Financial Framework (Supplementary Powers) Act 1997
No. 154, 1997
Compilation No. 24
Compilation date: 14 April 2015
Includes amendments up to: Act No. 36, 2015
Registered: 20 April 2015
About this compilation
This compilation
This is a compilation of the Financial Framework (Supplementary Powers) Act 1997 that shows the text of the law as amended and in force on 14 April 2015 (the compilation date).
This compilation was prepared on 16 April 2015.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
2A Simplified outline of this Act
3 This Act binds the Crown
4 This Act extends to things outside Australia
5 Definitions
6 Relationship with the finance law
Part 2—Supplementary powers to make commitments to spend money and be involved in companies etc.
32B Supplementary powers to make commitments to spend relevant money and other CRF money etc.
32C Terms and conditions for grants
32D Minister or accountable authority may delegate powers
32DA Accountable authority may sub‑delegate powers
32DB Relationship with section 23 of the Public Governance, Performance and Accountability Act 2013
39B Supplementary powers to form companies etc.
40 Finance Minister may delegate powers
41 Executive power of the Commonwealth
Part 3—Miscellaneous
65 Regulations
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to provide for powers to make commitments to spend money and powers in relation to companies, and for related purposes
This Act may be cited as the Financial Framework (Supplementary Powers) Act 1997.
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
(2) If this Act does not commence under subsection (1) by 1 July in the next calendar year after the calendar year in which this Act receives the Royal Assent, it commences on that 1 July.
2A Simplified outline of this Act
This Act confers on the Commonwealth, in certain circumstances, the powers:
(a) to make arrangements under which relevant money and other CRF money can be spent, or to make grants of financial assistance; and
(b) to form, or otherwise be involved in, companies.
The arrangements, grants, programs and companies (or classes of arrangements or grants) in relation to which the powers are conferred are specified in the regulations.
This Act binds the Crown in right of the Commonwealth, but does not make the Crown liable to be prosecuted for an offence.
4 This Act extends to things outside Australia
This Act extends to acts, omissions, matters and things outside Australia (unless the contrary intention appears).
In this Act:
accountable authority has the meaning given by the Public Governance, Performance and Accountability Act 2013.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
Minister includes the President of the Senate or the Speaker of the House of Representatives.
non‑corporate Commonwealth entity has the meaning given by the Public Governance, Performance and Accountability Act 2013.
official has the meaning given by the Public Governance, Performance and Accountability Act 2013.
other CRF money has the meaning given by the Public Governance, Performance and Accountability Act 2013.
relevant money has the meaning given by the Public Governance, Performance and Accountability Act 2013.
6 Relationship with the finance law
This Act and the regulations are to be read together with the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013).
Part 2—Supplementary powers to make commitments to spend money and be involved in companies etc.
32B Supplementary powers to make commitments to spend relevant money and other CRF money etc.
(1) If:
(a) apart from this subsection, the Commonwealth does not have power to make, vary or administer:
(i) an arrangement under which relevant money or other CRF money is, or may become, payable by the Commonwealth; or
(ii) a grant of financial assistance to a State or Territory; or
(iii) a grant of financial assistance to a person other than a State or Territory; and
(b) the arrangement or grant, as the case may be:
(i) is specified in the regulations; or
(ii) is included in a class of arrangements or grants, as the case may be, specified in the regulations; or
(iii) is for the purposes of a program specified in the regulations;
the Commonwealth has power to make, vary or administer the arrangement or grant, as the case may be.
Note: The Public Governance, Performance and Accountability Act 2013 deals with the use and management of public resources (including relevant money and other CRF money).
(2) A power conferred on the Commonwealth by subsection (1) may be exercised on behalf of the Commonwealth by a Minister or an accountable authority of a non‑corporate Commonwealth entity.
Note: For the power to delegate, see section 32D.
(3) In this section:
administer:
(a) in relation to an arrangement—includes give effect to; or
(b) in relation to a grant—includes make, vary or administer an arrangement that relates to the grant.
arrangement includes contract, agreement or deed.
make, in relation to an arrangement, includes enter into.
vary, in relation to an arrangement or grant, means:
(a) vary in accordance with the terms or conditions of the arrangement or grant; or
(b) vary with the consent of the non‑Commonwealth party or parties to the arrangement or grant.
