Federal Financial Relations Act 2009 (11 of 2009)
Part 4 National partnership payments
16 National partnership payments
(1) The Minister may determine that an amount specified in the determination is to be paid to a State specified in the determination for the purpose of making a grant of financial assistance to:
(a) support the delivery by the State of specified outputs or projects; or
(b) facilitate reforms by the State; or
(c) reward the State for nationally significant reforms.
(2) If the Minister determines an amount under subsection (1):
(a) that amount must be credited to the COAG Reform Fund; and
(b) the Minister must ensure that, as soon as practicable after the amount is credited, the COAG Reform Fund is debited for the purposes of making the grant.
(3) Despite subsection (2), the total amount credited to the COAG Reform Fund under paragraph (2)(a) must not exceed, and the total amount covered by drawing rights authorising debits from the COAG Reform Fund for the purposes of making such grants must not exceed:
(a) in the financial year starting on 1 July 2008 - $8,000,000,000; or
(b) in a later financial year in relation to which an Appropriation Act relating to that financial year declares that a specified amount is the general drawing rights limit for the purposes of this section - that specified amount.
(4) Despite subsections (2) and (3), if no Appropriation Act relating to a financial year starting after 30 June 2009 declares, in relation to that financial year, that a specified amount is the general drawing rights limit for the purposes of this section:
(a) amounts must not be credited to the COAG Reform Fund under paragraph (2)(a) during that financial year; and
(b) drawing rights must not be issued authorising debits from the COAG Reform Fund for the purposes of making such grants in that financial year.
(5) A determination under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the determination.