployment Belief Tax Act 1931 of the State of New South Wales) ;

(vi)   revenue from taxation imposed on or in relation to motor vehicles ;

(vii)   revenue from any lottery conducted by or under the authority of the State but not including any sums required for the payment of prizes ;

(viii)   revenue from taxation imposed upon incomes for the purpose of the relief of unemployment ; to the extent of the amount set forth in the said certificate.

As the debate on the motion for the suspension of the Standing Orders was concluded suddenly, I had no opportunity to reply to the complaint of honorable members that their rights had been infringed by the moving of that motion. I had no desire whatever to trespass on the rights of any honorable member, but

I remind the House that it was indicated clearly yesterday that the Government desired the Broadcasting Bill, and the resolution which I have just moved, to be passed before the Ea3ter adjournment. I assure honorable members that it was impossible for me to give notice of this motion yesterday, because the information on which it is based was not then all available. In any case, the Parliament having so recently passed the Pinanci.il Agreements Enforcement Act, was aware that the subject with which it dealt would require urgent attention. In view of the continued default by the New South Wales Government, the Commonwealth Government feels compelled to intervene at this stage, and to begin the course of action necessary to enable it to recover from the New South Wales Government the amounts which have been paid on behalf of that State, lt was necessary that the debate on the motion for the suspension of the Standing Orders should be concluded before 1 o'clock, otherwise the orders of the day would have been called on, and our whole procedure dislocated.

As honorable members know, the Financial Agreements Enforcement Act, which was passed last week, was assented to on Saturday. On Monday last, as Treasurer of the Commonwealth, I made a request to the Auditor-General for a certificate setting out the amount then due and payable and unpaid by New South Wales, under or by virtue of the Financial Agreements. That request was made in accordance with the provisions of section 5, sub-section 1, of the act. Yesterday the Auditor-General furnished a certificate that an amount of £924,0S2 3s. 4d. is due and payable and unpaid by the State of New South Wales under or by virtue of the Financial Agreements.

In accordance with the requirements of sub-section 2 of section 5 of the act, a copy of that certificate was published in the Gazette yesterday. The Government is now taking the next step provided for under the act, and is asking both Houses of the Parliament to pass a resolution approving and adopting the certificate of the Auditor-General, and providing that, by reason of urgency, the provisions of sections 7 to 13 inclusive of the act, shall apply immediately in relation to New

South Wales, and shall have effect with respect to the particular classes of revenue set out in the motion.

The motion has been moved in pursuance of section 6 of the act, which sets out the procedure in a case of urgency. There can be no doubt that a position of urgency has already arisen, in view of the fact that the default of New South Wales i3 now practically £1,000,000.

On Monday last I forwarded a copy of the act to the Premier of New South Wales, and invited his attention to its provisions.


Mr Gander - He attended to it on Saturday.







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