{"id":"F2016L01938","name":"Federal Financial Relations (General purpose financial assistance) Determination No. 92 (November 2016)","slug":"federal-financial-relations-general-purpose-financial-assistance-determination-no-92-november-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95593,"registerId":"commonwealth-F2016L01938-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Federal Financial Relations (General Pur","sectionType":"part","heading":"Federal Financial Relations (General Purpose Financial Assistance) Determination No. 92 (NOVEMBER 2016)","content":"# Federal Financial Relations (General Purpose Financial Assistance) Determination No. 92 (NOVEMBER 2016)","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"preliminary","content":"```html\n

Federal Financial Relations (General Purpose Financial Assistance) Determination No. 92 (NOVEMBER 2016)

I, MATHIAS HUBERT PAUL CORMANN, Acting Treasurer, make this Determination under section 9 of the Federal Financial Relations Act 2009.

MATHIAS HUBERT PAUL CORMANN


Dated: 15 November 2016

\n```\n\n## Part 1 — preliminary\n\n### Name of Determination\n\n This determination is the Federal Financial Relations (General purpose financial assistance) Determination No. 92 (November 2016).\n\n### Commencement\n\n 2. This determination commences on the day on which this determination is made.\n\n### Definitions\n\n 3. The following definitions are used throughout this determination:\n\nAct means the Federal Financial Relations Act 2009.\n\nCOAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.\n\nIntergovernmental Agreement means the Intergovernmental Agreement on Federal Financial Relations that took effect on 1 February 2009. The Intergovernmental Agreement provides an overarching framework for financial transfers between the Commonwealth and the States and related collaboration on policy development and service delivery.\n\nState includes the Australian Capital Territory and the Northern Territory.\n\n### Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003\n\n 4. Subsection 9(5) of the Act provides that this determination is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to this determination.\n\n## PArt 2 — Purpose\n\n### Provision of financial assistance\n\n 5. This determination is made, in accordance with section 9 of the Act, for the purpose of providing financial support for the States’ service delivery efforts through general purpose financial assistance to be used by the States for any purpose.\n\n### Terms and conditions\n\n 6. Subsection 9(2) of the Act requires that an amount determined under subsection 9(1) must be credited to the COAG Reform Fund.\n 7. The COAG Reform Fund Act 2008 established the COAG Reform Fund and specifies that it is a Special Account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n 8. Subsection 7(2) of the COAG Reform Fund Act 2008 requires that the terms and conditions on which financial assistance is granted through the COAG Reform Fund are to be set out in a written agreement between the Commonwealth and the State.\n 9. The terms and conditions for all payments of general purpose financial assistance are provided in ‘Schedule D — Payment Arrangements’ to the Intergovernmental Agreement. Schedule 1 to this determination provides a summary of the relevant provisions for general purpose financial assistance.\n\n## Part 3 — General Purpose Financial Assistance\n\n### Determination\n\n 10. In accordance with subsection 9(1) of the Act, the amounts specified in Table 1 are to be credited to the COAG Reform Fund before being paid on 21 November 2016 to the States specified in that table for the purpose of making a grant of general purpose financial assistance to those States.\n\n### Table 1: General purpose financial assistance for payment on 21 November 2016\n\n ![](image.001.png)\n\n 11. Schedule 2 to this determination provides further information on these payments\n\n### Debit limit\n\n 12. Subsection 9(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making a grant of general purpose financial assistance in the financial year starting on 1 July 2016 must not exceed $5,000,000,000.00.\n 13. The amounts specified in Table 2 are the total amounts determined in the 2016-17 financial year in respect of general purpose financial assistance, including this determination.\n\n### Table 2: Total cumulative payments of general purpose financial assistance in 2016-17\n\n ![](image.002.png)\n\n 14. The total amount determined for payment of general purpose financial assistance to date in the 2016-17 financial year does not exceed the general debit limit.","sortOrder":1},{"sectionNumber":"Name of Determination","sectionType":"division","heading":"Name of Determination","content":"### Name of Determination\n\n This determination is the Federal Financial Relations (General purpose financial assistance) Determination No. 92 (November 2016).","sortOrder":2},{"sectionNumber":"Commencement","sectionType":"division","heading":"Commencement","content":"### Commencement\n\n 2. This determination commences on the day on which this determination is made.","sortOrder":3},{"sectionNumber":"Definitions","sectionType":"division","heading":"Definitions","content":"### Definitions\n\n 3. The following definitions are used throughout this determination:\n\nAct means the Federal Financial Relations Act 2009.\n\nCOAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.\n\nIntergovernmental Agreement means the Intergovernmental Agreement on Federal Financial Relations that took effect on 1 February 2009. The Intergovernmental Agreement provides an overarching framework for financial transfers between the Commonwealth and the States and related collaboration on policy development and service delivery.\n\nState includes the Australian Capital Territory and the Northern Territory.","sortOrder":4},{"sectionNumber":"Exemption from section 42 (disallowance)","sectionType":"division","heading":"Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003","content":"### Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003\n\n 4. Subsection 9(5) of the Act provides that this determination is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to this determination.","sortOrder":5},{"sectionNumber":"PArt 2","sectionType":"part","heading":"Purpose","content":"```html\n

