Commonwealth: Federation Reform Fund Act 2008 (Cth)

Federation Reform Fund Act 2008 No. 156, 2008 Compilation No. 15 Compilation date: 6 July 2024 Includes amendments: Act No. 54, 2024 Registered: 13 July 2024 About this compilation This compilation This is a compilation of the Federation Reform Fund Act 2008 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 4 Crown to be bound Part 2—Federation Reform Fund 5 Establishment of the Federation Reform Fund 6 Purpose of the Federation Reform Fund Part 3—Terms and conditions of grants 7 Terms and conditions of grants 8 Delegation by a Minister Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish the Federation Reform Fund, and for other purposes Part 1—Preliminary 1 Short title This Act may be cited as the Federation Reform Fund Act 2008. 2 Commencement This Act commences on 1 January 2009. 3 Simplified outline 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. 4 Crown to be bound This Act binds the Crown in each of its capacities. Part 2—Federation Reform Fund 5 Establishment of the Federation Reform Fund (1) The Federation Reform Fund is established by this section. (2) The Federation Reform Fund is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013. Note 1: 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. Note 3: An amount may be credited to the Federation Reform Fund under section 9 or 16 of the Federal Financial Relations Act 2009. Note 5: 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. Note 6: 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. Note 7: An amount may be credited to the Federation Reform Fund under section 10 of the Fuel Indexation (Road Funding) Special Account Act 2015. 6 Purpose of the Federation Reform Fund The purpose of the Federation Reform Fund is the making of grants of financial assistance to the States and Territories. Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts). Part 3—Terms and conditions of grants 7 Terms and conditions of grants Scope (1) This section applies if: (a) 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 (ba) the grant is not covered by subsection 21(2) of the DisabilityCare Australia Fund Act 2013; and (baa) the grant is not covered by subsection 21(1) of the Medical Research Future Fund Act 2015; and (bab) the grant is not covered by section 36AB of the Future Drought Fund Act 2019; and (bac) the grant is not covered by section 33 of the Disaster Ready Fund Act 2019; and (bad) the grant is not covered by section 30 of the Housing Australia Future Fund Act 2023; and (d) the grant is not covered by section 75 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and (e) the grant is not covered by section 298F of the Proceeds of Crime Act 2002. Terms and conditions (2) 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. (3) 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. Note 3: 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. Note 4: 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. 8 Delegation by a Minister (1) A Minister may, by writing, delegate any or all of his or her powers under section 7 to: (a) the Secretary of a Department; or (b) an SES employee, or acting SES employee, in a Department. Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901. (2) In exercising powers under a delegation, the delegate must comply with any directions of the Minister concerned. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions COAG Reform Fund Act 2008 156, 2008 18 Dec 2008 1 Jan 2009 (s 2) Federal Financial Relations (Consequential Amendments and Transitional Provisions) Act 2009 12, 2009 26 Mar 2009 Sch 2 (items 1–4): 1 Apr 2009 (s 2(1) item 3) — Acts Interpretation Amendment Act 2011 46, 2011 27 June 2011 Sch 2 (item 370) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12) Sch 3 (items 10, 11) Social and Community Services Pay Equity Special Account (Consequential Amendments) Act 2012 151, 2012 8 Nov 2012 Sch 1: 8 Nov 2012 (s 2(1) item 2) — Remainder: 8 Nov 2012 (s 2(1) item 1) DisabilityCare Australia Fund (Consequential Amendments) Act 2013 86, 2013 28 June 2013 Sch 1 (items 1–3): 1 July 2014 (s 2(1) item 2) — Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 62, 2014 30 June 2014 Sch 8 (items 45–47) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) Sch 14 as amended by Public Governance and Resources Legislation Amendment Act (No. 1) 2015 36, 2015 13 Apr 2015 Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) Sch 7 as amended by Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) — Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) — Fuel Indexation (Road Funding) Act 2015 102, 2015 30 June 2015 Sch 1 (item 1): 30 June 2015 (s 2(1) item 2) — Medical Research Future Fund (Consequential Amendments) Act 2015 117, 2015 26 Aug 2015 Sch 1 (items 1–3): 27 Aug 2015 (s 2(1) item 2) — Sch 2 (items 1–4): 29 Oct 2015 (s 2(1) item 3) Interstate Road Transport Legislation (Repeal) Act 2018 35, 2018 22 May 2018 Sch 2 (items 3–5, 9, 12): 1 July 2019 (s 2(1) item 3) Sch 2 (items 9, 12) Future Drought Fund (Consequential Amendments) Act 2019 56, 2019 30 July 2019 Sch 1 (items 4–6) and Sch 2 (items 4–7, 41–43): 1 Sept 2019 (s 2(1) item 2) Sch 2 (items 41–43) Emergency Response Fund (Consequential Amendments) Act 2019 91, 2019 28 Oct 2019 Sch 1 (items 4–6) and Sch 2 (items 5, 6, 43–45): 12 Dec 2019 (s 2(1) item 1) Sch 2 (items 43–45) Crimes Legislation Amendment (Economic Disruption) Act 2021 3, 2021 16 Feb 2021 Sch 7 (items 1–3): 17 Feb 2021 (s 2(1) item 5) — Emergency Response Fund Amendment (Disaster Ready Fund) Act 2022 65, 2022 29 Nov 2022 Sch 1 (items 159–163): 1 Mar 2023 (s 2(1) item 2) — Treasury Laws Amendment (Housing Measures No. 1) Act 2023 81, 2023 28 Sept 2023 Sch 4 (items 4–6): 1 Nov 2023 (s 2(1) item 6) — COAG Legislation Amendment Act 2024 54, 2024 5 July 2024 Sch 1 (items 1–9): 6 July 2024 (s 2(1) item 2) — Endnote 4—Amendment history Provision affected How affected Title.................... am No 54, 2024 Part 1 s 1..................... am No 54, 2024 s 3..................... am No 54, 2024 Part 2 Part 2 heading............. am No 54, 2024 s 5..................... am No 12, 2009; No 151, 2012; No 86, 2013; No 62, 2014; No 102, 2015; No 117, 2015; No 35, 2018; No 56, 2019; No 91, 2019; No 3, 2021; No 65, 2022; No 81, 2023; No 54, 2024 s 6..................... am No 62, 2014; No 54, 2024 Part 3 s 7..................... am No 12, 2009; No 86, 2013; No 117, 2015; No 35, 2018; No 56, 2019; No 91, 2019; No 3, 2021; No 65, 2022; No 81, 2023; No 54, 2024 s 8..................... am No 46, 2011