{"id":"nsw:act-1957-001","name":"Capital Debt Charges Act 1957","slug":"capital-debt-charges-act-1957","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"1 of 1957","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111223,"registerId":"nsw-act-1957-001-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Capital Debt Charges Act 1957](/view/html/inforce/current/act-1957-001).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Act unless the context or subject-matter otherwise indicates or requires:\n> \n> Authority means a body corporate, corporation sole or Minister of the Crown named in the second column of the Schedule.\n> \n> Loan liability means any amount on which interest is payable to the Treasurer in pursuance of any of the Acts specified in the third column of the Schedule, and in respect of the State Mines Control Authority includes any amount advanced by the Treasurer to that Authority.\n> \n> Treasurer means the Colonial Treasurer.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"This Act to prevail over inconsistent provisions","content":"#### 3 This Act to prevail over inconsistent provisions\n\n3 This Act to prevail over inconsistent provisions\n\n> Where the provisions of this Act are inconsistent with the provisions of any of the Acts specified in the third column of the Schedule the provisions of this Act shall prevail.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Payment of interest, sinking fund charges etc in respect of loan liabilities of certain authorities","content":"#### 4 Payment of interest, sinking fund charges etc in respect of loan liabilities of certain authorities\n\n4 Payment of interest, sinking fund charges etc in respect of loan liabilities of certain authorities\n\n> > (1) Each authority named in the second column of the Schedule shall, as from the date set out in the first column of the Schedule opposite to the name of such authority, pay to the Treasurer in respect of its loan liability such amounts for interest, exchange, sinking fund contributions, flotation expenses, discount, loan management expenses and other charges as the Treasurer may from time to time determine:\n> > \n> > Provided that the amounts so determined in any year shall, unless the Treasurer otherwise directs, be the amounts chargeable in that year.\n> \n> > (2) Without otherwise limiting the Treasurer’s power of determination the amounts so determined under subsection (1) shall not exceed the amounts which the Treasurer calculates as being the amounts which shall approximately recoup the State for interest, exchange, sinking fund contributions, flotation expenses, discount, loan management expenses and other charges paid or payable by the State in respect of the loan liability of such authority.\n> \n> > (3) Payments in accordance with the provisions of subsection (1) shall be made in such amounts and at such times as the Treasurer may from time to time direct.","sortOrder":3},{"sectionNumber":"sch","sectionType":"schedule","heading":null,"content":"# sch\n\nSchedule\n\n(Sections 3 and 4)\n\n| First Column | Second Column | Third Column |\n| 1st November 1956 | Grain Handling Authority of New South Wales. | Grain Handling Act 1954. |\n| 1st July 1956 | The Metropolitan Meat Industry Board. | Meat Industry Act 1915, as amended. |\n| 1st April 1957 | The Minister of the Crown administering the State Brickworks Act 1946. | State Brickworks Act 1946. |\n| 1st July 1956 | The State Mines Control Authority. | State Coal Mines Act 1912, as amended. |\n| The date upon which the State Development and Industries Assistance Act 1966 commences. | The Minister, as a corporation sole, constituted by subsection (1) of section 9 of the State Development and Industries Assistance Act 1966. | State Development and Industries Assistance Act 1966. |\n| The day that is three months after the appointed day within the meaning of the Teacher Housing Authority Act 1975. | Teacher Housing Authority of New South Wales. | Teacher Housing Authority Act 1975. |\n| The day that is three months after the appointed day within the meaning of the Public Servant Housing Authority Act 1975. | Public Servant Housing Authority of New South Wales. | Public Servant Housing Authority Act 1975. |\n| The day appointed and notified under section 2 (2) of the Tourism Commission Act 1984. | Tourism Commission of New South Wales. | Tourism Commission Act 1984. |\n\n**Sch:** Am 1966 No 10, sec 38; 1970 No 26, sec 8; 1975 No 27, Sch; 1975 No 38, Sch; 1976 No 58, sec 32; 1980 No 109, sec 3; 1980 No 178, sec 3; 1984 No 47, sec 3; 1987 No 24, Sch 1; 1987 No 51, Sch 1; 1988 No 114, Sch 4; 1991 No 53, Sch 1; 1994 No 88, Sch 7; 1995 No 13, Sch 4; 1995 No 18, Sch 5; 1995 No 95, Sch 4; 1997 No 114, sec 8; 1999 No 31, Sch 3.4; 2011 No 27, Sch 2.6.","sortOrder":4}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1957 scope. Originally covering just four authorities (Grain Handling Authority, Metropolitan Meat Industry Board, State Brickworks Minister, and State Mines Control Authority), the Schedule has been amended at least 16 times to add new bodies including the State Development Minister (1966), Teacher Housing Authority (1975), Public Servant Housing Authority (1975), and Tourism Commission (1984). The amendment history shows the Act has become a generic mechanism for applying capital debt charges to new statutory authorities as they are created, transforming it from specific legislation for particular industries into a general-purpose debt recovery framework for NSW government bodies."