Federal Financial Relations (General Purpose Financial Assistance) Determination No. 92 (NOVEMBER 2016)

I, MATHIAS HUBERT PAUL CORMANN, Acting Treasurer, make this Determination under section 9 of the Federal Financial Relations Act 2009.

MATHIAS HUBERT PAUL CORMANN


Dated: 15 November 2016

\n```\n\n## Part 1 — preliminary\n\n### Name of Determination\n\n This determination is the Federal Financial Relations (General purpose financial assistance) Determination No. 92 (November 2016).\n\n### Commencement\n\n 2. This determination commences on the day on which this determination is made.\n\n### Definitions\n\n 3. The following definitions are used throughout this determination:\n\nAct means the Federal Financial Relations Act 2009.\n\nCOAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.\n\nIntergovernmental Agreement means the Intergovernmental Agreement on Federal Financial Relations that took effect on 1 February 2009. The Intergovernmental Agreement provides an overarching framework for financial transfers between the Commonwealth and the States and related collaboration on policy development and service delivery.\n\nState includes the Australian Capital Territory and the Northern Territory.\n\n### Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003\n\n 4. Subsection 9(5) of the Act provides that this determination is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to this determination.\n\n## PArt 2 — Purpose\n\n### Provision of financial assistance\n\n 5. This determination is made, in accordance with section 9 of the Act, for the purpose of providing financial support for the States’ service delivery efforts through general purpose financial assistance to be used by the States for any purpose.\n\n### Terms and conditions\n\n 6. Subsection 9(2) of the Act requires that an amount determined under subsection 9(1) must be credited to the COAG Reform Fund.\n 7. The COAG Reform Fund Act 2008 established the COAG Reform Fund and specifies that it is a Special Account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n 8. Subsection 7(2) of the COAG Reform Fund Act 2008 requires that the terms and conditions on which financial assistance is granted through the COAG Reform Fund are to be set out in a written agreement between the Commonwealth and the State.\n 9. The terms and conditions for all payments of general purpose financial assistance are provided in ‘Schedule D — Payment Arrangements’ to the Intergovernmental Agreement. Schedule 1 to this determination provides a summary of the relevant provisions for general purpose financial assistance.\n\n## Part 3 — General Purpose Financial Assistance\n\n### Determination\n\n 10. In accordance with subsection 9(1) of the Act, the amounts specified in Table 1 are to be credited to the COAG Reform Fund before being paid on 21 November 2016 to the States specified in that table for the purpose of making a grant of general purpose financial assistance to those States.\n\n### Table 1: General purpose financial assistance for payment on 21 November 2016\n\n ![](image.001.png)\n\n 11. Schedule 2 to this determination provides further information on these payments\n\n### Debit limit\n\n 12. Subsection 9(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making a grant of general purpose financial assistance in the financial year starting on 1 July 2016 must not exceed $5,000,000,000.00.\n 13. The amounts specified in Table 2 are the total amounts determined in the 2016-17 financial year in respect of general purpose financial assistance, including this determination.\n\n### Table 2: Total cumulative payments of general purpose financial assistance in 2016-17\n\n ![](image.002.png)\n\n 14. The total amount determined for payment of general purpose financial assistance to date in the 2016-17 financial year does not exceed the general debit limit.","sortOrder":6},{"sectionNumber":"Provision of financial assistance","sectionType":"division","heading":"Provision of financial assistance","content":"### Provision of financial assistance\n\n 5. This determination is made, in accordance with section 9 of the Act, for the purpose of providing financial support for the States’ service delivery efforts through general purpose financial assistance to be used by the States for any purpose.","sortOrder":7},{"sectionNumber":"Terms and conditions","sectionType":"division","heading":"Terms and conditions","content":"### Terms and conditions\n\n 6. Subsection 9(2) of the Act requires that an amount determined under subsection 9(1) must be credited to the COAG Reform Fund.\n 7. The COAG Reform Fund Act 2008 established the COAG Reform Fund and specifies that it is a Special Account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n 8. Subsection 7(2) of the COAG Reform Fund Act 2008 requires that the terms and conditions on which financial assistance is granted through the COAG Reform Fund are to be set out in a written agreement between the Commonwealth and the State.\n 9. The terms and conditions for all payments of general purpose financial assistance are provided in ‘Schedule D — Payment Arrangements’ to the Intergovernmental Agreement. Schedule 1 to this determination provides a summary of the relevant provisions for general purpose financial assistance.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"General Purpose Financial Assistance","content":"```html\n