32C Terms and conditions for grants
Scope
(1) This section applies to a grant of financial assistance under section 32B.
Terms and conditions
(2) If the recipient of the grant is a State or Territory, the terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the recipient.
(3) An agreement under subsection (2) may be entered into on behalf of the Commonwealth by a Minister or an accountable authority of a non‑corporate Commonwealth entity.
Note: For the power to delegate, see section 32D.
(4) If the recipient of the grant is a person other than a State or Territory, subsection (2) does not, by implication, prevent the grant from being made subject to terms and conditions.
32D Minister or accountable authority may delegate powers
Delegation by a Minister
(1) A Minister may, by writing, delegate any or all of his or her powers under section 32B or 32C to an official of any non‑corporate Commonwealth entity.
Note: An accountable authority may delegate a power delegated under this section (see section 32DA).
(2) In exercising powers under a delegation, the delegate must comply with any directions of the Minister concerned.
Delegation by an accountable authority
(3) An accountable authority of a non‑corporate Commonwealth entity may, by writing, delegate any or all of his or her powers under section 32B or 32C to an official of any non‑corporate Commonwealth entity.
(4) In exercising powers under a delegation, the delegate must comply with any directions of the accountable authority concerned.
32DA Accountable authority may sub‑delegate powers
(1) An accountable authority of a non‑corporate Commonwealth entity may, by writing, delegate to an official (the second delegate) of any non‑corporate Commonwealth entity powers and functions that have been delegated to the accountable authority by a Minister under section 32D.
(2) The power or function, when exercised or performed by the second delegate, is taken for the purposes of this Act to have been exercised or performed by the Minister.
(3) If the accountable authority is subject to directions in relation to the exercise of a power, or the performance of a function, delegated to the accountable authority under section 32D, then:
(a) the accountable authority must give corresponding directions to the second delegate; and
(b) the accountable authority may give other directions (not inconsistent with those corresponding directions) to the second delegate in relation to the exercise of that power or the performance of that function.
(4) The second delegate must comply with any directions of the accountable authority.
32DB Relationship with section 23 of the Public Governance, Performance and Accountability Act 2013
Section 23 of the Public Governance, Performance and Accountability Act 2013 (which deals with the power of accountable authorities in relation to arrangements and commitments) does not authorise the accountable authority of a non‑corporate Commonwealth entity to exercise, on behalf of the Commonwealth, a power conferred on the Commonwealth by section 32B of this Act.
39B Supplementary powers to form companies etc.
Formation of company etc.
(1) If:
(a) apart from this subsection, the Commonwealth does not have power to:
(i) form a company; or
(ii) participate in the formation of a company; and
(b) if the company were to come into existence, the company would be a company:
(i) that is specified in the regulations; and
(ii) whose objects or proposed activities are specified in the regulations;
the Commonwealth has power to:
(c) form the company; or
(d) participate in the formation of the company;
as the case may be.
Acquisition of shares in company etc.
(2) If:
(a) apart from this subsection, the Commonwealth does not have power to:
(i) acquire shares in a company; or
(ii) become a member of a company;
in circumstances that would result in the company becoming a Commonwealth company; and
(b) both:
(i) the company is specified in the regulations; and
(ii) the company’s objects or proposed activities are specified in the regulations;
the Commonwealth has power to:
(c) acquire shares in the company; or
(d) become a member of the company;
as the case may be, in circumstances that would result in the company becoming a Commonwealth company.
Finance Minister’s power
(3) A power conferred on the Commonwealth by subsection (1) or (2) may be exercised on behalf of the Commonwealth by the Finance Minister.
Note: For the power to delegate, see section 40.
Definitions
(5) In this section:
acquire includes acquire by subscription.
Commonwealth company has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
40 Finance Minister may delegate powers
(1) The Finance Minister may, by written instrument, delegate to an accountable authority of a non‑corporate Commonwealth entity the Finance Minister’s powers or functions under section 39B.
(2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Finance Minister.
41 Executive power of the Commonwealth
This Part does not, by implication, limit the executive power of the Commonwealth.
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.