},"complexity_factors":["Only 3 defined terms in section 2 ('Authority', 'Loan liability', 'Treasurer')","Single operative provision (section 4) with straightforward payment mechanism","No nested exceptions or complex conditional logic — just a simple cap in subsection (2) limiting charges to approximate cost recovery","Schedule-based approach listing affected bodies in a table format","Minimal cross-referencing (only internal references to the Schedule and a general override clause in section 3)","Short total length (approximately 400 words of substantive text)"],"plain_english_summary":"This law sets up a system where certain New South Wales government bodies and ministers must pay back the costs of loans they've taken from the state.\n\n**What it does:**\n- Requires specific government authorities (like the Grain Handling Authority, State Mines Control Authority, and others listed in the Schedule) to make payments to the Treasurer for money they've borrowed\n- These payments cover interest, exchange rate costs, sinking fund contributions (money set aside to repay the loan principal), and various administrative expenses related to the loans\n- The Treasurer decides how much each authority pays, but generally can't charge them more than what the state actually pays for those loans\n\n**Who it affects:**\n- Government authorities listed in the Schedule (originally four bodies in 1957, expanded over time to include housing authorities, tourism bodies, and development corporations)\n- The Treasurer (originally called the 'Colonial Treasurer' — an old term from before Australia became fully independent)\n\n**Why it matters:**\nThis ensures that when government businesses or statutory authorities borrow money through the state, they bear the actual costs rather than the general taxpayer. It creates a 'user pays' system for government debt, making sure these bodies are financially accountable for their borrowing decisions."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's operative coverage has been altered over time through amendments to the Schedule (see Schedule amendment notes). Those additions and varied commencement dates have expanded and staggered which authorities are obliged to pay and when the obligations begin, so the set of affected entities has changed since original enactment."},"complexity_factors":["Treasurer has broad discretion to determine amounts and timing of payments (section 4(1) and 4(3)), creating administrative flexibility and uncertainty for payers.","Cap expressed as an approximate recoupment calculation (section 4(2)) is imprecise and requires Treasury calculation methodology.","Supremacy clause (section 3) overrides inconsistent provisions in Acts listed in the Schedule, affecting interactions with other statutes.","Scope is set by a Schedule that ties authorities to different commencement dates and Acts, producing staggered and heterogeneous application.","Definition of 'loan liability' includes specific, authority‑limited inclusions (notably for the State Mines Control Authority), creating asymmetry between entities.","Compliance and collection mechanics are left to Treasurer direction, increasing administrative burden on named authorities and requiring internal Treasury procedures."],"plain_english_summary":"This Act requires the public authorities listed in its Schedule to pay the Treasurer amounts to cover interest, sinking funds, flotation and other loan-related charges on their loan liabilities. The Treasurer decides the amounts and timing (subject to a limit that they not exceed what the Treasurer calculates will “approximately recoup” the State), so the named authorities bear loan‑servicing costs and must follow Treasurer directions."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent, as the substantive text of the Act was not provided. The Act has been in force with minimal amendment since 1957, with the last recorded change in 2011, suggesting it has remained relatively stable in purpose."},"complexity_factors":["Insufficient legislative content provided — only website metadata and navigation elements were included, not the operative provisions of the Act","The title suggests technical government accounting/finance concepts (capital debt charges) which would ordinarily add complexity","Score reflects inability to assess true complexity due to missing content, defaulting to low score given the likely narrow, administrative nature of the Act based on its title and age"],"plain_english_summary":"The Capital Debt Charges Act 1957 (NSW) is a state law, administered by the Treasurer, that governs how costs of government borrowing for capital projects (capital debt charges) are handled—likely covering their accounting, allocation or recovery.  \n\nIt has been in force since 1957, last substantively updated in July 2011, and primarily affects NSW Treasury, government agencies and public entities that incur or manage capital debt."}},"importantCases":[],"_links":{"self":"/api/acts/capital-debt-charges-act-1957","history":"/api/acts/capital-debt-charges-act-1957/history","analysis":"/api/acts/capital-debt-charges-act-1957/analysis","conflicts":"/api/acts/capital-debt-charges-act-1957/conflicts","importantCases":"/api/acts/capital-debt-charges-act-1957/important-cases","documents":"/api/acts/capital-debt-charges-act-1957/documents"}}