{"id":"interest-on-crown-advances-and-leases-act-1944","name":"Interest on Crown Advances and Leases Act 1944","slug":"interest-on-crown-advances-and-leases-act-1944","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105568,"registerId":"sa-interest-on-crown-advances-and-leases-act-1944-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Interest on Crown Advances and Leases Act 1944","content":"South Australia\nInterest on Crown Advances and Leases Act 1944\nAn Act to empower the Treasurer to vary the rates of interest payable in respect of advances and loans made by the Crown and to vary the rates of interest with respect to which the rents or instalments payable under certain Crown leases and agreements for the sale and purchase of land of the Crown are fixed.\n\nContents\n1\tShort title\n2\tPower of Treasurer to fix rates of interest on Crown advances and loans\n3\tProvision as to interest rates applicable to Crown leases and agreements\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Interest on Crown Advances and Leases Act 1944.\n2—Power of Treasurer to fix rates of interest on Crown advances and loans\n\t(1)\tThe Treasurer may from time to time by notice published in the Gazette declare that the rate of interest which shall be payable upon advances or loans made under or pursuant to any Act by any Minister of the Crown, the State Bank of South Australia, or any Government instrumentality shall, from the day specified in the notice, be the rate fixed in the notice.\n\t(2)\tFrom the day specified in any notice given as aforesaid in respect of advances or loans made under any Act then, notwithstanding the provisions of that Act, the rate of interest which shall be payable upon any advance or loan to which the notice relates and made as aforesaid under that Act shall (whether or not the advance or loan was made before the publication of the notice) be the rate fixed in the notice.\n\t(3)\tIf any Act to which any such notice relates provides for the giving of a rebate of interest to persons who within a period provided by or pursuant to that Act pay the interest or instalments payable under advances or loans made under that Act, the Treasurer may from time to time by notice published in the Gazette declare that from the day specified in the notice the amount of the rebate shall be that specified in the notice. From the day specified as aforesaid the rebate of interest which shall be given pursuant to that Act in respect of the advances and loans to which the notice relates shall, notwithstanding the provisions of that Act, be that declared by the notice.\n\t(4)\tIf any Act to which any such notice relates provides that if interest on or instalments of advances or loans made under that Act are not paid within any period provided by or pursuant to that Act, a higher or additional rate of interest shall be payable, the Treasurer may from time to time by notice published in the Gazette declare that from the day specified in the notice the higher or additional rate of interest to be so payable shall be that specified in the notice. From the day specified as aforesaid the higher or additional rate of interest which shall be payable pursuant to that Act in respect of advances and loans to which the notice relates shall, notwithstanding the provisions of that Act, be that declared by the notice.\n\t(5)\tIn any notice given under this section, the Treasurer may declare that—\n\t(a)\tthe provisions of the notice shall apply in respect of all advances or loans made pursuant to all the provisions of any Act or in respect of all such advances or loans made after a date specified in the notice; or\n\t(b)\tthe provisions of the notice shall apply only in respect of advances or loans made pursuant to any specified provision of any Act or in respect of all such advances or loans made after a date specified in the notice; or\n\t(c)\tthe provisions of the notice shall apply in respect of all advances or loans made pursuant to all the provisions of any Act except such provisions thereof as are specified in the notice or in respect of all such advances or loans (not excepted as aforesaid) made after a date specified in the notice.\n\t(6)\tIf any notice given under this section relates to the rate of interest payable upon any advance or loan made before the passing of this Act, the rate of interest fixed by the notice with respect to such advance or loan shall not exceed the rate of interest which was payable on that advance or loan at the time of the making of the advance or loan, and in any notice given under this section the Treasurer may, for the purpose of giving effect to the intent of this subsection, declare different rates of interest to be paid upon advances or loans made under or pursuant to any Act according to whether the advances or loans were made before or after the passing of this Act.\n\t(7)\tEvery Act to which any notice given under this section relates shall be construed subject to the provisions of this section and so as to give effect to any notice given under this section relating to that Act.\n\t(8)\tThis section and any notice given under this section shall not apply to any advance or loan made by the State Bank of South Australia in the course of its general banking business or otherwise made in pursuance of the State Bank Act 1925 or to any interest payable in respect of any such advance or loan.\n3—Provision as to interest rates applicable to Crown leases and agreements\n\t(1)\tIn this section—\nCrown agreement means any agreement whereby any person has agreed to purchase land from the Crown;\nCrown lease means any lease granted by the Crown.