Financial Framework Legislation Amendment Act (No. 3) 2012 (Cth)

Financial Framework Legislation Amendment Act (No. 3) 2012 No. 77, 2012 An Act to amend the law relating to finance, and for other purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments of Acts Administrative Decisions (Judicial Review) Act 1977 Financial Management and Accountability Act 1997 Schedule 2—Amendments of regulations Financial Management and Accountability Regulations 1997 Financial Framework Legislation Amendment Act (No. 3) 2012 No. 77, 2012 An Act to amend the law relating to finance, and for other purposes [Assented to 28 June 2012] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Financial Framework Legislation Amendment Act (No. 3) 2012. 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 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 28 June 2012 2. Schedule 1 The day this Act receives the Royal Assent. 28 June 2012 3. Schedule 2 Immediately after the commencement of Schedule 1 to this Act. 28 June 2012 Note: This table relates only to the provisions of this Act as originally enacted.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Act. 3 Schedule(s) (1) Each Act, and each set of regulations, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. (2) The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General. Schedule 1—Amendments of Acts Administrative Decisions (Judicial Review) Act 1977 1 After paragraph (hd) of Schedule 1 Insert: (he) decisions under Division 3B of Part 4 of the Financial Management and Accountability Act 1997; (hf) decisions under section 44 of the Financial Management and Accountability Act 1997; Financial Management and Accountability Act 1997 2 After Division 3A of Part 4 Insert: Division 3B—Supplementary powers to make commitments to spend public money etc. 32B Supplementary powers to make commitments to spend public money etc. (1) If: (a) apart from this subsection, the Commonwealth does not have power to make, vary or administer: (i) an arrangement under which public money is, or may become, payable by the Commonwealth; or (ii) a grant of financial assistance to a State or Territory; or (iii) a grant of financial assistance to a person other than a State or Territory; and (b) the arrangement or grant, as the case may be: (i) is specified in the regulations; or (ii) is included in a class of arrangements or grants, as the case may be, specified in the regulations; or (iii) is for the purposes of a program specified in the regulations; the Commonwealth has power to make, vary or administer the arrangement or grant, as the case may be, subject to compliance with this Act, the regulations, Finance Minister's Orders, Special Instructions and any other law. (2) A power conferred on the Commonwealth by subsection (1) may be exercised on behalf of the Commonwealth by a Minister or a Chief Executive. Note 1: For delegation by a Minister, see section 32D. Note 2: For delegation by a Chief Executive, see section 53. (3) In this section: administer: (a) in relation to an arrangement—includes give effect to; or (b) in relation to a grant—includes make, vary or administer an arrangement that relates to the grant. arrangement includes contract, agreement or deed. make, in relation to an arrangement, includes enter into. vary, in relation to an arrangement or grant, means: (a) vary in accordance with the terms or conditions of the arrangement or grant; or (b) vary with the consent of the non‑Commonwealth party or parties to the arrangement or grant. 32C Terms and conditions for grants Scope (1) This section applies to a grant of financial assistance under section 32B. Terms and conditions (2) 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. (3) An agreement under subsection (2) may be entered into on behalf of the Commonwealth by a Minister or a Chief Executive. Note 1: For delegation by a Minister, see section 32D. Note 2: For delegation by a Chief Executive, see section 53. (4) 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. 32D Delegation by a Minister (1) A Minister may, by writing, delegate any or all of his or her powers under this Division to an official in any Agency. (2) In exercising powers under a delegation, the delegate must comply with any directions of the Minister concerned. 32E Executive power of the Commonwealth This Division does not, by implication, limit the executive power of the Commonwealth. 3 Subsection 44(1) (note) Repeal the note. 4 After subsection 44(1) Insert: (1A) The responsibility conferred on the Chief Executive by subsection (1) includes, and is taken to have included, the power to: (a) make arrangements, on behalf of the Commonwealth, in relation to the affairs of the Agency; and (b) vary those arrangements on behalf of the Commonwealth; and (c) administer those arrangements on behalf of the Commonwealth. Note: Some Chief Executives have delegated this power under section 53. (1B) Subsection (1A) does not authorise the Chief Executive to exercise, on behalf of the Commonwealth, a power conferred on the Commonwealth by section 32B. 5 Subsection 44(2) Omit "doing so", substitute "discharging the responsibility, and exercising the power, conferred by this section". 