Financial Framework (Supplementary Powers) Act 1997

Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

If this Act does not commence under subsection (1) by 1 July in the next calendar year after the calendar year in which this Act receives the Royal Assent, it commences on that 1 July.

to make arrangements under which relevant money and other CRF money can be spent, or to make grants of financial assistance; and

to form, or otherwise be involved in, companies.

The Commonwealth may make, vary or administer:

an arrangement under which relevant money or other CRF money is, or may become, payable by the Commonwealth; or

a grant of financial assistance to a State or Territory; or

a grant of financial assistance to a person other than a State or Territory.

However, the Commonwealth may only make, vary or administer an arrangement or grant under subsection (1) if the arrangement or grant, as the case may be:

is specified in the regulations; or

is included in a class of arrangements or grants, as the case may be, specified in the regulations; or

is for the purposes of a program specified in the regulations.

The Public Governance, Performance and Accountability Act 2013 deals with the use and management of public resources (including relevant money and other CRF money).

A power conferred on the Commonwealth by subsection (1) may be exercised on behalf of the Commonwealth by a Minister or an accountable authority of a non‑corporate Commonwealth entity.

For the power to delegate, see section 32D.

In this section:

in relation to an arrangement—includes give effect to; or

in relation to a grant—includes make, vary or administer an arrangement that relates to the grant.

vary in accordance with the terms or conditions of the arrangement or grant, as the case may be; or

vary with the consent of the non‑Commonwealth party or parties to the arrangement or grant, as the case may be.

This section applies to a grant of financial assistance under section 32B.

If the recipient of the grant is a State or Territory, 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 recipient.

An agreement under subsection (2) may be entered into on behalf of the Commonwealth by a Minister or an accountable authority of a non‑corporate Commonwealth entity.

For the power to delegate, see section 32D.

If the recipient of the grant is a person other than a State or Territory, subsection (2) does not, by implication, prevent the grant from being made subject to terms and conditions.

A Minister may, by writing, delegate any or all of his or her powers under section 32B or 32C to an official of any non‑corporate Commonwealth entity.

An accountable authority may delegate a power delegated under this section (see section 32DA).

In exercising powers under a delegation, the delegate must comply with any directions of the Minister concerned.

An accountable authority of a non‑corporate Commonwealth entity may, by writing, delegate any or all of his or her powers under section 32B or 32C to an official of any non‑corporate Commonwealth entity.

In exercising powers under a delegation, the delegate must comply with any directions of the accountable authority concerned.

An accountable authority of a non‑corporate Commonwealth entity may, by writing, delegate to an official (the second delegate) of any non‑corporate Commonwealth entity powers and functions that have been delegated to the accountable authority by a Minister under section 32D.

The power or function, when exercised or performed by the second delegate, is taken for the purposes of this Act to have been exercised or performed by the Minister.

If the accountable authority is subject to directions in relation to the exercise of a power, or the performance of a function, delegated to the accountable authority under section 32D, then:

the accountable authority must give corresponding directions to the second delegate; and

the accountable authority may give other directions (not inconsistent with those corresponding directions) to the second delegate in relation to the exercise of that power or the performance of that function.

The second delegate must comply with any directions of the accountable authority.