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COAG Reform Fund Act 2008

Authoritative Version
  • - C2012C00816
  • In force - Superseded Version
  • View Series
Act No. 156 of 2008 as amended, taking into account amendments up to Social and Community Services Pay Equity Special Account (Consequential Amendments) Act 2012
An Act to establish the COAG Reform Fund, and for other purposes
Administered by: Treasury
Registered 13 Nov 2012
Start Date 08 Nov 2012
End Date 30 Jun 2014

COAG Reform Fund Act 2008

Act No. 156 of 2008 as amended

This compilation was prepared on 13 November 2012
taking into account amendments up to Act No. 151 of 2012

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 Parliamentary Counsel, Canberra

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title [see Note 1]........................................................................ 1

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

3............ Simplified outline................................................................................ 1

4............ Crown to be bound............................................................................. 1

Part 2—COAG Reform Fund                                                                                       2

5............ Establishment of the COAG Reform Fund......................................... 2

6............ Purpose of the COAG Reform Fund.................................................. 2

Part 3—Terms and conditions of grants                                                                  3

7............ Terms and conditions of grants........................................................... 3

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

Notes                                                                                                                                               5


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

Part 1Preliminary

  

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:

•      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.

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.

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 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 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.


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.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

COAG Reform Fund Act 2008

156, 2008

18 Dec 2008

1 Jan 2009

 

Federal Financial Relations (Consequential Amendments and Transitional Provisions) Act 2009

12, 2009

26 Mar 2009

Schedule 2 (items 1–4): 1 Apr 2009 (see s. 2(1))

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Schedule 2 (item 370) and Schedule 3 (items 10, 11): 27 Dec 2011

Sch. 3 (items 10, 11)

Social and Community Services Pay Equity Special Account (Consequential Amendments) Act 2012

151, 2012

8 Nov 2012

Schedule 1: 8 Nov 2012 (see s. 2(1))
Remainder: Royal Assent


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Part 2

 

Note 3 to s. 5......................

ad. No. 12, 2009

Note 4 to s. 5......................

ad. No. 12, 2009

Note 5 to s. 5......................

ad. No. 12, 2009

Note 6 to s. 5......................

ad. No. 151, 2012

Part 3

 

S. 7......................................

am. No. 12, 2009

Note to s. 7(3)
Renumbered Note 1.......


No. 12, 2009

Note 2 to s. 7(3)..................

ad. No. 12, 2009

Note 3 to s. 7(3)..................

ad. No. 12, 2009

Note to s. 8(1).....................

am. No. 46, 2011


Table A

Application, saving or transitional provisions

Acts Interpretation Amendment Act 2011 (No. 46, 2011)

Schedule 3

10  Saving—appointments

The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.

11  Transitional regulations

The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.