6 Subsection 44(3) Insert: administer, in relation to an arrangement, includes give effect to. 7 Subsection 44(3) Insert: arrangement includes contract, agreement or deed. 8 Subsection 44(3) Insert: make, in relation to an arrangement, includes enter into. 9 Transitional—pre‑commencement arrangements (1) This item applies to an arrangement made, or purportedly made, by the Commonwealth before the commencement of this item if: (a) assuming that: (i) section 32B of the Financial Management and Accountability Act 1997 as amended by this Schedule; and (ii) any regulations made for the purposes of subparagraph (1)(b)(i), (ii) or (iii) of that section within the transitional period; and (iii) the amendments made by Schedule 2 to this Act; had been in force when the arrangement was made or purportedly made, the arrangement would have been authorised by subsection (1) of that section; and (b) the arrangement was in force, or purportedly in force, immediately before the commencement of this item. For this purpose, it is immaterial whether the arrangement was the subject of a proceeding instituted in a court or tribunal before the commencement of this item. (2) The arrangement has, and is taken to have had, effect, after the commencement of this item, as if it had been made under subsection 32B(1) of the Financial Management and Accountability Act 1997 as amended by this Schedule. (3) In this item: arrangement includes contract, agreement or deed. made, in relation to an arrangement, includes entered into. transitional period means: (a) the 60‑day period beginning at the commencement of this item; or (b) if a longer period is specified in the regulations—that longer period. (4) The Governor‑General may make regulations for the purposes of paragraph (b) of the definition of transitional period in subitem (3). Schedule 2—Amendments of regulations Financial Management and Accountability Regulations 1997 1 After Part 5 Insert: Part 5AA Supplementary powers to make commitments to spend public money etc. 16 Arrangements and programs (Act s 32B) (1) For paragraph 32B (1) (b) of the Act: (a) Part 1 of Schedule 1AA specifies: (i) arrangements under which public money is, or may become, payable by the Commonwealth; and (ii) classes of arrangements; and (b) Part 2 of Schedule 1AA specifies: (i) grants of financial assistance to a State or Territory; and (ii) classes of grants; and (c) Part 3 of Schedule 1AA specifies: (i) grants of financial assistance to persons other than a State or Territory; and (ii) classes of grants; and (d) Part 4 of Schedule 1AA specifies programs. Note Arrangement is defined in subsection 32B (3) of the Act. (2) The specification of an arrangement, grant or program in Schedule 1AA is not affected by: (a) a change in the name of the Department or authority specified as administering the arrangement, grant or program; or (b) the transfer to another Department or authority of responsibility, in whole or in part, for the administration of the arrangement, grant or program. 2 After Schedule 1 Insert: Schedule 1AA Arrangements, grants and programs (regulation 16) Part 1 Arrangements under which public money is, or may become, payable by the Commonwealth Note This Part is reserved for future use. Part 2 Grants of financial assistance to a State or Territory Note This Part is reserved for future use. Part 3 Grants of financial assistance to persons other than a State or Territory Department of Immigration and Citizenship 317.001 Grant to Refugee Council of Australia for advice on the views of the refugee and humanitarian non-government sector on the Humanitarian Program, including resettlement and onshore protection, and on humanitarian settlement issues 317.002 Grant to Federation of Ethnic Communities' Councils of Australia to advise the Australian Government on the views and needs of ethnic communities in Australia 317.003 Grant towards the cost of developing a multicultural centre in Mirrabooka, Western Australia Department of Industry, Innovation, Science, Research and Tertiary Education 318.001 Assistance to upgrade Simplot's processing plants in Tasmania Objective: To provide financial assistance to upgrade Simplot's coal-fired vegetable processing facilities 318.002 Ford Australia Environmental Innovation Grant Objective: To provide assistance to the Ford Motor Company of Australia Limited in the design and engineering to reduce carbon dioxide emissions of the 2014 Falcon and improve the safety of the Falcon and the Territory vehicles 318.003 General Motors Holden—next generation vehicles Objective: To provide assistance to General Motors Holden to support capital investment and design and engineering of Holden's next generation vehicles 318.004 Programs to assist in the transition to lower-emission energy sources Objective: Assistance to transition to lower-emission energy sources 318.005 Alcoa Point Henry assistance Objective: To increase the productivity and sustainability of the Point Henry aluminium smelter 318.006 Cairns Institute Tropical Innovation Hub Objective: To support the construction of a new research facility to work on issues of significance to the tropics, including marine and climate science, public health, social and community welfare and Indigenous development 318.007 Establishment of an ICT-enabled research laboratory—Commonwealth assistance Objective: Assistance to establish a global research and development laboratory at the University of Melbourne in Victoria Department of Resources, Energy and Tourism 327.001 Grant to an entity to assist in the transition to lower-emission energy sources Objective: Providing grants to an entity to assist in