Federal Financial Relations (General Purpose Financial Assistance) Determination No. 92 (NOVEMBER 2016)

I, MATHIAS HUBERT PAUL CORMANN, Acting Treasurer, make this Determination under section 9 of the Federal Financial Relations Act 2009.

MATHIAS HUBERT PAUL CORMANN


Dated: 15 November 2016

\n```\n\n## Part 1 — preliminary\n\n### Name of Determination\n\n This determination is the Federal Financial Relations (General purpose financial assistance) Determination No. 92 (November 2016).\n\n### Commencement\n\n 2. This determination commences on the day on which this determination is made.\n\n### Definitions\n\n 3. The following definitions are used throughout this determination:\n\nAct means the Federal Financial Relations Act 2009.\n\nCOAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.\n\nIntergovernmental Agreement means the Intergovernmental Agreement on Federal Financial Relations that took effect on 1 February 2009. The Intergovernmental Agreement provides an overarching framework for financial transfers between the Commonwealth and the States and related collaboration on policy development and service delivery.\n\nState includes the Australian Capital Territory and the Northern Territory.\n\n### Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003\n\n 4. Subsection 9(5) of the Act provides that this determination is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to this determination.\n\n## PArt 2 — Purpose\n\n### Provision of financial assistance\n\n 5. This determination is made, in accordance with section 9 of the Act, for the purpose of providing financial support for the States’ service delivery efforts through general purpose financial assistance to be used by the States for any purpose.\n\n### Terms and conditions\n\n 6. Subsection 9(2) of the Act requires that an amount determined under subsection 9(1) must be credited to the COAG Reform Fund.\n 7. The COAG Reform Fund Act 2008 established the COAG Reform Fund and specifies that it is a Special Account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n 8. Subsection 7(2) of the COAG Reform Fund Act 2008 requires that the terms and conditions on which financial assistance is granted through the COAG Reform Fund are to be set out in a written agreement between the Commonwealth and the State.\n 9. The terms and conditions for all payments of general purpose financial assistance are provided in ‘Schedule D — Payment Arrangements’ to the Intergovernmental Agreement. Schedule 1 to this determination provides a summary of the relevant provisions for general purpose financial assistance.\n\n## Part 3 — General Purpose Financial Assistance\n\n### Determination\n\n 10. In accordance with subsection 9(1) of the Act, the amounts specified in Table 1 are to be credited to the COAG Reform Fund before being paid on 21 November 2016 to the States specified in that table for the purpose of making a grant of general purpose financial assistance to those States.\n\n### Table 1: General purpose financial assistance for payment on 21 November 2016\n\n ![](image.001.png)\n\n 11. Schedule 2 to this determination provides further information on these payments\n\n### Debit limit\n\n 12. Subsection 9(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making a grant of general purpose financial assistance in the financial year starting on 1 July 2016 must not exceed $5,000,000,000.00.\n 13. The amounts specified in Table 2 are the total amounts determined in the 2016-17 financial year in respect of general purpose financial assistance, including this determination.\n\n### Table 2: Total cumulative payments of general purpose financial assistance in 2016-17\n\n ![](image.002.png)\n\n 14. The total amount determined for payment of general purpose financial assistance to date in the 2016-17 financial year does not exceed the general debit limit.","sortOrder":9},{"sectionNumber":"Determination","sectionType":"division","heading":"Determination","content":"### Determination\n\n 10. In accordance with subsection 9(1) of the Act, the amounts specified in Table 1 are to be credited to the COAG Reform Fund before being paid on 21 November 2016 to the States specified in that table for the purpose of making a grant of general purpose financial assistance to those States.","sortOrder":10},{"sectionNumber":"Table 1: General purpose financial assis","sectionType":"division","heading":"Table 1: General purpose financial assistance for payment on 21 November 2016","content":"### Table 1: General purpose financial assistance for payment on 21 November 2016\n\n ![](image.001.png)\n\n 11. Schedule 2 to this determination provides further information on these payments","sortOrder":11},{"sectionNumber":"Debit limit","sectionType":"division","heading":"Debit limit","content":"### Debit limit\n\n 12. Subsection 9(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making a grant of general purpose financial assistance in the financial year starting on 1 July 2016 must not exceed $5,000,000,000.00.