A = Act | orig = original |
ad = added or inserted | par = paragraph(s)/subparagraph(s) |
am = amended | /sub‑subparagraph(s) |
amdt = amendment | pres = present |
c = clause(s) | prev = previous |
C[x] = Compilation No. x | (prev…) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
F = Federal Register of Legislative Instruments | s = section(s)/subsection(s) |
gaz = gazette | Sch = Schedule(s) |
LI = Legislative Instrument | Sdiv = Subdivision(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md) = misdescribed amendment | SR = Statutory Rules |
mod = modified/modification | Sub‑Ch = Sub‑Chapter(s) |
No. = Number(s) | SubPt = Subpart(s) |
o = order(s) | underlining = whole or part not |
Ord = Ordinance | commenced or to be commenced |
Title | FRLI registration or gazettal | Commencement | Application, saving and transitional provisions |
Parliamentary Service (Consequential and Transitional) Determination 2000/1 | 31 Aug 2000 (F2006B00500) | c 2.1: 5 Dec 1999 ( c 1.2) | — |
(a) The Financial Framework (Supplementary Powers) Act 1997 was amended by Schedule 1 (items 1–33) only of the Financial Management Legislation Amendment Act 1999, subsection 2(1) of which provides as follows:
(1) If this Act receives the Royal Assent before 1 May 1999, then this Act commences on 1 July 1999.
(b) The Financial Framework (Supplementary Powers) Act 1997 was amended by Schedule 1 (item 481) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
Provision affected | How affected | |
Reader’s Guide............. | am. No. 20, 1999 | |
| rep No 62, 2014 | |
Title.................... | am No 62, 2014 | |
Pt 1 |
| |
s 1..................... | am No 62, 2014 | |
s 2A.................... | ad No 62, 2014 | |
s 5..................... | am No 20, 1999; No 146, 1999; F2006B00500; No 78, 2008; No 148, 2010; No 5, 2011; No 25, 2012 | |
| rs No 62, 2014 | |
| am No 36, 2015 | |
s. 6..................... | rs. No. 90, 2008; No 62, 2014 | |
Note to s. 6............... | rs. No. 20, 1999; No. 90, 2008 | |
| rep No 62, 2014 | |
Part 2 heading............. | rs No 148, 2010 | |
| rep No 62, 2014 | |
Pt 2.................... | rep No 62, 2014 | |
s. 7..................... | rep. No. 90, 2008 | |
Pt 3.................... | rep No 62, 2014 | |
s 8..................... | rep No 62, 2014 | |
s 9..................... | rep No 62, 2014 | |
s. 10.................... | am. No. 90, 2008 | |
| rep No 62, 2014 | |
s. 11.................... | am. No. 90, 2008 | |
| rep No 62, 2014 | |
s. 12.................... | am. No. 90, 2008; No 25, 2012 | |
| rep No 62, 2014 | |
s. 13.................... | am. No. 90, 2008 | |
| rep No 62, 2014 | |
s. 14.................... | am. No. 90, 2008 | |
| rep No 62, 2014 | |
s 15.................... | rep No 62, 2014 | |
s. 16.................... | am. No. 90, 2008 | |
| rep No 62, 2014 | |
Pt 2 |
| |
Heading to Part 4........... | rs. No. 20, 1999 | |
| rep No 62, 2014 | |
hdg to Pt 2................ | ad No 62, 2014 | |
Div. 1 of Part 4............. | rs. No. 20, 1999 | |
| rep No 62, 2014 | |
ss. 17, 18................. | rep. No. 20, 1999 | |
s. 19.................... | rs. No. 20, 1999 | |
| rep No 62, 2014 | |
Div. 1A of Part 4............ | ad. No. 20, 1999 | |
| rep No 62, 2014 | |
s. 20.................... | rs. No. 20, 1999 | |
| am. No. 8, 2005; No. 89, 2011 | |
| rep No 62, 2014 | |
