Document ID: chunk:federal_register_of_legislation:C2017C00106:section:5:p16
Version: federal_register_of_legislation:C2017C00106
Segment Type: section
Provision Reference: s 5 (pt 16/24)
Character Range: 42355–45176

in relation to the series entitled "Consumer Price Index".

(6) Where the adjustment factor, as ascertained in accordance with sub‑clause (5), would, but for the operation of this sub‑clause, be less than one, that factor shall be taken to be one.

(7) If the reference base for the Consumer Price Index or hourly award rates of pay index is changed, then, for the purpose of applying the formula referred to in sub‑clause (5) after the change is made, regard shall be had only to the index number provided in terms of the new reference base.

19. (1) In calculating expenditure incurred by the State, local governments and community organisations for the purposes of clauses 14, 16 and 18—
    (a) allocations by the State from the following sources may be included—
        (i) loan funds;
        (ii) trust funds and other special accounts in the public account of the State to the extent that those funds have been financed from State resources, including deposits with the State Treasury;
        (iii) borrowing by instrumentalities of the State under the terms of the Commonwealth‑State arrangements associated with the Financial Agreement and known as the Gentlemen's Agreement;
        (iv) appropriations from surpluses of authorities and instrumentalities of the State; and
        (v) other sources at any time agreed upon by the Commonwealth Minister and the State Minister; and
    (b) the following amounts may not be included—
        (i) amounts of expenditure that have been used to match or attract financial assistance provided by the Commonwealth otherwise than under this agreement;
        (ii) amounts expended that are recovered or recoverable by means of user charges, service related donations or a payment by way of compensation; and
        (iii) amounts expended in providing a home or community care service to a person who is eligible to receive a payment by way of compensation in respect of a disability that gives rise to the need for such a service.

(2) A reference in sub‑clause (1) to a payment by way of compensation shall be read as a reference to—
    (i) a payment by way of damages;
    (ii) a payment under a scheme of insurance or compensation provided for by a law of the State, including payment under a contract entered into in pursuance of such a scheme;
    (iii) a payment, whether with or without admission of liability, in settlement of a claim for damages or of a claim under a scheme referred to in sub‑paragraph (ii); or
    (iv) any other payment that, in the opinion of the Commonwealth Minister, is a payment in the nature of compensation or damages, other than a payment for which the person who is eligible to receive the payment has made contributions.

                 PART VI—FINANCIAL ASSISTANCE ARRANGEMENTS AND
                 CONDITIONS

20. Within