\n 13. The amounts specified in Table 2 are the total amounts determined in the 2016-17 financial year in respect of general purpose financial assistance, including this determination.","sortOrder":12},{"sectionNumber":"Table 2: Total cumulative payments of ge","sectionType":"division","heading":"Table 2: Total cumulative payments of general purpose financial assistance in 2016-17","content":"### Table 2: Total cumulative payments of general purpose financial assistance in 2016-17\n\n ![](image.002.png)\n\n 14. The total amount determined for payment of general purpose financial assistance to date in the 2016-17 financial year does not exceed the general debit limit.","sortOrder":13},{"sectionNumber":"SChedule 1","sectionType":"part","heading":null,"content":"# SChedule 1\n\n## Summary of relevant agreements for general purpose financial assistance\n\n| Payment title | Purpose | Relevant agreement |\n| -------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------- |\n| Compensation for impact on royalties of excise amendment | The Commonwealth provides general purpose financial assistance to compensate Western Australia for the loss of royalty revenue resulting from the removal in the 2008-09 Budget of the exemption of condensate from crude oil excise. | Schedule D – Payment arrangements of the Intergovernmental Agreement |\n| ACT Municipal Services | The Commonwealth provides general purpose financial assistance to the Australian Capital Territory to:• assist in meeting the additional municipal costs which arise from Canberra's role as the national capital; and• compensate the Australian Capital Territory for additional costs resulting from the national capital planning influences on the provision of water and sewerage services. | Schedule D – Payment arrangements of the Intergovernmental Agreement |\n| Royalty payments | | |\n| — Offshore Petroleum and Greenhouse Gas Storage Act 2006 | The Commonwealth provides general purpose financial assistance to Western Australia from royalties payable under the Offshore Petroleum (Royalty) Act 2006 in respect of the North West Shelf oil and gas project off the coast of Western Australia. The Commonwealth collects these royalties because it has jurisdiction over off‑shore areas.These royalties will be shared between the Commonwealth (approximately one third) and Western Australia (approximately two thirds). These payment arrangements are in accordance with section 75 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. | Schedule D – Payment arrangements of the Intergovernmental Agreement |\n| | | |","sortOrder":14},{"sectionNumber":"Summary of relevant agreements for gener","sectionType":"part","heading":"Summary of relevant agreements for general purpose financial assistance","content":"## Summary of relevant agreements for general purpose financial assistance\n\n| Payment title | Purpose | Relevant agreement |\n| -------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------- |\n| Compensation for impact on royalties of excise amendment | The Commonwealth provides general purpose financial assistance to compensate Western Australia for the loss of royalty revenue resulting from the removal in the 2008-09 Budget of the exemption of condensate from crude oil excise. | Schedule D – Payment arrangements of the Intergovernmental Agreement |\n| ACT Municipal Services | The Commonwealth provides general purpose financial assistance to the Australian Capital Territory to:• assist in meeting the additional municipal costs which arise from Canberra's role as the national capital; and• compensate the Australian Capital Territory for additional costs resulting from the national capital planning influences on the provision of water and sewerage services. | Schedule D – Payment arrangements of the Intergovernmental Agreement |\n| Royalty payments | | |\n| — Offshore Petroleum and Greenhouse Gas Storage Act 2006 | The Commonwealth provides general purpose financial assistance to Western Australia from royalties payable under the Offshore Petroleum (Royalty) Act 2006 in respect of the