\n\t(2)\tIf pursuant to any provision of any Act, the rent or any other amount payable under any Crown lease or the instalments or any other amount payable under any Crown agreement is fixed with relation to any rate of interest fixed by or pursuant to that Act, the Treasurer may from time to time by notice in the Gazette declare that, from the day specified in the notice, the rate of interest aforesaid shall be that declared in the notice.\n\t(3)\tIn any notice given under this section, the Treasurer may declare that—\n\t(a)\tthe provisions of the notice shall apply in respect of all rent or instalments or other amounts fixed pursuant to all the provisions of any Act or in respect of all such rent or instalments or other amounts which are payable in respect of Crown leases or Crown agreements granted after a date specified in the notice; or\n\t(b)\tthe provisions of the notice shall apply only in respect of rent or instalments or other amounts fixed pursuant to any specified provisions of any Act or in respect of all such rent or instalments or other amounts which are payable in respect of Crown leases or Crown agreements granted after a date specified in the notice; or\n\t(c)\tthe provisions of the notice shall apply in respect of all rent or instalments or other amounts fixed pursuant to all the provisions of any Act except such provisions thereof as are specified in the notice or in respect of all such rent or instalments or other amounts (not excepted as aforesaid) which are payable in respect of Crown leases or Crown agreements granted after a date specified in the notice.\n\t(4)\tIf the rent or instalments or any other amount payable under any Crown lease or Crown agreement is fixed with relation to a rate of interest fixed by or pursuant to any Act or provision of any Act and if any notice is given under this section with respect to that Act or that provision, the Minister by whom the Crown lease or Crown agreement was granted may, notwithstanding any provision of that Act, vary the provisions of the Crown lease or Crown agreement for the payment of any such rent, instalments or other amount, so that the rent or instalments or other amount payable thereunder shall be fixed with relation to the rate of interest declared in the notice. Every such variation shall take effect as from the day from which the notice takes effect.\n\t(5)\tIf any notice given under this section declares the rate of interest with relation to which is fixed the rent or instalments or any other amount payable under any Crown lease or Crown agreement granted before the passing of this Act, the rate of interest so declared with respect to any such Crown lease or Crown agreement shall not exceed the rate of interest with relation to which the rent or instalments or other amount was fixed at the time of the granting of the Crown lease or Crown agreement, and in any notice given under this section the Treasurer may, for the purpose of giving effect to the intent of this subsection, declare different rates of interest with relation to which rents or instalments or other amounts payable under Crown leases or Crown agreements as aforesaid are fixed according to whether the Crown leases or Crown agreements were granted before or after the passing of this Act.\n\t(6)\tEvery Act to which any notice given under this section relates and every Crown lease and Crown agreement granted under any such Act shall be construed subject to the provisions of this section, and so as to give effect to every notice given pursuant to this section which relates to that Act.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1944\n13\nInterest on Crown Advances and Leases Act 1944\n23.11.1944\n23.11.1944\n1951\n35\nInterest on Crown Advances and Leases Act Amendment Act 1951\n6.12.1951\n6.12.1951\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original, narrow purpose: centralising the administrative power to declare the interest rates (including rebates and penalty rates) that apply to Crown advances, loans, leases and Crown land-sale agreements. It does not materially broaden subject-matter beyond that core function. The main features — tailored notices, retroactivity limits, an exclusion for State Bank ordinary banking business, and ministerial power to amend lease/agreement payment clauses — are internal operational details rather than an expansion of scope beyond the Act’s original intent."},"complexity_factors":["Short, single-purpose Act (three substantive sections) limiting overall complexity","Two defined terms in s 3 (Crown lease, Crown agreement)","Multiple conditional or alternative scope options in s 2(5) and s 3(3) (a/b/c), increasing drafting permutations","Retroactivity constraints with caps for pre-existing advances/leases (s 2(6), s 3(5)) requiring factual vintage checks","Overriding construction clauses that require other Acts and instruments to be read subject to notices (s 2(7), s 3(6))","Administrative mechanics require Gazette publication and ministerial action to vary individual leases (s 2(1), s 3(4))","Exception carved out for State Bank general banking business (s 2(8)) requiring assessment of what counts as ordinary banking business","Cross-references to a wide range of other Acts and instrument types (loans, advances, leases, agreements) create practical complexity in identifying covered instruments"],"plain_english_summary":"**What this law does (mechanically)**\n\n- The Act gives the Treasurer of South Australia a standing power to set or change the interest rates that apply to: (a) advances and loans made by the Crown, ministers, the State Bank of South Australia or other government instrumentalities under any Act; and (b) rents, instalments or other money amounts that are fixed by reference to an interest rate under Crown leases or agreements to buy Crown land. (See s 2 and s 3.)