the transition to lower-emission energy sources Part 4 Programs Department of Agriculture, Fisheries and Forestry 401.001 Carbon Farming Initiative Clean energy future—Creating Opportunities on the Land—extending the benefits of the Carbon Farming Initiative Objective: Through these programs, Australian farmers and land managers can participate in, and benefit from, the carbon crediting system by generating carbon offset credits that can be sold in domestic and international carbon markets 401.002 Climate Change Adaptation Partnerships Program Climate Change Adjustment Program Climate Change Research Program Objective: To strengthen the capacity for primary producers to adapt and adjust to a changing climate while maintaining productivity 401.003 Drought Assistance—Re-establishment Assistance Drought policy reform—Pilot of new measures in Western Australia Drought Assistance—Professional Advice Objective: These 3 programs increase the resilience and capacity of farmers, farming families and communities to better prepare for and self-manage the impacts of drought, climate variability and reduced water availability 401.004 Tasmanian Forest Industry—Adjustment package Objective: To foster and enable productive, profitable, internationally competitive and sustainable Australian forest and forest products industries 401.005 Live Animal Exports—Assistance to Individuals Live Animal Exports—Business Assistance Objective: These 2 programs support eligible primary producers and small businesses with targeted assistance to manage adjustment pressures and remain viable in the long term 401.006 Regional Food Producers' Innovation and Productivity Program Objective: To foster and enable productive, profitable, internationally-competitive and sustainable horticulture and wine industries 401.007 Australian Animal Welfare Strategy Objective: To improve animal welfare outcomes, including for the export of livestock, by coordinated action at the national and international levels 401.008 Northern Australia Beef Industry Strategy—Indigenous Pastoral Project Objective: To provide an opportunity for the northern beef industry to diversify its production system and add value to its contribution to the region's future economic prosperity 401.009 National Weeds and Productivity Research Program Objective: To strengthen the national approach to weed and pest animal management and research 401.010 Fisheries Resources Research Fund Objective: To foster and enable productive, profitable, internationally-competitive and sustainable Australian fishing and aquaculture industries 401.011 Agriculture Advancing Australia—International Agricultural Cooperation Objective: To maintain and improve international market access opportunities for Australia's agriculture, food, fisheries and forestry industries 401.012 Live Cattle Exports—Business Assistance—official development assistance and improved supply chains Objective: To improve animal welfare outcomes, including for the export of livestock, by coordinated action at the national and international levels 401.013 Centre of Excellence for Biosecurity Risk Analysis and Research Australia's Biosecurity Strategy—Post Entry Quarantine—Communications Animal Biosecurity & Response Reform International Organisations Contributions—World Organisation for Animal Health Other Exotic Disease Preparation Payment to Commonwealth Scientific and Industrial Research Organisation (CSIRO)—Contribution to the operating costs of the Australian Animal Health Laboratory Commonwealth contribution to operating costs of Animal Health Australia Objective: These 7 programs support access to overseas markets and protect the economy and the environment from the impacts of unwanted pests and diseases through the safe movement to and from Australia of animals, plants and their products, including genetic material, people and cargo 401.014 Rural Financial Counselling Service Objective: To support eligible primary producers and small businesses with targeted assistance to manage adjustment pressures and remain viable in the long term 401.015 Agricultural and Veterinary Chemicals Minor Use Program Objective: To support the National Registration Scheme for agricultural and veterinary chemicals 401.016 International Organisations Contribution Objective: To maintain and improve international market access opportunities for Australia's agriculture, food, fisheries and forestry industries 401.017 Transitional Farm Family Payment Objective: To provide household support to primary producers, in recognition that farm families may experience hardship at any time Attorney-General's Department 402.001 Justice Services Objective: To provide resources for legal assistance services for disadvantaged Australians and communities 402.002 Payments for membership of international bodies Objective: To provide for annual membership payments to international bodies and organisations: the Hague Conference on Private International Law (HCCH); the World Intellectual Property Organisation (WIPO); the International Institute for the Unification of Private Law (UNIDROIT); and International Social Service (ISS) 402.003 Payments for grants to Australian organisations Objectives: To fund the Commonwealth's contributions to Standing Committee on Law and Justice (SCLJ) programs and to provide grants to organisations with projects or activities that contribute to the pursuit of an equitable and accessible