North West Shelf oil and gas project off the coast of Western Australia. The Commonwealth collects these royalties because it has jurisdiction over off‑shore areas.These royalties will be shared between the Commonwealth (approximately one third) and Western Australia (approximately two thirds). These payment arrangements are in accordance with section 75 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. | Schedule D – Payment arrangements of the Intergovernmental Agreement |\n| | | |","sortOrder":15},{"sectionNumber":"Schedule 2","sectionType":"part","heading":null,"content":"# Schedule 2\n\n## Amounts of general purpose financial assistance on 21 NOVEMBER 2016 ($)\n\n![](image.003.png)","sortOrder":16},{"sectionNumber":"Amounts of general purpose financial ass","sectionType":"part","heading":"Amounts of general purpose financial assistance on 21 NOVEMBER 2016 ($)","content":"## Amounts of general purpose financial assistance on 21 NOVEMBER 2016 ($)\n\n![](image.003.png)","sortOrder":17}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Determination implements existing statutory authority (s9) by allocating specific amounts and confirming they fit the 2016–17 debit limit; it does not amend the Intergovernmental Agreement or the COAG Reform Fund Act or change the legal scope of general purpose financial assistance (see cl5,6,9,12–14)."},"complexity_factors":["Cross-references to multiple statutes and instruments (Federal Financial Relations Act 2009 s9; COAG Reform Fund Act 2008; Intergovernmental Agreement Schedule D) (cl3,6–9)","Dependence on external schedules and tables for substantive detail (Table 1, Table 2, Schedule 2)","Numeric aggregation and a statutory debit limit ($5,000,000,000 for 2016–17) that requires cumulative tracking (cl12–14)","Formal exemption from Legislative Instruments Act disallowance (cl4) which affects parliamentary oversight","Administrative steps limited to timing and crediting of funds rather than policy design (cl10, cl6–9)"],"plain_english_summary":"This Determination directs the Acting Treasurer to credit specified sums to the COAG Reform Fund and pay them to the States on 21 November 2016 as general purpose financial assistance, usable by States for any purpose (s9; cl10). It lists recipient amounts in Table 1 and supporting detail in Schedule 2.\n\nThe Commonwealth supplies the funds (s9(2)); payments must fit the 2016–17 $5,000,000,000 debit limit (cl12–14). Payment terms are governed by the Intergovernmental Agreement’s Schedule D, so the instrument allocates money and timing without changing those underlying terms (cl6–9)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: authorising specific general purpose financial assistance payments to States and Territories. The scope has not expanded beyond the core function of determining payment amounts and ensuring compliance with the $5 billion annual debit limit."},"complexity_factors":["Only 4 defined terms in the interpretation section","Straightforward structure: preliminary provisions, purpose, then payment details","Minimal cross-referencing — primarily references to section 9 of the Federal Financial Relations Act 2009 and the COAG Reform Fund Act 2008","No nested exceptions or conditional logic; payment obligations are direct","Contains placeholder image references (image.001.png, image.002.png, image.003.png) for payment tables rather than actual numerical data in the text","Single-layer legislative framework without delegated provisions or subordinate instruments"],"plain_english_summary":"This ministerial determination authorises the Commonwealth to pay general purpose financial assistance to Australian States and Territories from the COAG Reform Fund on 21 November 2016, subject to a $5 billion cap for 2016–17. It earmarks specific amounts (including compensation and offshore royalty shares for Western Australia and special‑cost funding for the ACT), and gives States flexible use of funds. The instrument is not disallowable by Parliament."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-92-november-2016","history":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-92-november-2016/history","analysis":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-92-november-2016/analysis","conflicts":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-92-november-2016/conflicts","importantCases":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-92-november-2016/important-cases","documents":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-92-november-2016/documents"}}