Financial Framework (Supplementary Powers) Amendment Act 2024 (27 of 2024)

Schedule 1   Amendments

Part 1   Main amendments

Financial Framework (Supplementary Powers) Act 1997

3   Section 32B

Repeal the section, substitute:

32B Supplementary powers to make commitments to spend relevant money and other CRF money etc.

(1) The Commonwealth may make, vary or administer:

(a) an arrangement under which relevant money or other CRF money is, or may become, payable by the Commonwealth; or

(b) a grant of financial assistance to a State or Territory; or

(c) a grant of financial assistance to a person other than a State or Territory.

(2) However, the Commonwealth may only make, vary or administer an arrangement or grant under subsection (1) if the arrangement or grant, as the case may be:

(a) is specified in the regulations; or

(b) is included in a class of arrangements or grants, as the case may be, specified in the regulations; or

(c) is for the purposes of a program specified in the regulations.

Note: The Public Governance, Performance and Accountability Act 2013 deals with the use and management of public resources (including relevant money and other CRF money).

(3) A power conferred on the Commonwealth by subsection (1) may be exercised on behalf of the Commonwealth by a Minister or an accountable authority of a non-corporate Commonwealth entity.

Note: For the power to delegate, see section 32D.

(4) 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, as the case may be; or

(b) vary with the consent of the non-Commonwealth party or parties to the arrangement or grant, as the case may be.