COAG Reform Fund Act 2008
No. 156, 2008
Compilation No. 7
Compilation date: 27 August 2015
Includes amendments up to: Act No. 117, 2015
Registered: 9 September 2015
About this compilation
This compilation
This is a compilation of the COAG Reform Fund Act 2008 that shows the text of the law as amended and in force on 27 August 2015 (the compilation date).
This compilation was prepared on 1 September 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
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
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to establish the COAG Reform Fund, and for other purposes
This Act may be cited as the COAG Reform Fund Act 2008.
This Act commences on 1 January 2009.
The following is a simplified outline of this Act:
• This Act establishes the COAG Reform Fund.
• The purpose of the COAG Reform Fund is the making of grants of financial assistance to the States and Territories.
• The terms and conditions on which financial assistance is granted are to be set out in a written agreement between the Commonwealth and the State or Territory.
This Act binds the Crown in each of its capacities.
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 Public Governance, Performance and Accountability Act 2013.
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 2A: An amount originating in the DisabilityCare Australia Fund may be transferred to the COAG Reform Fund—see the DisabilityCare Australia Fund Act 2013.
Note 2AA: An amount originating in the Medical Research Future Fund may be transferred to the COAG Reform Fund—see the Medical Research Future Fund Act 2015.
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.
Note 6: An amount may be credited to the COAG Reform Fund under section 8 of the Social and Community Services Pay Equity Special Account Act 2012.
Note 7: An amount may be credited to the COAG Reform Fund under section 10 of the Fuel Indexation (Road Funding) Special Account Act 2015.
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 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with 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
(ba) the grant is not covered by subsection 21(2) of the DisabilityCare Australia Fund Act 2013; and
(baa) the grant is not covered by subsection 21(1) of the Medical Research Future Fund Act 2015; 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 1A: The provision referred to in paragraph (1)(ba) deals with the channelling, through the COAG Reform Fund, of State/Territory grants payments from the DisabilityCare Australia Fund established by the DisabilityCare Australia Fund Act 2013. For terms and conditions of those grants, see the DisabilityCare Australia Fund Act 2013.
Note 1AA: The provision referred to in paragraph (1)(baa) deals with the channelling, through the COAG Reform Fund, of State/Territory grants payments from the Medical Research Future Fund established by the Medical Research Future Fund Act 2015. For terms and conditions of those grants, see the Medical Research Future Fund Act 2015.
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.
(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 2B of the Acts Interpretation Act 1901.
(2) In exercising powers under a delegation, the delegate must comply with any directions of the Minister concerned.
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 abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
A = Act | o = order(s) |
ad = added or inserted | Ord = Ordinance |
am = amended | orig = original |
amdt = amendment | par = paragraph(s)/subparagraph(s) |
c = clause(s) | /sub‑subparagraph(s) |
C[x] = Compilation No. x | pres = present |
Ch = Chapter(s) | prev = previous |
def = definition(s) | (prev…) = previously |
Dict = Dictionary | Pt = Part(s) |
disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
Div = Division(s) | Reg = Regulation/Regulations |
exp = expires/expired or ceases/ceased to have | reloc = relocated |
effect | renum = renumbered |
F = Federal Register of Legislative Instruments | rep = repealed |
gaz = gazette | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s)/subsection(s) |
LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
(md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
effect | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
COAG Reform Fund Act 2008 | 156, 2008 | 18 Dec 2008 | 1 Jan 2009 (s 2) |
|
Federal Financial Relations (Consequential Amendments and Transitional Provisions) Act 2009 | 12, 2009 | 26 Mar 2009 | Sch 2 (items 1–4): 1 Apr 2009 (s 2(1) item 3) | — |
Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Sch 2 (item 370) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12) | Sch 3 (items 10, 11) |
Social and Community Services Pay Equity Special Account (Consequential Amendments) Act 2012 | 151, 2012 | 8 Nov 2012 | Sch 1: 8 Nov 2012 (s 2(1) item 2) | — |
DisabilityCare Australia Fund (Consequential Amendments) Act 2013 | 86, 2013 | 28 June 2013 | Sch 1 (items 1–3): 1 July 2014 (s 2(1) item 2) | — |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 8 (items 45–47) and Sch 14 (items 1–4): 1 July 2014 (s 2(1) items 6, 14) | Sch 14 (items 1–4) |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (item 7) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
Fuel Indexation (Road Funding) Act 2015 | 102, 2015 | 30 June 2015 | Sch 1 (item 1): 30 June 2015 (s 2(1) item 2) | — |
Medical Research Future Fund (Consequential Amendments) Act 2015 | 117, 2015 | 26 Aug 2015 | Sch 1 (items 1–3): 27 Aug 2015 (s 2(1) item 2) | — |
Provision affected | How affected |
Part 2 |
|
s 5..................... | am No 12, 2009; No 151, 2012; No 86, 2013; No 62, 2014; No 102, 2015; No 117, 2015 (Sch 2 item 1) |
Part 3 |
|
s 7..................... | am No 12, 2009; No 86, 2013; No 117, 2015 (Sch 2 items 2–4) |
s 8..................... | am No 46, 2011 |