Elderly Citizens' Clubs and Youth Centres Act 1966
An Act to make provision with respect to the granting of financial assistance to certain organizations concerned with the welfare of elderly citizens or young persons and for matters connected therewith, and to amend the Local Government Act 1962
[Royal Assent 22 December 1966]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Elderly Citizens' Clubs and Youth Centres Act 1966 .
(1) [Section 2 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 2 Subsection (1) amended by No. 15 of 1969, s. 2 ]In this Act, unless the contrary intention appears –approved building means a building or proposed building approved under section 4 ;corporation means a council;elderly citizens' club means an institution that is carried on with the object or for the purpose of providing recreational, social, or cultural facilities for elderly persons;eligible organization means an organization that is eligible, by virtue of section 3 , for assistance under this Act;[Section 2 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] Minister for Health means the Minister of the Crown having for the time being the administration of the Public Health Act 1997 ;municipality means a municipal area;organization includes a club, society, association, or other like body;young person means a person who is of or over the age of 6 years and under the age of 25 years;youth centre means an institution that is carried on with the object or for the purpose of promoting –(a) the social, intellectual, moral, or physical training or recreation of young persons; or(b) the training of young persons in self government, good citizenship, or the intelligent use of leisure.(2) [Section 2 Subsection (2) inserted by No. 15 of 1969, s. 2 ]References in this Act to the capital cost of an approved building shall be construed as references to such sum as the Treasurer considers necessary to cover the cost of the provision of the building or, as the case may be, the provision of the building as extended, altered, or added to in accordance with the plans and specifications approved under section 4 , assuming –(a) in a case where the building is, or is to be erected, on land in which the appropriate authority has, or will have, a freehold estate, but in no other case, that it will be necessary to purchase that estate at its current market value; and(b) in any case, that any works for the erection, extension, or alteration, or the making of additions to, the building are carried out at the current market values or rates applicable thereto.(3) [Section 2 Subsection (3) added by No. 15 of 1969, s. 2 ]In subsection (2) appropriate authority means –(a) in a case where the building is, or is to be, erected or purchased by an eligible organization, that organization; and(b) in a case where the building is, or is to be, erected or purchased by the corporation of a municipality, that corporation.
(1) [Section 3 Subsection (1) amended by No. 22 of 1971, s. 9 ]Subject to this Act, an organization is eligible for assistance under this Act if –(a) it is engaged in carrying on and maintaining an elderly citizens' club or a youth centre;(b) that club or centre is carried on otherwise than for the purposes of gain or reward for the individual members of the organization;(c) the organization is incorporated by any Act or is an incorporated association within the meaning of the Associations Incorporation Act 1964 ;(d) the organization's rules have been submitted to, and approved by, the Minister for Health and a notification of the Minister's approval of those rules has been published in the Gazette before the commencement of the Public Bodies Assistance Act 1971 ;(e) the activities of the organization are carried on, or proposed to be carried on, in an approved building; and(f) the facilities provided or proposed to be provided in that building are approved by the Minister for Health.(2) [Section 3 Subsection (2) amended by No. 51 of 1985, s. 4 and Sched. 2 ][Section 3 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]An organization is not eligible for assistance under this Act unless –(a) in the case of an organization by which an elderly citizens' club is carried on, the club is open to all elderly persons who reside within the municipality in which the building used for the purposes of the club is situated; or(b) in the case of an organization by which a youth centre is carried on, the Secretary of the department (within the meaning of the Administrative Arrangements Act 1990 ) that is responsible for sport and recreation matters has recommended to the Minister for Health that assistance under this Act be granted to the organization.
(1) [Section 4 Subsection (1) amended by No. 49 of 1967, s. 2 ]Where the Minister for Health is satisfied that a building erected or proposed to be erected, or purchased or proposed to be purchased, by the corporation of a municipality or by an organization is intended to be used permanently for the purposes of an elderly citizens' club or youth centre, he may, in his discretion, by notice published in the Gazette, declare that building or proposed building to be an approved building for the purposes of this Act.(2) A building or proposed building shall not be approved under this section unless all plans and specifications relating to the erection of the building or to any addition to, extension of, or alteration of, the building have been submitted to, and approved by, the Minister for Health.
