1998‑1999‑2000‑2001

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Alcohol Education and Rehabilitation Account Bill 2001

No.      , 2001

(Health and Aged Care)

A Bill for an Act to establish the Alcohol Education and Rehabilitation Account, and for related purposes

  
ISBN:  0642 459398

Contents
Part 1—Preliminary	1
1	Short title	1
2	Commencement	2
3	Object of this Act	2
4	Definitions	2
Part 2—The Alcohol Education and Rehabilitation Account	4
5	Establishment of the Account	4
6	Credits to the Account	4
7	Purpose of the Account	4
8	Money in Account to be paid out before 1 July 2005	4
Part 3—Funding agreements	5
9	Funding agreement with the Foundation	5
10	Determination to terminate agreement with Foundation	5
11	Replacement bodies	5
12	Funding agreement with a replacement body	6
13	Determination to terminate agreement with replacement body	6
14	Tabling of the funding agreements etc.	6

A Bill for an Act to establish the Alcohol Education and Rehabilitation Account, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
  
1  Short title
		This Act may be cited as the Alcohol Education and Rehabilitation Account Act 2001.
2  Commencement
		This Act commences on the day on which it receives the Royal Assent.
3  Object of this Act
		The object of this Act is to establish the Alcohol Education and Rehabilitation Account to provide, by 1 July 2005, at least $115 million to the Foundation, or one or more replacement bodies, to be expended on one or more of the following purposes:
	(a)	to prevent alcohol and other licit substance abuse, including petrol sniffing, particularly among vulnerable population groups such as indigenous Australians and youth;
	(b)	to support evidence‑based alcohol and other licit substance abuse treatment, rehabilitation, research and prevention programs;
	(c)	to promote community education encouraging responsible consumption of alcohol and highlighting the dangers of licit substance abuse;
	(d)	to promote public awareness of the work of the Foundation or body and raise funds from the private sector for the ongoing work of the Foundation or body;
	(e)	to provide funding grants to organisations with appropriate community linkages to deliver the services referred to in the above paragraphs.
4  Definitions
		In this Act, unless the contrary intention appears:
Account means the Alcohol Education and Rehabilitation Account established under section 5.
Foundation means the Alcohol Education and Rehabilitation Foundation Limited or the Alcohol Education and Rehabilitation Foundation.
funding agreement means an agreement made under section 9 or 12.
replacement body means a body in relation to which a determination under subsection 11(1) is in force.

Part 2—The Alcohol Education and Rehabilitation Account
  
5  Establishment of the Account
	(1)	There is hereby established the Alcohol Education and Rehabilitation Account.
	(2)	The Account is a Special Account for the purposes of the Financial Management and Accountability Act 1997.
6  Credits to the Account
		There must be credited to the Account:
	(a)	$10 million on the day on which this Act receives the Royal Assent; and
	(b)	$24 million on 1 July 2002; and
	(c)	$40 million on 1 July 2003; and
	(d)	$41 million on 1 July 2004; and
	(e)	an amount that the Foundation or a replacement body repays to the Commonwealth under a funding agreement.
7  Purpose of the Account
		The purpose of the Account is to make payments in accordance with a funding agreement.
8  Money in Account to be paid out before 1 July 2005
	(1)	Money standing to the credit of the Account must be paid out under one or more funding agreements before 1 July 2005.
	(2)	A reference in this section to money being paid out of the Account is a reference to an amount being paid out of the Consolidated Revenue Fund and debited from the Account.

Part 3—Funding agreements
  
9  Funding agreement with the Foundation
		The Minister may, on behalf of the Commonwealth, make an agreement with the Foundation authorising the making of one or more payments to the Foundation.
10  Determination to terminate agreement with Foundation
	(1)	The Minister may determine in writing that an agreement with the Foundation under section 9 is terminated if:
	(a)	the objectives of the Foundation are inconsistent with any of the purposes referred to in section 3; or
	(b)	the Foundation fails to comply with a condition of the agreement.
	(2)	A determination of the Minister under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
11  Replacement bodies
	(1)	If a determination under section 10 is in force, then the Minister may determine in writing that one or more specified bodies is a replacement body.
	(2)	The Minister must not make a determination under subsection (1) in relation to a body if the objectives of the body are inconsistent with one or more of the purposes referred to in section 3.
	(3)	A determination of the Minister under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
12  Funding agreement with a replacement body
		The Minister may, on behalf of the Commonwealth, make an agreement with a replacement body authorising the making of one or more payments to the body.
13  Determination to terminate agreement with replacement body
	(1)	The Minister may determine in writing that an agreement with a replacement body under section 12 is terminated if:
	(a)	the objectives of the body are inconsistent with any of the purposes referred to in section 3; or
	(b)	the body fails to comply with a condition of the agreement.
	(2)	A determination of the Minister under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
14  Tabling of the funding agreements etc.
		The Minister must cause a copy of each funding agreement, and any variation to the agreement, to be tabled in each House of the Parliament within 15 sitting days of that House after it is entered into.