Disaster Ready Fund Act 2019 (Cth)

Disaster Ready Fund Act 2019 No. 90, 2019 Compilation No. 4 Compilation date: 6 July 2024 Includes amendments: Act No. 54, 2024 Registered: 18 July 2024 About this compilation This compilation This is a compilation of the Disaster Ready Fund Act 2019 that shows the text of the law as amended and in force on 6 July 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Simplified outline of this Act 4 Definitions 5 Crown to be bound 6 Extension to external Territories 7 Extra‑territorial application Part 2—Disaster Ready Fund Division 1—Introduction 8 Simplified outline of this Part Division 2—Establishment of the Disaster Ready Fund and the Disaster Ready Fund Special Account 9 Disaster Ready Fund 9A Transitional—investments of the Disaster Ready Fund 12 Disaster Ready Fund Special Account Division 3—Credits of amounts to the Disaster Ready Fund Special Account 13 Credits of amounts Division 4—Debits of amounts from the Disaster Ready Fund 14 Main purposes of the Disaster Ready Fund Special Account 15 Purposes of the Disaster Ready Fund Special Account—purposes related exclusively to the investments etc. of the Disaster Ready Fund 16 Purposes of the Disaster Ready Fund Special Account—purposes not related exclusively to the Disaster Ready Fund 17 Future Fund Board must ensure that the balance of the Disaster Ready Fund Special Account is sufficient to cover authorised debits etc. 18 Transfers from the Disaster Ready Fund to the Future Fund Part 3—Arrangements and grants relating to natural disasters Division 1—Introduction 19 Simplified outline of this Part Division 2—Arrangements and grants 20 Arrangements and grants 21 Terms and conditions of grants 22 Emergency Management Minister has powers etc. of the Commonwealth 23 Conferral of powers on the Emergency Management Minister 24 Constitutional limits 25 Executive power of the Commonwealth 26 Publication of information relating to arrangements and grants 26A Annual report regarding arrangements and grants 26B Review of arrangements and grants Division 3—Disaster Ready Fund Payments Special Account 27 Disaster Ready Fund Payments Special Account 28A Transfers from the Disaster Ready Fund Special Account to the Disaster Ready Fund Payments Special Account—resilience etc. 29 Other credits to the Disaster Ready Fund Payments Special Account 30 Purposes of the Disaster Ready Fund Payments Special Account 31 Excess balance of the Disaster Ready Fund Payments Special Account must be transferred to the Disaster Ready Fund Special Account Division 4—Channelling State/Territory grants through the Federation Reform Fund 32A Channelling State/Territory grants through the Federation Reform Fund—resilience etc. 33 Debits from the Federation Reform Fund Division 5—Limitation on total annual debits from the Disaster Ready Fund Special Account 34 Limitation on total annual debits from the Disaster Ready Fund Special Account 34A Determinations—advice given by the Future Fund Board Part 4—Investment of the Disaster Ready Fund 35 Simplified outline of this Part 36 Objects of investment of the Disaster Ready Fund 37 Investment of the Disaster Ready Fund 38 Management of investments of the Disaster Ready Fund 39 Disaster Ready Fund Investment Mandate 40 Obligation on Future Fund Board in performing investment functions 41 Limitation on Disaster Ready Fund Investment Mandate 42 Future Fund Board to be consulted on Disaster Ready Fund Investment Mandate 43 Compliance with Disaster Ready Fund Investment Mandate 44 Future Fund Board must not trigger the takeover provisions of the Corporations Act 2001 45 Borrowing 46 Disaster Ready Fund investment policies 47 Derivatives 48 Additional financial assets 49 Securities lending arrangements 50 Investment managers 51 Refund of franking credits 52 Realisation of non‑financial assets 53 Additional function of the Future Fund Board Part 5—Reporting obligations etc. 54 Simplified outline of this Part 55 Finance Minister may require Future Fund Board to prepare reports or give information 56 Keeping the responsible Ministers informed etc. 57 Finance Minister may give reports, documents and other information to other Ministers Part 6—Miscellaneous 58 Simplified outline of this Part 59 Delegation by the Finance Minister 60 Delegation by the Treasurer 61 Delegation by the Emergency Management Minister 63 Review of operation of Act 64 Rules Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish the Disaster Ready Fund, and for other purposes Part 1—Preliminary 1 Short title This Act is the Disaster Ready Fund Act 2019. 