Home and Community Care Act 1985

Where an agreement has, whether before or after the commencement of this Act, been entered into between the Commonwealth and a State, being an agreement that is substantially in accordance with the form set out in the Schedule, the Minister may, by writing, authorise payments (including advances) to be made to that State, by way of financial assistance to that State, in accordance with that agreement.

A reference in subsection (1) to an agreement that has been entered into between the Commonwealth and a State includes a reference to that agreement as varied, in accordance with the provisions of that agreement, by a further agreement a copy of which has been laid before each House of the Parliament as required by the first‑mentioned agreement.

An amount repayable by a State to the Commonwealth in accordance with a provision of an agreement referred to in subsection (1) is a debt due by the State to the Commonwealth.

In this section, State includes the Australian Capital Territory and the Northern Territory.

The Minister may, by writing, either generally or as otherwise provided by the instrument of delegation, delegate to any officer of the Department or to a person performing the duties of an office in the Department all or any of the Minister’s powers under this Act, other than this power of delegation.

A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.

A delegation of a power under this section does not prevent the exercise of the power by the Minister.