11Allocation among local governing bodies—section 9 payments

11 Allocation among local governing bodies—section 9 payments

(1) In this section:

State does not include the Australian Capital Territory.

(2) A State is not entitled to payment of an amount under section 9 in respect of a year unless: (a) there is a Local Government Grants Commission of the State; and (b) the Commission has made recommendations with respect to the allocation of the amount among local governing bodies in the State; and (c) the Commission: (i) held public hearings (whether or not it also held private hearings) in connection with the recommendations; and (ii) permitted or required local governing bodies in the State or associations of those bodies to make submissions to it in connection with the recommendations; and (d) the Commission has made the recommendations: (i) if the year is the year beginning on 1 July 1995—in accordance with the principles that were applicable to the State under section 9 of the repealed Act in respect of the immediately preceding year or, if those principles have been modified under section 24, in accordance with those principles as so modified; or (ii) if the year is a later year—in accordance with national principles in force under section 6 of this Act in respect of the later year or, if those principles have been modified under section 26 in relation to the State in respect of the later year, in accordance with those principles as so modified; and (e) the relevant State Minister has given the Minister in writing particulars of the manner in which the State proposes to allocate the amount among local governing bodies in the State; and (f) the Minister is satisfied that, in determining the manner in which the State proposes to allocate the amount among local governing bodies in the State, the State has adopted the recommendations of the Commission; and (g) the State does not allocate the amount among local governing bodies in the State except in accordance with the proposed allocation or in accordance with that proposed allocation as altered with the agreement of the Minister. (3) For the purposes of this section, any possibility of a reduction in the amount allocated to any local governing body in complying with the condition in paragraph 15(aa) is to be disregarded.