{"id":"F2017L00197","name":"Federal Financial Relations (General purpose financial assistance) Determination No. 94 (January 2017)","slug":"federal-financial-relations-general-purpose-financial-assistance-determination-no-94-january-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95883,"registerId":"commonwealth-F2017L00197-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. 94 (January 2017)","content":"# Federal Financial Relations (General Purpose Financial Assistance) Determination No. 94 (January 2017)","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"preliminary","content":"```html\n

Federal Financial Relations (General Purpose Financial Assistance) Determination No. 94 (January 2017)

I, KELLY MEGAN O’DWYER, Acting Treasurer, make this Determination under section 9 of the Federal Financial Relations Act 2009.

KELLY MEGAN O’DWYER


Dated: 17 January 2017

\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. 94 (January 2017).\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 23 January 2017 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 23 January 2017\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. 94 (January 2017).","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. 94 (January 2017)

I, KELLY MEGAN O’DWYER, Acting Treasurer, make this Determination under section 9 of the Federal Financial Relations Act 2009.

KELLY MEGAN O’DWYER


Dated: 17 January 2017

\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. 94 (January 2017).\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 23 January 2017 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 23 January 2017\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. 94 (January 2017)

I, KELLY MEGAN O’DWYER, Acting Treasurer, make this Determination under section 9 of the Federal Financial Relations Act 2009.

KELLY MEGAN O’DWYER


Dated: 17 January 2017

\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. 94 (January 2017).\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 23 January 2017 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 23 January 2017\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 23 January 2017 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 23 January 2017","content":"### Table 1: General purpose financial assistance for payment on 23 January 2017\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 23 January 2017 ($)\n\n![](image.003.png)","sortOrder":16},{"sectionNumber":"Amounts of general purpose financial ass","sectionType":"part","heading":"Amounts of general purpose financial assistance on 23 January 2017 ($)","content":"## Amounts of general purpose financial assistance on 23 January 2017 ($)\n\n![](image.003.png)","sortOrder":17}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination does not change the statutory scope set by the Federal Financial Relations Act. It implements a routine, one-off allocation: credits amounts to the COAG Reform Fund and directs payments to States on 23 January 2017 (s5, s10). It follows existing payment terms in the Intergovernmental Agreement (s9) and respects the financial year debit limit (s12–s14). No new purposes, beneficiaries or expanded powers are created by the instrument."},"complexity_factors":["Cross-references to multiple instruments and bodies: Federal Financial Relations Act 2009 (defined as 'Act', s3), COAG Reform Fund Act 2008 (s6–s8), and the Intergovernmental Agreement (s3, s9) increase legal linkage complexity.","Procedural determination with limited discretion: Treasurer makes the determination under s9 (front matter and s10) following statutory formulas/tables, so substantive policy choice is minimal.","Special-account and agreement requirements: funds must be credited to the COAG Reform Fund (s6), and terms for payments are set by written agreements between Commonwealth and States (s8) — an administrative compliance layer.","Debit-limit arithmetic constraint: the determination must respect the $5,000,000,000 annual limit (s12); cumulative accounting of prior determinations is required (s13–s14).","Embedded schedules and state-specific amounts: payment tables and schedules (Part 3 Table 1; Schedule 2, images) require correct data handling for each State.","Exemption from parliamentary disallowance: this instrument is a legislative instrument but not subject to disallowance under the Legislative Instruments Act (s4), which narrows parliamentary review avenues."],"plain_english_summary":"This Determination directs the Treasurer to credit specified amounts to the COAG Reform Fund and pay them to the States on 23 January 2017 as general-purpose grants the States may use for any purpose. It operates under the Federal Financial Relations Act framework and the COAG Reform Fund rules, referencing payment arrangements in the Intergovernmental Agreement, and ensures payments remain within the statutory debit limit."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination operates exactly within its original intended scope. It is one in a series of routine administrative instruments made under section 9 of the Federal Financial Relations Act 2009 to distribute general purpose financial assistance. The mechanism (determining specific payment amounts to specific States for specific purposes) has not expanded beyond the Act's original design."},"complexity_factors":["Only 4 defined terms in the interpretation section","Straightforward purpose clause with no conditional logic","Single-layer legislative references (primarily to Federal Financial Relations Act 2009 and COAG Reform Fund Act 2008)","No nested exceptions or complex temporal provisions","Mechanical compliance provisions (debit limit check) are simple arithmetic verification","Payment tables referenced but not included in text (images omitted)","Cross-references to external agreements (Intergovernmental Agreement Schedule D) but these are summarised rather than incorporated by complex reference"],"plain_english_summary":"This ministerial determination authorises the Commonwealth to pay general-purpose, no-strings financial assistance from the COAG Reform Fund to Western Australia and the Australian Capital Territory on 23 January 2017. It compensates WA for lost offshore resource/condensate royalties and provides the ACT extra funding to cover national-capital related municipal and water/sewerage costs.\n\nPayments remain within the 2016–17 $5 billion cap and the determination is exempt from parliamentary disallowance."}},"importantCases":[],"_links":{"self":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-94-january-2017","history":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-94-january-2017/history","analysis":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-94-january-2017/analysis","conflicts":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-94-january-2017/conflicts","importantCases":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-94-january-2017/important-cases","documents":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-94-january-2017/documents"}}