Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to establish the COAG Reform Fund, and for other purposes
Administered by: Treasury
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 23 Oct 2008
Introduced HR 23 Oct 2008

2008

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

COAG Reform Fund Bill 2008

 

No.      , 2008

 

(Treasury)

 

 

 

A Bill for an Act to establish the COAG Reform Fund, and for other purposes

  

  

  


Contents

Part 1—Preliminary                                                                                                               1

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Simplified outline................................................................................ 2

4............ Crown to be bound............................................................................. 2

Part 2—COAG Reform Fund                                                                                           3

5............ Establishment of the COAG Reform Fund........................................ 3

6............ Purpose of the COAG Reform Fund................................................. 3

Part 3—Terms and conditions of grants                                                                     4

7............ Terms and conditions of grants.......................................................... 4

8............ Delegation by a Minister.................................................................... 4

 


A Bill for an Act to establish the COAG Reform Fund, and for other purposes

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   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:

•      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.

4  Crown to be bound

                   This Act binds the Crown in each of its capacities.


 

Part 2COAG 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.

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 3Terms 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 72(2);

                             (ii)  subsection 77(2);

                            (iii)  subsection 163(2);

                            (iv)  subsection 231(2).

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:          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.

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.