(1) [Section 5 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]For the purpose of assisting in the purchase, erection, extension, or alteration of, or in the making of additions to, an approved building for use for the purposes of an elderly citizens' club or a youth centre, the corporation of the municipality within which the building is situated or proposed to be situated may borrow money under this section, and may apply to the Treasurer in such form as he may approve for a loan under this section.(1A) [Section 5 Subsection (1A) inserted by No. 22 of 1971, s. 9 ]No application shall be made under this section after the commencement of the Public Bodies Assistance Act 1971 .(2) Upon receipt of an application under this section, the Treasurer may, subject to this Act, lend to the corporation by which the application is made such sum of money as the Treasurer thinks fit.(2A) [Section 5 Subsection (2A) inserted by No. 49 of 1967, s. 3 ]The Treasurer shall not lend any money under this section for the purposes of assisting the corporation of a municipality itself to purchase, erect, extend, alter, or make additions to, an approved building unless he is satisfied that –(a) an organization is actively engaged in raising funds for the purpose of so assisting the corporation and is likely to be able to raise funds of a substantial amount for the purpose; or(b) an organization has raised funds of a substantial amount for that purpose.(3) A loan under this section –(a) shall be made by the Treasurer out of the Loan Fund in accordance with an Act appropriating that Fund for the purposes of the loan;(b) shall be made on such terms and conditions as the Treasurer may approve and as are specified in a notification sent by the Treasurer to the corporation;(c) shall be made at such rate of interest as, in the opinion of the Treasurer, is not less than the rate which the corporation would pay for a similar loan from private persons; and(d) shall be an amount not exceeding –(i) in the case of a loan in respect of a building or proposed building for use for the purposes of an elderly citizens' club, three-quarters of the capital cost of the building or proposed building; or(ii) in the case of a loan in respect of a building or proposed building for use for the purposes of a youth centre, two-thirds of the capital cost of the building or proposed building.(4) The provisions of –of the State Loans to Local Bodies Act 1929 apply to and in relation to a loan under this section as if the notification referred to in subsection (3) (b) of this section were an Act authorizing the loan for the purposes of section 12 (2) (b) of that Act .(a) sections 7 to 10 ;(b) sections 12 and 13 ;(c) sections 18 to 24 ; and(d) sections 26 and 27 –
6. Application of moneys borrowed by municipalities for the purposes of this Act
(1) A corporation to which any money is lent pursuant to section 5 may –(a) itself expend that money in or towards the purchase, erection, extension, or alteration of, or in the making of additions to, the approved building in relation to which the money is lent; or(b) lend the whole or any part of that money to an eligible organization with which the corporation has entered into an agreement providing for the purchase, erection, extension, or alteration of, or the making of additions to, the approved building by the organization, upon such terms and conditions as to the term of the loan, the repayment thereof, the method of repayment, and other matters as the corporation may, with the approval of the Treasurer, determine and as may be specified in the agreement.(2) A corporation to which any money is lent pursuant to section 5 shall not lend any part of that money to an eligible organization unless that organization has itself raised (otherwise than by way of a loan) an amount not less than –(a) in the case of an organization by which an elderly citizens' club is carried on or proposed to be carried on, one-quarter of the capital cost of the building or proposed building to be used for the purposes of the club; or(b) in the case of an organization by which a youth centre is carried on or proposed to be carried on, one-third of the capital cost of the building or proposed building to be used for the purposes of the centre.(3) [Section 6 Subsection (3) added by No. 15 of 1969, s. 3 ]Where the corporation is satisfied that the actual cost of the purchase, erection, extension, or alteration of, or the making of additions to, the approved building will be less than the capital cost thereof, by reason of –the corporation, if it considers it proper in the circumstances so to do, may, for the purposes of this section, treat as an amount raised by the organization the whole or a part of the amount by which that actual cost is, for the reasons referred to in this subsection, less than the capital cost of the building.(a) in a case to which section 2 (2) (a) applies, the freehold estate in the land on which the building is, or is to be, erected being already vested in the organization or the terms on which it became so vested; or(b) in any case, any goods or materials being already available to the organization for the purposes of the building or the terms on which any goods or materials, or labour or other services, will be made so available –
7. Contributions by Treasurer towards debt charges payable by eligible organizations