system of federal civil justice 402.004 Payments for the provision of legal aid in expensive Commonwealth criminal cases—Legal Aid Commissions Objective: To administer the Expensive Commonwealth Criminal Cases Fund to which legal aid commissions can apply on a reimbursement basis 402.005 Payments for the provision of community legal services Objective: To contribute to the provision of access to legal assistance services for disadvantaged members of the community and those with special needs and/or whose interest should be protected as a matter of public interest through the provision of funding to community based organisations 402.006 Financial assistance towards legal costs and related expenses Objective: To provide funding for legal costs and disbursements in proceedings involving Commonwealth law, or in circumstances that give rise to a special Commonwealth interest 402.007 Commonwealth Human Rights Education Program Objective: To provide grants to community organisations to deliver practical, grassroots human rights education projects for the community and vulnerable groups 402.008 Family Relationships Services Program Objective: To provide funding for family law related services 402.009 Payments under the Indigenous Justice Program Objective: To provide grants to State, Territory and local governments, and non-government organisations, for projects to reduce crime and improve Indigenous community safety by reducing offending behaviour 402.010 Payments for the provision of Family Violence Prevention Legal Services for Indigenous Australia Objective: To provide funding to help Indigenous adults and children who are victims or survivors of family violence, including sexual assault, or who are at immediate risk of such violence 402.011 Payments for Indigenous interpreter services in the Northern Territory Objective: To provide Indigenous interpreter services in remote communities and urban living areas to assist in the delivery of Australian Government services and to improve access to appropriate legal services for Indigenous Australians 402.012 Closing the Gap in the Northern Territory law and order measures Objective: To provide grants to the Northern Territory Government, local governments and non-government organisations to improve the safety of Indigenous communities and to reduce the risk of contact with the criminal justice system 402.013 Native title system Objective: To support professional development and training for anthropologists in the native title field, to attract a new generation of junior anthropologists to native title work, and to encourage senior anthropologists to remain within the system 402.014 National Security and Criminal Justice Objectives: To support strengthened bilateral and multilateral cooperation in regional and international crime and terrorism prevention, national and community crime prevention, national crisis and emergency management, support anti-people smuggling legislation in regional countries, the development of police and criminal justice legislation in Pacific Island countries, and participation in the work of, and payments to support, the International Criminal Court 402.015 National Community Crime Prevention Program Objective: To provide grants to not-for-profit non-government organisations to undertake community based crime prevention projects. 402.016 Payments for membership of the Financial Action Task Force (FATF) Objective: To fund membership of the Financial Action Task Force (FATF) 402.017 Payments for grants to Australian organisations Objective: To provide annual payments to the Australian Bureau of Statistics (ABS) to fund the National Crime Statistics Unit (NCSU), the National Corrective Services Statistics Unit (NCSSU) and the National Criminal Courts Statistics Unit (NCCSU) and make grant payments to Crime Stoppers Australia 402.018 Safer Suburbs Objective: To reduce crime and antisocial behaviour by funding local initiatives run by not-for-profit and local government organisations to implement a range of community safety initiatives 402.019 Disaster Resilience Australia—Emergency Warning System Database Objective: To maintain the Location Based Number Store (LBNS), which provides the phone number data and associated data services which underpin the emergency alerting systems used by State agencies in the event of emergencies which threaten lives 402.020 Disaster Resilience Australia Package Objective: To fund emergency management projects of national significance to improve the ability to prevent, prepare, respond to and recover from disasters across social, economic, environmental and governance elements 402.021 National Counter-Terrorism Committee—special fund and operating expenses Objective: To support a program of training, development and counter-terrorism exercises, the purchase of specialist counter-terrorism equipment, and forums, workshops and meetings which support the development of national policy and capabilities 402.022 Counter-terrorism exercises Objective: To conduct national counter-terrorism exercises 402.023 National aerial firefighting Objective: Funding to the National Aerial Firefighting Centre Ltd (NAFC), a joint company formed by the States and Territories in association with the Australasian Fire and Emergency Service Authorities Council Inc 402.024 Countering Violent Extremism to Prevent Terrorism Objective: To support community-based initiatives to counter the