\n\n- The Treasurer exercises the power by publishing a notice in the Government Gazette stating the rate and the day it takes effect. Once published, that rate applies despite any inconsistent rate specified in the underlying Act (s 2(1)–(2), s 3(2)).\n\n- The power explicitly includes the ability to vary: the base interest rate on advances and loans; interest rebates (discounts for early payment) (s 2(3)); and higher or penalty interest rates for late payment (s 2(4)).\n\n- Notices can be tailored. A Gazette notice may be limited to particular Acts, particular provisions of an Act, to advances or leases made before or after a specified date, or may be framed as a general rule with specified exceptions (s 2(5), s 3(3)).\n\n- There are caps on retrospective increases for older advances or leases: where a notice would change the interest reference for an advance, loan, lease or sale agreement made before this Act, the new declared rate cannot exceed the rate that applied at the time the advance or lease was originally made (s 2(6), s 3(5)). The Treasurer may declare different rates depending on whether the instrument was made before or after the Act.\n\n- The statute says that any Act, Crown lease or Crown agreement to which a notice relates must be read subject to and given effect to the notice (s 2(7), s 3(6)).\n\n- An express exclusion limits the s 2 power: it does not apply to advances or loans made by the State Bank of South Australia in the course of its general banking business under the State Bank Act 1925, or to interest payable on such advances (s 2(8)).\n\n- For Crown leases and agreements, the Minister who granted the lease or agreement may amend its payment provisions so the payments are fixed by reference to the new declared interest rate; such changes take effect from the date the Treasurer’s notice takes effect (s 3(4)).\n\n\nWho is affected\n\n- Borrowers from the Crown or government instrumentalities where the borrowing terms are set under statute: their contractual interest rate, rebate (discount) entitlements and penalty rates can be changed by administrative notice (s 2).\n\n- Holders of Crown leases and buyers under Crown sale agreements whose payments are linked to a statutory interest rate: the reference rate that determines their rent or instalments can be administratively changed (s 3), and the original granting Minister can amend the contract wording to reflect the new reference rate (s 3(4)).\n\n- Government decision-makers: the Treasurer (for declaring rates) and the Minister who granted a lease or agreement (for varying payment provisions) gain administrative authority to alter money terms previously fixed by statute.\n\n- The State Bank of South Australia is partly excluded: the Treasurer’s power does not cover ordinary banking advances by the Bank under its general banking business (s 2(8)).\n\n\nWhy it matters (practical effects and implementation mechanics)\n\n- Centralises rate-setting: the Act moves the technical task of changing statutory interest references from individual Acts or long legislative processes to an administrative mechanism (Gazette notice). That lowers the formal legislative cost and speeds rate changes.\n\n- Affects cash flows and contract values: by changing the interest reference, the government can raise or lower repayments, rents and penalties across a range of Crown instruments without amending each underpinning Act. This shifts immediate financial consequences onto the private payers (borrowers, lessees, purchasers) and onto departmental accounting for Crown receivables.\n\n- Retroactivity is restricted but not eliminated: the Treasurer may change the rate for existing advances, loans, leases and agreements, but where the instrument predates the Act the declared rate cannot exceed the original rate that applied at the time it was granted (s 2(6), s 3(5)). That limits upward surprise but still permits downward or differently phased changes.\n\n- Administrative discretion and tailoring: notices may be broad or narrowly targeted (apply to all Acts, specified provisions, or be limited by date). That creates operational flexibility but concentrates discretionary power in the Treasurer’s office (s 2(5), s 3(3)).\n\n- Compliance and transaction costs: affected private parties must monitor Gazette notices to know their applicable rate. Ministers may need to execute contract variations for leases and agreements (s 3(4)), creating some administrative work for departments and legal teams.\n\n\nIncentives, trade-offs and risks (light analytical lens)\n\n- Who pays and who decides: the Treasurer decides rates by notice; the financial burden (higher or lower payments) falls on those whose statutory payments are referenced to the rate. Ministers decide whether to adopt the mechanical variation to a lease/agreement to align payment formulas with the new rate (s 3(4)).\n\n- Incentives and private choice: because statutory payment formulas can change without primary legislation, private payers face more regulatory rate risk for Crown-linked contracts than for purely private contracts fixed by negotiation. That may raise risk premia or influence bargaining over future Crown deals.\n\n- Effects on private enterprise and markets: the Act does not directly regulate commercial markets but can alter costs for businesses holding Crown leases or Crown-backed loans. It could affect valuations, cash flow planning, and the pricing of services that rely on Crown-tenure property.\n\n- Concentrated benefits, diffuse costs: benefits of an administrative rate change (e.g. lower Crown receivable rates easing public finances) accrue to government accounts; costs (higher payments) fall on individual borrowers/lessees and are likely more dispersed.