(1) [Section 7 Subsection (1) amended by No. 22 of 1971, s. 9 ]Subject to this section, the Treasurer may, in any financial year, pay to an eligible organization out of moneys provided by Parliament for the purpose such sums of money as he thinks fit for the purpose of assisting the organization to pay any debt charges payable by it during that financial year in respect of any money lent to the organization by a corporation pursuant to section 6 or in respect of any money borrowed by the organization before the commencement of the Public Bodies Assistance Act 1971 from any other person.(2) Subject to this section, a sum that is paid to an eligible organization by the Treasurer in pursuance of this section in any financial year shall be calculated as if the debt charges in respect of which it is paid were the debt charges payable in that year in respect of a loan of a sum of money equal to the capital cost of the approved building in which the activities of the organization are carried on.(3) The Treasurer shall not, in pursuance of this section, pay to an eligible organization in any one financial year any sum of money exceeding –(a) one-half of the total amount of the debt charges in respect of which the payment is made, in the case of an organization by which an elderly citizens' club is carried on; or(b) one-third of the total amount of the debt charges in respect of which the payment is made, in the case of an organization by which a youth centre is carried on.(4) The Treasurer shall not, in pursuance of this section, pay a sum of money to an eligible organization unless that organization has itself raised (otherwise than by way of a loan) an amount not less than –(a) in the case of an organization by which an elderly citizens' club is carried on, one-quarter of the capital cost of the building used for the purposes of the club; or(b) in the case of an organization by which a youth centre is carried on, one-third of the capital cost of the building used for the purposes of the centre.(4A) [Section 7 Subsection (4A) inserted by No. 15 of 1969, s. 4 ] Subsection (4) does not apply in a case where the Treasurer is satisfied that the total amount of the money that has been borrowed for the purpose of the purchase, erection, extension, or alteration of, or the making of additions to, the approved building, does not exceed –(a) in the case of an organization by which an elderly citizens' club is carried on, three-quarters of the capital cost of the building used for the purposes of the club; or(b) in the case of an organization by which a youth centre is carried on, two-thirds of the capital cost of the building used for the purposes of the centre.(5) The Treasurer shall not, in pursuance of this section, pay to an eligible organization in any financial year any sum of money exceeding the actual amount of the debt charges payable by the organization in that financial year.(6) In this section, debt charges means any sums of money payable by an organization by way of interest on, and the repayment of, moneys borrowed by it.
7A. Contributions by Treasurer towards debt charges payable by municipality
[Section 7A Inserted by No. 49 of 1967, s. 4 ]The amendment effected by this section has been incorporated into the authorised version of the Local Government Act 1962 .(1) Where money lent to a corporation under this Act has been expended by it under section 6 (1) (a) in respect of an approved building, the Treasurer may, subject to this section, in any financial year, pay to the corporation out of moneys provided by Parliament for the purpose such sums of money as he thinks fit for the purpose of assisting it to pay the debt charges payable by it during that financial year in respect of the money borrowed by it (whether under this Act or not) for effecting any of the purposes referred to in that paragraph in relation to that building.(2) [Section 7A Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ]No payments shall be made under this section in respect of an approved building unless the Treasurer is satisfied –(a) that such funds as are referred to in section 5 (2A) have been, or will be, transferred to the corporation and used by it for the purchase, erection, extension, or alteration of, or the making of additions to, the building; and(b) that the functions of the corporation in respect of the management of the elderly citizens' club or youth centre carried on, or to be carried on, in the building have been delegated to a special committee appointed under Division 2 of Part 3 of the Local Government Act 1993 at least two-thirds of the members of which are not members of the corporation.(3) [Section 7A Subsection (3) substituted by No. 15 of 1969, s. 5 ]No payments shall be made under this section in respect of an approved building unless the Treasurer is satisfied that the total amount of money that has been borrowed for the purpose of the purchase, erection, extension, or alteration of, or the making of additions to, the building, does not exceed –(a) in the case of a building that is used, or is mainly to be used, as a youth centre, two-thirds of the capital cost of the building; or(b) in any other case, three-quarters of the capital cost of the building.(4) The payments made under this section in respect of any financial year in respect of an approved building shall not exceed –of the amount of the debt charges that would have been expected to have been payable in that year in respect of a loan of a sum of money to the corporation equal to the capital cost of the building.(a) in a case where the building is mainly used, or is mainly to be used, as a youth centre, one-third; or(b) in any other case, one-half –(5) In this section debt charges, in relation to any sum borrowed by a corporation, means the sums payable by the corporation by way of interest on, and the repayment of, that sum.