Crimes Legislation Amendment (Economic Disruption) Act 2021 (3 of 2021)

Schedule 7   Official Trustee

Part 1   General amendments

Division 1   Amendments

Proceeds of Crime Act 2002

55   At the end of Part 4-3

Add:

Division 4 - Grants to the States and Territories for crime prevention etc.

298A Grants to the States and Territories for crime prevention etc.

(1) The Minister may, on behalf of the Commonwealth, make a grant of financial assistance to a State or Territory for one or more of the following purposes:

(a) crime prevention measures;

(b) law enforcement measures;

(c) measures relating to treatment of drug addiction;

(d) diversionary measures relating to illegal use of drugs.

(2) A grant under subsection (1) may be made by way of the reimbursement, or partial reimbursement, of costs or expenses.

(3) Subsection (2) does not limit subsection (1).

298B Terms and conditions of grants

Scope

(1) This section applies to a grant of financial assistance made under section 298A.

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.

(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 Minister on behalf of the Commonwealth.

298C Minister has powers etc. of the Commonwealth

(1) The 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 the grantor of a grant made under section 298A.

(2) Without limiting subsection (1):

(a) a section 298A grant is to be paid by the Minister on behalf of the Commonwealth; and

(b) an amount payable to the Commonwealth by way of the repayment of the whole or a part of a section 298A grant is to be paid to the Minister on behalf of the Commonwealth; and

(c) the Minister may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns a section 298A grant.

298D Conferral of powers on the Minister

The Minister may exercise a power conferred on the Minister by an agreement under section 298B.

298E Channelling State/Territory grants through the COAG Reform Fund

(1) If the Minister decides that a grant of financial assistance should be made to a State or Territory under section 298A, the Minister must, by writing, direct that, as soon as practicable, a specified amount (which must equal the amount of the grant) is to be:

(a) debited from the *Confiscated Assets Account; and

(b) credited to the *COAG Reform Fund.

(2) The direction must be expressed to be given in order to enable the amount to be debited from the *COAG Reform Fund for the purpose of making the grant.

(3) Two or more directions under subsection (1) may be set out in the same document.

(4) A direction under subsection (1) is not a legislative instrument.

(5) The Minister must give a copy of a direction under subsection (1) to the Treasurer.

298F Debits from the COAG Reform Fund

If an amount has been credited under paragraph 298E(1)(b) to the *COAG Reform Fund for a purpose in relation to a grant of financial assistance to a State or Territory, the Treasurer must:

(a) ensure that the COAG Reform Fund is debited for the purposes of making the grant; and

(b) do so as soon as practicable after the amount has been credited.