\n\n- Implementation risks: the broad drafting allows targeting but also creates potential for legal disputes about the scope of a notice, whether a particular agreement is covered, and about retrospective application limits (s 2(6), s 3(5)). The exclusion for the State Bank (s 2(8)) is a clear limit but may require factual assessment whether a particular advance is in the Bank’s ‘‘general banking business.’'\n\n\nKey sections to read\n\n- Section 2: Treasurer’s power to declare interest rates, rebates, penalty rates; scope and limits (including s 2(6) and s 2(8)).\n- Section 3: Parallel power for Crown leases and sale agreements, ministerial power to vary payment clauses, and retroactivity limits (s 3(4)–(5)).\n\n\nBottom line (mechanical summary)\n\nThe Act creates an administrative mechanism by which the Treasurer can set or vary interest rates (including rebates and penalty rates) that determine payments under statutory Crown loans, advances, leases, and land-sale agreements. Those rates are declared by Gazette notice, take effect on the designated day, and override inconsistent statutory language, subject to explicit limits for pre-existing instruments and an exclusion for the State Bank’s ordinary banking business."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: empowering the Treasurer to vary interest rates on Crown advances, loans, leases, and land purchase agreements. The 1951 amendment appears to be a technical amendment (the Act was assented to on the same day), and the core scope has not expanded beyond interest rate management for government financial arrangements."},"complexity_factors":["Only 2 defined terms ('Crown agreement' and 'Crown lease') in a single interpretation subsection","Straightforward delegation of power structure: Treasurer publishes Gazette notice → rate changes apply","Some conditional logic in subsections (5) and (6) of each section limiting retrospective rate increases","Three standard exclusion patterns in notice-making powers (all provisions / specified provisions only / all except specified provisions)","Single cross-reference to State Bank Act 1925 in section 2(8)","No nested exceptions or deeply conditional drafting","Total length is approximately 1,200 words across 3 sections"],"plain_english_summary":"This South Australian law from 1944 gives the State Treasurer special powers to change interest rates on government loans and land deals without needing to pass new laws through Parliament each time.\n\n**What it does:**\n- **Government loans:** The Treasurer can publish a notice in the Government Gazette (the official public record) to change the interest rate on loans made by government departments, ministers, or government agencies. This applies even to loans that were already made before the notice was published.\n- **Rebates and penalties:** The Treasurer can also adjust the amount of interest rebates (discounts for early payment) and higher penalty rates for late payment.\n- **Crown land deals:** The Treasurer can change the interest rates used to calculate rent or purchase instalments on leases and land purchase agreements with the government.\n\n**Who it affects:**\n- Anyone who has borrowed money from a South Australian government body\n- Anyone leasing land from the government (\"Crown lease\")\n- Anyone buying land from the government through instalment agreements\n\n**Key limitations:**\n- For existing loans and leases made before 1944, the rate can only go down, not up (protecting people from retroactive rate increases)\n- Does NOT apply to normal bank business from the State Bank of South Australia\n- The relevant Minister can vary existing lease or purchase agreements to match new interest rates declared by the Treasurer\n\n**Why it matters:**\nThis law lets the government respond quickly to changing economic conditions (like rising or falling interest rates) without the slow process of passing new legislation. It provides flexibility for managing government lending programs and land sales, while protecting existing borrowers from having their rates increased retrospectively."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. The page returned a 404 error due to a website migration on 24 March 2026. No comparison between original intent and current provisions is possible."},"complexity_factors":["The actual legislative text was not retrievable — only a website error page was provided","No provisions, definitions, schedules, or operative clauses are available for analysis","Complexity cannot be meaningfully assessed without the legislative content","Score of 1 reflects absence of content rather than genuine simplicity of the law"],"plain_english_summary":"The Interest on Crown Advances and Leases Act 1944 (SA) is a South Australian statute that governs how interest is calculated and charged in relation to government loans (Crown advances) and leases of Crown land or property.  \n\nIt mainly affects individuals and businesses with government loans or Crown leases, since it determines the interest terms that apply to those financial arrangements."}},"importantCases":[],"_links":{"self":"/api/acts/interest-on-crown-advances-and-leases-act-1944","history":"/api/acts/interest-on-crown-advances-and-leases-act-1944/history","analysis":"/api/acts/interest-on-crown-advances-and-leases-act-1944/analysis","conflicts":"/api/acts/interest-on-crown-advances-and-leases-act-1944/conflicts","importantCases":"/api/acts/interest-on-crown-advances-and-leases-act-1944/important-cases","documents":"/api/acts/interest-on-crown-advances-and-leases-act-1944/documents"}}