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COAG Reform Fund Act 2008

Authoritative Version
  • - C2014C00501
  • In force - Superseded Version
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Act No. 156 of 2008 as amended, taking into account amendments up to Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014
An Act to establish the COAG Reform Fund, and for other purposes
Administered by: Treasury
Registered 01 Aug 2014
Start Date 01 Jul 2014
End Date 29 Jun 2015

Description: Commonwealth Coat of Arms

COAG Reform Fund Act 2008

No. 156, 2008 as amended

Compilation start date:                     1 July 2014

Includes amendments up to:            Act No. 62, 2014

 

About this compilation

This compilation

This is a compilation of the COAG Reform Fund Act 2008 as in force on 1 July 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 31 July 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

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

Endnotes                                                                                                                                      5

Endnote 1—About the endnotes                                                                              5

Endnote 2—Abbreviation key                                                                                  7

Endnote 3—Legislation history                                                                               8

Endnote 4—Amendment history                                                                             9

Endnote 5—Uncommenced amendments [none]                                          10

Endnote 6—Modifications [none]                                                                         10

Endnote 7—Misdescribed amendments [none]                                             10

Endnote 8—Miscellaneous [none]                                                                        10


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

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 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 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 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with 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

                   (ba)  the grant is not covered by subsection 21(2) of the DisabilityCare Australia Fund Act 2013; 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 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.


Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote 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 the compiled law. The information includes commencement information for amending laws and details of 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 level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

 

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(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 = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub‑Ch = Sub‑Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

/sub‑subparagraph(s)

 

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and 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

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): 1 July 2014 (s 2(1) item 6)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 2

 

s 5........................................

am No 62, 2014

Note 1 to s 5(2)....................

am No 62, 2014

Note 2A to s 5(2).................

ad No 86, 2013

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

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

rs No 62, 2014

Part 3

 

s. 7.......................................

am. No. 12, 2009; No 86, 2013

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


No. 12, 2009

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

ad No 86, 2013

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

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]