COAG Reform Fund Act 2008

Act No. 156 of 2008 as amended

This compilation was prepared on 6 April 2009
taking into account amendments up to Act No. 12 of 2009

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part 1—Preliminary

1 Short title [see Note 1]

2 Commencement

3 Simplified outline

4 Crown to be bound

Part 2—COAG Reform Fund

5 Establishment of the COAG Reform Fund

6 Purpose of the COAG Reform Fund

Part 3—Terms and conditions of grants

7 Terms and conditions of grants

8 Delegation by a Minister

Notes 

An Act to establish the COAG Reform Fund, and for other purposes

Part 1—Preliminary

1  Short title [see Note 1]

  This Act may be cited as the COAG Reform Fund Act 2008.

2  Commencement

  This Act commences on 1 January 2009.

3  Simplified outline

  The following is a simplified outline of this Act:

4  Crown to be bound

  This Act binds the Crown in each of its capacities.

Part 2—COAG Reform Fund

5  Establishment of the COAG Reform Fund

 (1) The COAG Reform Fund is established by this section.

 (2) The COAG Reform Fund is a Special Account for the purposes of the Financial Management and Accountability Act 1997.

Note 1: An Appropriation Act may contain a provision to the effect that, if any of the purposes of a Special Account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the Special Account), then amounts may be debited against the appropriation for that item and credited to that Special Account.

Note 2: An amount originating in the Building Australia Fund, the Education Investment Fund or the Health and Hospitals Fund may be transferred to the COAG Reform Fund—see the Nation‑building Funds Act 2008.

Note 3: An amount may be credited to the COAG Reform Fund under section 9 or 16 of the Federal Financial Relations Act 2009.

Note 4: An amount may be credited to the COAG Reform Fund under section 23 of the Interstate Road Transport Act 1985.

Note 5: An amount may be credited to the COAG Reform Fund under section 75 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

6  Purpose of the COAG Reform Fund

  The purpose of the COAG Reform Fund is the making of grants of financial assistance to the States and Territories.

Note: See section 21 of the Financial Management and Accountability Act 1997 (debits from Special Accounts).

Part 3—Terms and conditions of grants

7  Terms and conditions of grants

Scope

 (1) This section applies if:

 (a) an amount is to be debited from the COAG Reform Fund for the purpose of making a grant of financial assistance to a State or Territory; and

 (b) the grant is not covered by any of the following provisions of the Nation‑building Funds Act 2008:

 (i) subsection 92(2);

 (ii) subsection 97(2);

 (iii) subsection 102(2);

 (iv) subsection 107(2);

 (v) subsection 197(2);

 (vi) subsection 265(2); and

 (c) the grant is not covered by subsection 23(2) of the Interstate Road Transport Act 1985; and

 (d) the grant is not covered by section 75 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Terms and conditions

 (2) 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 State or Territory.

 (3) An agreement under subsection (2) may be entered into by a Minister on behalf of the Commonwealth.

Note 1: The provisions referred to in paragraph (1)(b) deal with the channelling of State/Territory grants payments through the COAG Reform Fund. Those grants are made out of money originating in the Building Australia Fund, the Education Investment Fund or the Health and Hospitals Fund. For terms and conditions of those grants, see the Nation‑building Funds Act 2008.

Note 2: The provision referred to in paragraph (1)(c) deals with the channelling, through the COAG Reform Fund, of State/Territory grants payments from the Interstate Road Transport Account continued in existence by subsection 21(1) of the Interstate Road Transport Act 1985. For terms and conditions of those grants, see the Interstate Road Transport Act 1985.

Note 3: The provision referred to in paragraph (1)(d) deals with the channelling, through the COAG Reform Fund, of certain payments to Western Australia under the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

8  Delegation by a Minister

 (1) A Minister may, by writing, delegate any or all of his or her powers under section 7 to:

 (a) the Secretary of a Department; or

 (b) an SES employee, or acting SES employee, in a Department.

Note: The expressions SES employee and acting SES employee are defined in section 17AA of the Acts Interpretation Act 1901.

 (2) In exercising powers under a delegation, the delegate must comply with any directions of the Minister concerned.

Notes to the COAG Reform Fund Act 2008

Note 1

The COAG Reform Fund Act 2008 as shown in this compilation comprises Act No. 156, 2008 amended as indicated in the Tables below.

Table of Acts

Table of Amendments