Note to s. 20(1)............. | ad. No. 166, 2007 | |
| rep No 62, 2014 | |
Note to s. 20(4)............. | ad. No. 8, 2005 | |
| rep No 62, 2014 | |
s. 21.................... | rs. No. 20, 1999 | |
| am. No. 8, 2005 | |
| rep No 62, 2014 | |
Note to s. 21(1)............. | rep. No. 8, 2005 | |
Notes 1, 2 to s. 21(1)......... | ad. No. 8, 2005 | |
| rep No 62, 2014 | |
Note 3 to s. 21(1)........... | ad. No. 166, 2007 | |
| rep No 62, 2014 | |
s. 22.................... | rs. No. 20, 1999 | |
| am. No. 25, 2012 | |
| rep No 62, 2014 | |
ss. 23–25................. | rep. No. 20, 1999 | |
Div 2 of Pt 4.............. | rep No 62, 2014 | |
s. 26.................... | am. No. 20, 1999; No. 90, 2008; No. 25, 2012 | |
| rep No 62, 2014 | |
Note to s. 26............... | rep. No. 25, 2012 | |
s. 27.................... | am. No. 20, 1999; No. 90, 2008; No. 25, 2012 | |
| rep No 62, 2014 | |
Div 3 of Pt 4.............. | rep No 62, 2014 | |
Heading to s. 28............ | rs. No. 166, 2007 | |
| rep No 62, 2014 | |
s. 28.................... | am. No. 20, 1999; No. 166, 2007 | |
| rep No 62, 2014 | |
s. 29.................... | rep. No. 20, 1999 | |
s. 30.................... | rs. No. 20, 1999; No. 166, 2007 | |
| rep No 62, 2014 | |
s. 30A................... | ad. No. 80, 2000 | |
| am. No. 166, 2007 | |
| rep No 62, 2014 | |
Heading to s. 31............ | rs. No. 148, 2010 | |
| rep No 62, 2014 | |
s. 31.................... | am. No. 20, 1999 | |
| rs. No. 166, 2007 | |
| rep No 62, 2014 | |
Subhead. to s. 32(5).......... | am. No. 5, 2011 | |
| rep No 62, 2014 | |
s. 32.................... | rs. No. 166, 2007 | |
| am. No. 5, 2011 | |
| rep No 62, 2014 | |
Div. 3A of Part 4............ | ad. No. 166, 2007 | |
| rep No 62, 2014 | |
Subhead. to s. 32A(4)......... | rs. No. 25, 2012 | |
| rep No 62, 2014 | |
s. 32A................... | ad. No. 166, 2007 | |
| rep No 62, 2014 | |
hdg to Div 3B of Pt 4......... | rep No 62, 2014 | |
Div. 3B of Part 4............ | ad. No. 77, 2012 | |
hdg to s 32B............... | rs No 62, 2014 | |
s. 32B................... | ad. No. 77, 2012 | |
| am No 62, 2014 | |
Note to s 32B(1)............ | ad No 62, 2014 | |
Note to s 32B(2)............ | ad No 62, 2014 | |
Note 1 to s 32B(2)........... | rep No 62, 2014 | |
Note 2 to s 32B(2)........... | rep No 62, 2014 | |
s. 32C................... | ad. No. 77, 2012 | |
| am No 62, 2014 | |
Note to s 32C(3)............ | ad No 62, 2014 | |
Note 1 to s 32C(3)........... | rep No 62, 2014 | |
Note 2 to s 32C(3)........... | rep No 62, 2014 | |
s. 32D................... | ad. No. 77, 2012 | |
| rs No 62, 2014 | |
s 32DA.................. | ad No 62, 2014 | |
s 32DB.................. | ad No 62, 2014 | |
s. 32E................... | ad. No. 77, 2012 | |
| rep No 62, 2014 | |
Div 4 of Pt 4.............. | rep No 62, 2014 | |
s. 33.................... | am. No. 30, 2006; No. 90, 2008 | |
| rep No 62, 2014 | |
Note to s. 33(1)............. | ad. No. 90, 2008 | |
| rep No 62, 2014 | |
Note to s. 33(3)............. | ad. No. 30, 2006 | |
| am. No. 90, 2008 | |
| rep No 62, 2014 | |
s. 34.................... | am. No. 90, 2008 | |
| rep No 62, 2014 | |
Note to s. 34(1)............. | ad. No. 90, 2008 | |
| rep No 62, 2014 | |
s. 35.................... | am. No. 20, 1999 | |
| rep. No. 90, 2008 | |
| ad. No. 25, 2012 | |
| rep No 62, 2014 | |
