1Short title
This Act may be cited as the Federation Reform Fund Act 2008.
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Bill homepage (APH)This Act may be cited as the Federation Reform Fund Act 2008.
This Act commences on 1 January 2009.
The following is a simplified outline of this Act:
• This Act establishes the Federation Reform Fund.
• The purpose of the Federation 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.
This Act binds the Crown in each of its capacities.
The Federation Reform Fund is established by this section.
The Federation Reform Fund is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.
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 2A: An amount originating in the DisabilityCare Australia Fund may be transferred to the Federation 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 Federation Reform Fund—see the Medical Research Future Fund Act 2015.
Note 2AB: An amount originating in the Future Drought Fund may be transferred to the Federation Reform Fund—see the Future Drought Fund Act 2019.
Note 2AC: An amount originating in the Disaster Ready Fund may be transferred to the Federation Reform Fund—see the Disaster Ready Fund Act 2019.
Note 2AD: An amount originating in the Housing Australia Future Fund may be transferred to the Federation Reform Fund—see the Housing Australia Future Fund Act 2023.
An amount may be credited to the Federation Reform Fund under section 9 or 16 of the Federal Financial Relations Act 2009.
An amount may be credited to the Federation Reform Fund under section 75 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
Note 5A: An amount originating in the Confiscated Assets Account may be transferred to the Federation Reform Fund—see the Proceeds of Crime Act 2002.
An amount may be credited to the Federation Reform Fund under section 8 of the Social and Community Services Pay Equity Special Account Act 2012.
An amount may be credited to the Federation Reform Fund under section 10 of the Fuel Indexation (Road Funding) Special Account Act 2015.
The purpose of the Federation Reform Fund is the making of grants of financial assistance to the States and Territories.
See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).
Scope
This section applies if:
an amount is to be debited from the Federation Reform Fund for the purpose of making a grant of financial assistance to a State or Territory; and
the grant is not covered by subsection 21(2) of the DisabilityCare Australia Fund Act 2013; and
the grant is not covered by subsection 21(1) of the Medical Research Future Fund Act 2015; and
the grant is not covered by section 36AB of the Future Drought Fund Act 2019; and
the grant is not covered by section 33 of the Disaster Ready Fund Act 2019; and
the grant is not covered by section 30 of the Housing Australia Future Fund Act 2023; and
the grant is not covered by section 75 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and
the grant is not covered by section 298F of the Proceeds of Crime Act 2002.
Terms and conditions
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.
An agreement under subsection (2) may be entered into by a Minister on behalf of the Commonwealth.
Note 1A: The provision referred to in paragraph (1)(ba) deals with the channelling, through the Federation 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 Federation 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 1AB: The provision referred to in paragraph (1)(bab) deals with the channelling, through the Federation Reform Fund, of State/Territory grants payments from the Future Drought Fund established by the Future Drought Fund Act 2019. For terms and conditions of those grants, see the Future Drought Fund Act 2019.
Note 1AC: The provision referred to in paragraph (1)(bac) deals with the channelling, through the Federation Reform Fund, of State/Territory grants payments from the Disaster Ready Fund referred to in the Disaster Ready Fund Act 2019. For terms and conditions of those grants, see the Disaster Ready Fund Act 2019.
Note 1AD: The provision referred to in paragraph (1)(bad) deals with the channelling, through the Federation Reform Fund, of State/Territory grants payments from the Housing Australia Future Fund established by the Housing Australia Future Fund Act 2023. For terms and conditions of those grants, see the Housing Australia Future Fund Act 2023.
The provision referred to in paragraph (1)(d) deals with the channelling, through the Federation Reform Fund, of certain payments to Western Australia under the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
The provision referred to in paragraph (1)(e) deals with the channelling, through the Federation Reform Fund, of State/Territory grants payments from the Confiscated Assets Account established by the Proceeds of Crime Act 2002. For terms and conditions of those grants, see the Proceeds of Crime Act 2002.
A Minister may, by writing, delegate any or all of his or her powers under section 7 to:
the Secretary of a Department; or
an SES employee, or acting SES employee, in a Department.
The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
In exercising powers under a delegation, the delegate must comply with any directions of the Minister concerned.