2 Commencement (1) Each provision of this Act 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 Act A single day to be fixed by Proclamation. 12 December 2019 (F2019N00089) However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Simplified outline of this Act • This Act establishes the Disaster Ready Fund, which will enhance the Commonwealth's ability to: (a) make arrangements with persons or bodies in relation to natural disasters; and (b) make grants to persons or bodies in relation to natural disasters. • The Disaster Ready Fund consists of: (a) the Disaster Ready Fund Special Account; and (b) the investments of the Disaster Ready Fund. • The Future Fund Board is responsible for deciding how to invest the Disaster Ready Fund. In doing so, the Future Fund Board is bound by the Disaster Ready Fund Investment Mandate given to it by the responsible Ministers. • The Emergency Management Minister may, on behalf of the Commonwealth: (a) make an arrangement with a person or body in relation to a natural disaster; and (b) make a grant to a person or body in relation to a natural disaster. • This Act establishes the Disaster Ready Fund Payments Special Account. • Amounts will be transferred from the Disaster Ready Fund Special Account to the Disaster Ready Fund Payments Special Account. • The purposes of the Disaster Ready Fund Payments Special Account are as follows: (a) to pay amounts payable by the Commonwealth under arrangements relating to a natural disaster; (b) to make grants relating to a natural disaster. • Amounts will be transferred from the Disaster Ready Fund Special Account to the Federation Reform Fund for the purposes of making grants to the States and Territories in relation to natural disasters. 4 Definitions In this Act: accountable authority has the same meaning as in the Public Governance, Performance and Accountability Act 2013. acquire includes acquire by way of issue. Agency means the Future Fund Management Agency. Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund. arrangement includes contract, agreement or deed. This definition does not apply to the expressions "securities lending arrangement" or "securities lending arrangements". asset has the same meaning as in the Future Fund Act 2006. balance of the Disaster Ready Fund means the sum of: (a) amounts standing to the credit of the Disaster Ready Fund Special Account; and (b) the value of investments of the Disaster Ready Fund. bank has the same meaning as in the Public Governance, Performance and Accountability Act 2013. business entity means: (a) a company; or (b) a partnership; or (c) a trust; or (d) a body politic. Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. Covenant on Economic, Social and Cultural Rights means the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966. Note: The Covenant is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). derivative means a derivative (within the meaning of Chapter 7 of the Corporations Act 2001) that is a financial asset. Disaster Ready Fund means the Disaster Ready Fund referred to in section 9. Disaster Ready Fund investment function of the Future Fund Board means: (a) a function or power conferred on the Future Fund Board by section 37, 38, 45, 47, 49 or 50; or (b) a right or power conferred on the Future Fund Board in its capacity as the holder of an investment of the Disaster Ready Fund. Disaster Ready Fund Investment Mandate has the meaning given by subsection 39(3). Disaster Ready Fund Payments Special Account means the Disaster Ready Fund Payments Special Account referred to in section 27. Disaster Ready Fund Special Account means the Disaster Ready Fund Special Account referred to in section 12. Emergency Management Minister means: (a) if there is a Minister whose title includes "Emergency Management"—that Minister; or (b) otherwise—the Minister declared by the Prime Minister, by notifiable instrument, to be the Emergency Management Minister for the purposes of this Act. Emergency Response Fund means the Emergency Response Fund that was established by this Act as originally enacted. Emergency Response Fund Special Account means the Emergency Response Fund Special Account that was established by this Act as originally enacted. Federation Reform Fund means the Federation Reform Fund established by section 5 of the Federation Reform Fund Act 2008. Finance Department means the Department administered by the Finance Minister. Finance Minister has the same meaning as in the Public Governance, Performance and Accountability Act 2013. financial asset has the same meaning as in the Future Fund Act 2006. Future Fund Board means the Future Fund Board of Guardians established by