s. 36.................... | am. No. 5, 2011 | |
| rep No 62, 2014 | |
Heading to Part 5........... | rs. No. 148, 2010 | |
| rep No 62, 2014 | |
s 37.................... | rep No 62, 2014 | |
s 38.................... | rep No 62, 2014 | |
s. 39.................... | rs. No. 20, 1999 | |
| am. Nos. 78 and 90, 2008 | |
| rep No 62, 2014 | |
Note to s. 39(6)............. | am. No. 90, 2008 | |
| rep No 62, 2014 | |
s. 39A................... | ad. No. 148, 2010 | |
| rep No 62, 2014 | |
s. 39B................... | ad. No. 53, 2013 | |
| am No 62, 2014 | |
Note to s 39B(3)............ | rs No 62, 2014 | |
s. 40.................... | am. No. 90, 2008 | |
| rs No 62, 2014 | |
s. 41.................... | am. No. 90, 2008 | |
| rs No 62, 2014 | |
Pt 6.................... | rep No 62, 2014 | |
s 42.................... | rep No 62, 2014 | |
s. 43.................... | am. No. 90, 2008 | |
| rep No 62, 2014 | |
Part 6A.................. | ad. No. 148, 2010 | |
| rep No 62, 2014 | |
s. 43A................... | ad. No. 148, 2010 | |
| rep No 62, 2014 | |
Pt 7.................... | rep No 62, 2014 | |
Heading to s. 44............ | am. No. 90, 2008; No. 148, 2010 | |
| rs. No. 25, 2012 | |
| rep No 62, 2014 | |
s. 44.................... | am. No. 90, 2008; No. 148, 2010; No. 77, 2012 | |
| rep No 62, 2014 | |
Note to s. 44(1)............. | ad. No. 90, 2008 | |
| rep. No. 77, 2012 | |
s. 44A................... | ad. No. 90, 2008 | |
| rep No 62, 2014 | |
s 45.................... | rep No 62, 2014 | |
s. 46.................... | rs. No. 90, 2008 | |
| am. No. 89, 2011 | |
| rep No 62, 2014 | |
s 47.................... | rep No 62, 2014 | |
s 48.................... | rep No 62, 2014 | |
s 49.................... | rep No 62, 2014 | |
Heading to s. 50............ | am. No. 90, 2008 | |
| rep No 62, 2014 | |
s. 50.................... | am. No. 90, 2008 | |
| rep No 62, 2014 | |
s. 51.................... | rs. No. 90, 2008 | |
| rep No 62, 2014 | |
s. 52.................... | am. No. 89, 2011 | |
| rep No 62, 2014 | |
s. 53.................... | am. No. 20, 1999; No. 8, 2005; No. 166, 2007 | |
| rep No 62, 2014 | |
Pt 8.................... | rep No 62, 2014 | |
s. 54.................... | rs. No. 20, 1999 | |
| rep No 62, 2014 | |
s 55.................... | rep No 62, 2014 | |
s 56.................... | rep No 62, 2014 | |
s 57.................... | rep No 62, 2014 | |
Pt 3 |
| |
hdg to Pt 9................ | rep No 62, 2014 | |
hdg to Pt 3................ | ad No 62, 2014 | |
Heading to s. 58............ | am. No. 30, 2006 | |
| rep No 62, 2014 | |
s. 58.................... | am. No. 30, 2006; No. 46, 2011 | |
| rep No 62, 2014 | |
s. 59.................... | am. No. 8, 2005 | |
| rep. No. 90, 2008 | |
s. 60.................... | am. No. 90, 2008 | |
| rep No 62, 2014 | |
s. 61.................... | rep. No. 137, 2000 | |
s. 62.................... | am. No. 148, 2010; No. 25, 2012; No. 53, 2013 | |
| rep No 62, 2014 | |
s. 62A................... | ad. No. 20, 1999 | |
| rs. No. 78, 2008 | |
| am. No. 148, 2010 | |
| rep No 62, 2014 | |
s. 63.................... | am. No. 90, 2008 | |
| rep No 62, 2014 | |
s. 64.................... | am. No. 90, 2008; No. 89, 2011 | |
| rep No 62, 2014 | |
s. 65.................... | am. No. 90, 2008; No. 25, 2012; No 62, 2014 | |
Appendix A............... | rep. No. 20, 1999 | |