Federal Register of Legislation - Australian Government

Primary content

Regulations as made
This instrument amends the Financial Framework (Supplementary Powers) Regulations 1997 to establish legislative authority for government spending on certain activities administered by the Department of Home Affairs.
Administered by: Finance
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 28A
Registered 17 Dec 2021
Tabling HistoryDate
Tabled HR08-Feb-2022
Tabled Senate08-Feb-2022
To be repealed 01 Dec 2022
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
07-Sep-2022
Expiry Date:
30-Nov-2022
House:
Senate
Details:
Full
Resolution:
Resolution Date:
Resolution Time:
Provisions:
Table of contents.

Commonwealth Coat of Arms of Australia

 

Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 4) Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 16 December 2021

David Hurley

Governor‑General

By His Excellency’s Command

Simon Birmingham

Minister for Finance

 

 

 

  

  


Contents

1............ Name............................................................................................................................. 1

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

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Financial Framework (Supplementary Powers) Regulations 1997                                             2

 


1  Name

                   This instrument is the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 4) Regulations 2021.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

18 December 2021

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Financial Framework (Supplementary Powers) Act 1997.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Financial Framework (Supplementary Powers) Regulations 1997

1  In the appropriate position in Part 4 of Schedule 1AB (table)

Insert:

 

513

Community Refugee Integration and Settlement Pilot

To fund providers to implement a pilot which tests whether Australia can achieve strong integration outcomes through a community‑supported settlement model that provides a dedicated settlement pathway to refugees and humanitarian entrants to Australia, as a measure with respect to aliens (within the meaning of paragraph 51(xix) of the Constitution).

This objective also has the effect it would have if it were limited to measures with respect to immigrants.

514

Economic Pathways to Refugee Integration

To provide support to organisations to implement initiatives that lift the rate of refugee and humanitarian entrants’ economic participation, including initiatives which help refugees and humanitarian entrants to:

(a) concurrently build English language abilities and vocational skills in areas of workforce shortage; or

(b) start their own businesses; or

(c) relocate to areas of workforce shortage in regional Australia; or

(d) directly access a role with a large employer;

as a measure with respect to aliens (within the meaning of paragraph 51(xix) of the Constitution).

This objective also has the effect it would have if it were limited to providing support:

(a) involving the provision of, or incidental to the provision of, unemployment benefits or benefits to students (within the meaning of paragraph 51(xxiiiA) of the Constitution); or

(b) for measures with respect to immigrants; or

(c) to give effect to Australia’s obligations under one or more of the following:

(i) the Convention on the Elimination of All Forms of Discrimination against Women, particularly Articles 3 and 11;

(ii) the Convention relating to the Status of Refugees, particularly Article 17;

(iii) the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 6;

(iv) the International Convention on the Elimination of All Forms of Racial Discrimination, particularly Articles 2 and 5;

(v) the International Labour Organization’s Convention concerning Employment Policy, particularly Articles 1 and 2;

(vi) the International Labour Organization’s Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources, particularly Articles 1 to 4; or

(d) for measures that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation; or

(e) for measures undertaken in, or in relation to, a Territory.

2  In the appropriate position in Part 4 of Schedule 1AB (table)

Insert:

 

524

Assisted Passage Program

To provide funding for health screening, assisted passage and related costs of people approved for entry to Australia under the refugee component of the offshore Humanitarian Program, as a measure with respect to aliens (within the meaning of paragraph 51(xix) of the Constitution).

This objective also has the effect it would have if it were limited to measures:

(a) with respect to immigrants; or

(b) with respect to places, persons, matters or things external to Australia.

525

National Cybercrime Capability Fund

To provide funding to Commonwealth, State and Territory agencies to improve Australia’s cybercrime law enforcement capabilities, including for:

(a) training to enhance cybercrime investigative skills; and

(b) measures to support the sharing of cybercrime intelligence between the Commonwealth and the States and Territories; and

(c) improved support for victims of cybercrime.

This objective has the effect it would have if it were limited to measures:

(a) with respect to postal, telegraphic, telephonic, and other like services (within the meaning of paragraph 51(v) of the Constitution); or

(b) to give effect to Australia’s obligations under the Convention on Cybercrime, particularly Article 14; or

(c) involving the granting of financial assistance to a State or Territory; or

(d) undertaken in, or in relation to, a Territory.