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New South Wales act
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.
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Direct links to the current provisions in Capital Debt Charges Act 1957.
2 Definitions
In this Act unless the context or subject-matter otherwise indicates or requires:
Authority means a body corporate, corporation sole or Minister of the Crown named in the second column of the Schedule.
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.
Treasurer means the Colonial Treasurer.
3 This Act to prevail over inconsistent provisions
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.
4 Payment of interest, sinking fund charges etc in respect of loan liabilities of certain authorities
(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:
Provided that the amounts so determined in any year shall, unless the Treasurer otherwise directs, be the amounts chargeable in that year.
(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.
(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.
Schedule
(Sections 3 and 4)
| First Column | Second Column | Third Column | | 1st November 1956 | Grain Handling Authority of New South Wales. | Grain Handling Act 1954. | | 1st July 1956 | The Metropolitan Meat Industry Board. | Meat Industry Act 1915, as amended. | | 1st April 1957 | The Minister of the Crown administering the State Brickworks Act 1946. | State Brickworks Act 1946. | | 1st July 1956 | The State Mines Control Authority. | State Coal Mines Act 1912, as amended. | | 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. | | 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. | | 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. | | 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. |
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.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
This Act may be cited as the Capital Debt Charges Act 1957.
2 Definitions
In this Act unless the context or subject-matter otherwise indicates or requires:
Authority means a body corporate, corporation sole or Minister of the Crown named in the second column of the Schedule.
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.
Treasurer means the Colonial Treasurer.
3 This Act to prevail over inconsistent provisions
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.
4 Payment of interest, sinking fund charges etc in respect of loan liabilities of certain authorities
(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:
Provided that the amounts so determined in any year shall, unless the Treasurer otherwise directs, be the amounts chargeable in that year.
(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.
(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.
Schedule
(Sections 3 and 4)
| First Column | Second Column | Third Column | | 1st November 1956 | Grain Handling Authority of New South Wales. | Grain Handling Act 1954. | | 1st July 1956 | The Metropolitan Meat Industry Board. | Meat Industry Act 1915, as amended. | | 1st April 1957 | The Minister of the Crown administering the State Brickworks Act 1946. | State Brickworks Act 1946. | | 1st July 1956 | The State Mines Control Authority. | State Coal Mines Act 1912, as amended. | | 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. | | 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. | | 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. | | 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. |
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.