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COAG Reform Fund Act 2008

Authoritative Version
  • - C2019C00195
  • In force - Superseded Version
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Act No. 156 of 2008 as amended, taking into account amendments up to Interstate Road Transport Legislation (Repeal) Act 2018
An Act to establish the COAG Reform Fund, and for other purposes
Administered by: Treasury
Registered 01 Jul 2019
Start Date 01 Jul 2019
End Date 31 Aug 2019

Commonwealth Coat of Arms of Australia

COAG Reform Fund Act 2008

No. 156, 2008

Compilation No. 9

Compilation date:                              1 July 2019

Includes amendments up to:            Act No. 35, 2018

Registered:                                         1 July 2019

 

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 1 July 2019 (the compilation date).

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 the Legislation Register (www.legislation.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 the Legislation Register 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 the Legislation Register 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

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.................................................. 3

Part 3—Terms and conditions of grants                                                                  4

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

8............ Delegation by a Minister..................................................................... 5

Endnotes                                                                                                                                      6

Endnote 1—About the endnotes                                                                              6

Endnote 2—Abbreviation key                                                                                  8

Endnote 3—Legislation history                                                                               9

Endnote 4—Amendment history                                                                           11


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 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 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 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); 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

                     (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 or the Education Investment 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 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 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

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

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.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

 

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 (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)
Remainder: 8 Nov 2012 (s 2(1) item 1)

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: 1 July 2014 (s 2(1) items 6, 14)

Sch 14

as amended by

 

 

 

 

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

 

 

 

 

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 486): awaiting commencement (s 2(1) item 2)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 495): awaiting commencement (s 2(1) item 2)

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)
Sch 2 (items 1–4): 29 Oct 2015 (s 2(1) item 3)

Interstate Road Transport Legislation (Repeal) Act 2018

35, 2018

22 May 2018

Sch 2 (items 3–5, 9, 12): 1 July 2019 (s 2(1) item 3)

Sch 2 (items 9, 12)

 

Endnote 4—Amendment history

 

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; No 35, 2018

s 6........................................

am No 62, 2014

Part 3

 

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

am No 12, 2009; No 86, 2013; No 117, 2015; No 35, 2018

s 8........................................

am No 46, 2011