section 34 of the Future Fund Act 2006. Future Fund Special Account means the Future Fund Special Account established by section 12 of the Future Fund Act 2006. half‑year means a period of 6 months starting on 1 January or 1 July. Home Affairs Emergency Response Fund Special Account means the Home Affairs Emergency Response Fund Special Account that was established by this Act as originally enacted. investment means any mode of application of money or financial assets for the purpose of gaining a return (whether by way of income, capital gain or any other form of return). investment manager means a person or body (other than the Agency) who undertakes to do any or all of the following: (a) invest amounts on behalf of the Future Fund Board; (b) manage the investment of funds on behalf of the Future Fund Board; (c) acquire derivatives on behalf of the Future Fund Board; (d) manage derivatives on behalf of the Future Fund Board; (e) enter into securities lending arrangements on behalf of the Future Fund Board; (f) realise financial assets on behalf of the Future Fund Board; (g) perform custodial functions in relation to the financial assets of the Future Fund Board. investment of the Disaster Ready Fund means a financial asset that, under a provision of this Act, is taken to be an investment of the Disaster Ready Fund. investment of the Emergency Response Fund has the same meaning as in this Act as in force immediately before the commencement of section 9A. make, in relation to an arrangement, includes enter into. natural disaster means natural disaster in Australia. NEMA means the body known as the National Emergency Management Agency. official of a Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. person includes a partnership. Note: See also subsection 2C(1) of the Acts Interpretation Act 1901. realise includes redeem or dispose of. responsible Ministers means: (a) the Treasurer; and (b) the Finance Minister. rules means rules made under section 64. Treasury Department means the Department administered by the Treasurer. value of an investment of the Disaster Ready Fund means the market value of the investment. For this purpose, disregard anything that would prevent or restrict conversion of a financial asset to money. 5 Crown to be bound (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence. 6 Extension to external Territories This Act extends to every external Territory. 7 Extra‑territorial application This Act extends to acts, omissions, matters and things outside Australia. Part 2—Disaster Ready Fund Division 1—Introduction 8 Simplified outline of this Part • The Disaster Ready Fund consists of: (a) the Disaster Ready Fund Special Account; and (b) the investments of the Disaster Ready Fund. • The responsible Ministers may determine that additional amounts be credited to the Disaster Ready Fund Special Account. • Each of the following is a purpose of the Disaster Ready Fund Special Account: (a) to transfer amounts to the Disaster Ready Fund Payments Special Account for the purposes of making payments and grants in relation to natural disasters; (b) to transfer amounts to the Federation Reform Fund for the purposes of making grants to the States and Territories in relation to natural disasters. • The Disaster Ready Fund Special Account can be debited in relation to costs and other obligations incurred by the Future Fund Board in managing the Disaster Ready Fund. Division 2—Establishment of the Disaster Ready Fund and the Disaster Ready Fund Special Account 9 Disaster Ready Fund (1) The Emergency Response Fund is continued in existence with the new name the Disaster Ready Fund. (2) The Disaster Ready Fund consists of: (a) the Disaster Ready Fund Special Account; and (b) the investments of the Disaster Ready Fund. 9A Transitional—investments of the Disaster Ready Fund Scope (1) This section applies to a financial asset if, immediately before the commencement of this section, the asset was an investment of the Emergency Response Fund. Investment of the Disaster Ready Fund (2) Immediately after the commencement of this section, the financial asset is taken to become an investment of the Disaster Ready Fund. 12 Disaster Ready Fund Special Account (1) The Emergency Response Fund Special Account is continued in existence with the new name the Disaster Ready Fund Special Account. (2) The Disaster Ready Fund Special Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013. Note: 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. Division 3—Credits of amounts to the Disaster Ready Fund Special Account 13 Credits of amounts (1) The responsible Ministers may, by writing, determine that: (a) a specified amount is to be credited to the Disaster Ready Fund Special Account on a specified day; or (b) a specified amount is to be credited to the Disaster Ready Fund Special Account in specified instalments on specified days. Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. Note 2: Amounts must also be credited to the Disaster Ready Fund Special Account under sections 31, 38, 49, 51 and 62. (2) A determination under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination. Division 4—Debits of amounts from the Disaster Ready Fund 14 Main purposes of the Disaster Ready Fund Special Account Each of the following is a purpose of the Disaster Ready Fund Special Account: (a) to transfer amounts to the Disaster Ready Fund Payments Special Account in accordance with section 28A for the purposes of: (i) paying amounts payable by the Commonwealth under an arrangement made under section 20; and (ii) making grants under section 20; (b) to transfer amounts to the Federation Reform Fund in accordance with section 32A for the purposes of making grants to the States and Territories under section 20. 15 Purposes of the Disaster Ready Fund Special Account—purposes related exclusively to the investments etc. of the Disaster Ready Fund Each of the following is a purpose of the Disaster Ready Fund Special Account: (a) paying the costs of, or incidental to, the acquisition of financial assets under section 37; (b) paying expenses of an investment of the Disaster Ready Fund; (c) paying the costs of, or incidental to, the acquisition of derivatives under section 47; (d) paying or discharging the costs, expenses and other obligations incurred by the Future Fund Board under a contract between the Board and an investment manager engaged under subsection 50(1); (e) paying or discharging the costs, expenses and other obligations incurred in connection with the establishment, maintenance or operation of a bank account of the Future Fund Board, if the bank account relates exclusively to the Disaster Ready Fund; (f) paying a premium in respect of a contract of insurance entered into by the Future Fund Board exclusively in connection with the Disaster Ready Fund; (g) paying or discharging any other costs, expenses, obligations or liabilities incurred by the Future Fund Board exclusively in connection with the Disaster Ready Fund. Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts). 16 Purposes of the Disaster Ready Fund Special Account—purposes not related exclusively to the Disaster Ready Fund Each of the following is a purpose of the Disaster Ready Fund Special Account: (a) paying or discharging the costs, expenses and other obligations incurred in connection with the establishment, maintenance or operation of a bank account of the Future Fund Board, if those costs, expenses or obligations are not covered by: (i) paragraph 15(e); or (ia) paragraph 13(e) of the Housing Australia Future Fund Act 2023; or (ii) paragraph 2(1)(g) of Schedule 2 to the Future Fund Act 2006; or (iii) paragraph 16(e) of the Future Drought Fund Act 2019; or (iv) paragraph 18(e) of the Medical Research Future Fund Act 2015; or (v) paragraph 15(e) of the DisabilityCare Australia Fund Act 2013; or (vi) paragraph 15(e) of the Aboriginal and Torres Strait Islander Land and Sea Future Fund Act 2018; (b) paying a premium in respect of a contract of insurance entered into by the Future Fund Board, if the premium is not covered by: (i) paragraph 15(f); or (ia) paragraph 13(f) of the Housing Australia Future Fund Act 2023; or (ii) paragraph 2(1)(h) of Schedule 2 to the Future Fund Act 2006; or (iii) paragraph 16(f) of the Future Drought Fund Act 2019; or (iv) paragraph 18(f) of the Medical Research Future Fund Act 2015; or (v) paragraph 15(f) of the DisabilityCare Australia Fund Act 2013; or (vi) paragraph 15(f) of the Aboriginal and Torres Strait Islander Land and Sea Future Fund Act 2018; (c) paying or discharging any other costs, expenses, obligations or liabilities incurred by the Future Fund Board, if the costs, expenses, obligations or liabilities are not covered by: (i) a paragraph of section 15; or (ia) a paragraph of section 13 of the Housing Australia Future Fund Act 2023; or (ii) a paragraph of subclause 2(1) of Schedule 2 to the Future Fund Act 2006; or (iii) a paragraph of section 16 of the Future Drought Fund Act 2019; or (iv) a paragraph of section 18 of the Medical Research Future Fund Act 2015; or (v) a paragraph of section 15 of the DisabilityCare Australia Fund Act 2013; or (vi) a paragraph of section 15 of the Aboriginal and Torres Strait Islander Land and Sea Future Fund Act 2018; (d) paying remuneration and allowances of Future Fund Board members; (e) paying remuneration, and other employment‑related costs and expenses, in respect of members of the staff of the Agency; (f) paying or discharging the costs, expenses and other obligations incurred by the Commonwealth or the Future Fund Board: (i) under a contract entered into under section 78 or 82 of the Future Fund Act 2006; or (ii) in connection with the operation of the Agency. Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts). 17 Future Fund Board must ensure that the balance of the Disaster Ready Fund Special Account is sufficient to cover authorised debits etc. The Future Fund Board must take all reasonable steps to ensure that the balance of the Disaster Ready Fund Special Account is sufficient to cover the debits of amounts for the purposes specified in sections 14, 15 and 16. Note: This may require the Future Fund Board to realise an investment of the Disaster Ready Fund in accordance with section 38. 18 Transfers from the Disaster Ready Fund to the Future Fund (1) If an amount is debited from the Future Fund Special Account for a purpose mentioned in subclause 2(2) of Schedule 2 to the Future Fund Act 2006, the Finance Minister may, by writing, direct that, on a specified day, a specified amount is to be: (a) debited from the Disaster Ready Fund Special Account; and (b) credited to the Future Fund Special Account. (2) The specified amount must not exceed the amount debited from the Future Fund Special Account as mentioned in subsection (1). (3) A direction under subsection (1) is not a legislative instrument. Part 3—Arrangements and grants relating to natural disasters Division 1—Introduction 19 Simplified outline of this Part • The Emergency Management Minister may, on behalf of the Commonwealth: (a) make an arrangement with a person or body in relation to a natural disaster; and (b) make a grant to a person or body in relation to a natural disaster. • This Part establishes the Disaster Ready Fund Payments Special Account. • Amounts will be transferred from the Disaster Ready Fund Special Account to the Disaster Ready Fund Payments Special Account. Those transfers are subject to an annual limit. • The purposes of the Disaster Ready Fund Payments Special Account are as follows: (a) to pay amounts payable by the Commonwealth under arrangements relating to a natural disaster; (b) to make grants relating to a natural disaster. • Amounts will be transferred from the Disaster Ready Fund Special Account to the Federation Reform Fund for the purposes of making grants to the States and Territories in relation to natural disasters. Those transfers are subject to an annual limit. Division 2—Arrangements and grants 20 Arrangements and grants (1A) The Emergency Management Minister may, on behalf of the Commonwealth: (a) make an arrangement with; or (b) make a grant of financial assistance to; a person or body for: (c) the carrying out of a project that is directed towards achieving any or all of the following: (i) resilience to a future natural disaster that could affect an area (whether directly or indirectly); (ii) preparedness for a future natural disaster that could affect an area (whether directly or indirectly); (iii) reduction of the risk of a future natural disaster that could affect an area (whether directly or indirectly); (iv) the long‑term sustainability of a community or communities in an area that is at risk of being affected (whether directly or indirectly) by a future natural disaster; or (d) the provision of a service that is directed towards achieving any or all of the following: (i) resilience to a future natural disaster that could affect an area (whether directly or indirectly); (ii) preparedness for a future natural disaster that could affect an area (whether directly or indirectly); (iii) reduction of the risk of a future natural disaster that could affect an area (whether directly or indirectly); (iv) the long‑term sustainability of a community or communities in an area that is at risk of being affected (whether directly or indirectly) by a future natural disaster; or (e) the adoption of technology that is directed towards achieving any or all of the following: (i) resilience to a future natural disaster that could affect an area (whether directly or indirectly); (ii) preparedness for a future natural disaster that could affect an area (whether directly or indirectly); (iii) reduction of the risk of a future natural disaster that could affect an area (whether directly or indirectly); (iv) the long‑term sustainability of a community or communities in an area that is at risk of being affected (whether directly or indirectly) by a future natural disaster; or (f) a matter that is incidental or ancillary to a matter mentioned in paragraph (c), (d) or (e). Note: See also section 24 (constitutional limits). (2) An arrangement under subsection (1A) may provide for the Commonwealth to reimburse, or partly reimburse, costs or expenses. (3) A grant under subsection (1A) may be made by way of the reimbursement, or partial reimbursement, of costs or expenses. (4) Subsections (2) and (3) do not limit subsection (1A). (5) Subsection (1A) does not authorise: (a) the acquisition of shares in a company; or (b) the making of a loan. 21 Terms and conditions of grants Scope (1) This section applies to a grant of financial assistance made under section 20. Terms and conditions (2) The terms and conditions on which that financial assistance is granted must be set out in a written agreement between the Commonwealth and the grant recipient. Note: See also section 24 (constitutional limits). (3) The grant recipient must comply with the terms and conditions. (4) Without limiting subsection (2), the terms and conditions must provide for the circumstances in which the grant recipient must repay amounts to the Commonwealth. Note: An amount repayable to the Commonwealth would be a debt due to the Commonwealth. (5) An agreement under subsection (2) is to be entered into by the Emergency Management Minister on behalf of the Commonwealth. 22 Emergency Management Minister has powers etc. of the Commonwealth (1) The Emergency Management Minister, on behalf of the Commonwealth, has all the rights, responsibilities, duties and powers of the Commonwealth in relation to the Commonwealth's capacity as: (a) a party to an arrangement made under section 20; or (b) the grantor of a grant made under section 20. (2) Without limiting subsection (1): (a) an amount payable by the Commonwealth under a section 20 arrangement is to be paid by the Emergency Management Minister on behalf of the Commonwealth; and (b) an amount payable to the Commonwealth under a section 20 arrangement is to be paid to the Emergency Management Minister on behalf of the Commonwealth; and (c) a section 20 grant is to be paid by the Emergency Management Minister on behalf of the Commonwealth; and (d) an amount payable to the Commonwealth by way of the repayment of the whole or a part of a section 20 grant is to be paid to the Emergency Management Minister on behalf of the Commonwealth; and (e) the Emergency Management Minister may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns: (i) a section 20 arrangement; or (ii) a section 20 grant. 23 Conferral of powers on the Emergency Management Minister The Emergency Management Minister may exercise a power conferred on the Emergency Management Minister by: (a) an arrangement made under section 20; or (b) an agreement under section 21. 24 Constitutional limits The Emergency Management Minister may exercise a power conferred on the Emergency Management Minister by section 20 or 21 only: (a) with respect to the implied power of the Parliament to make laws with respect to nationhood; or (b) with respect to the granting of financial assistance to a State or Territory; or (c) with respect to a Territory; or (d) with respect to implementing any of Australia's international obligations under the Covenant on Economic, Social and Cultural Rights; or (e) with respect to the granting of financial assistance to a constitutional corporation for the purposes of carrying out the corporation's activities; or (f) with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or (g) with respect to trade and commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory, between a State and a Territory or between 2 Territories; or (h) with respect to the use of a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or (i) with respect to research relating to the development of patents of inventions; or (j) with respect to statistics; or (k) with respect to meteorological observations; or (l) with respect to insurance to which paragraph 51(xiv) of the Constitution applies; or (m) with respect to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth. 25 Executive power of the Commonwealth This Division does not, by implication, limit the executive power of the Commonwealth. 26 Publication of information relating to arrangements and grants (1) The Emergency Management Minister must cause the following information to be published on the NEMA's website: (a) each amount paid by the Commonwealth under a section 20 arrangement or as a section 20 grant; (b) the total of t