{"id":"F2017L00708","name":"Federal Financial Relations (General purpose financial assistance) Determination No. 98 (May 2017)","slug":"federal-financial-relations-general-purpose-financial-assistance-determination-no-98-may-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96523,"registerId":"commonwealth-F2017L00708-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. 98 (May 2017)","content":"# Federal Financial Relations (General Purpose Financial Assistance) Determination No. 98 (May 2017)","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"preliminary","content":"```html\n

Federal Financial Relations (General Purpose Financial Assistance) Determination No. 98 (May 2017)

I, SCOTT JOHN MORRISON, Treasurer, make this Determination under section 9 of the Federal Financial Relations Act 2009.

SCOTT JOHN MORRISON


Dated: 17 May 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. 98 (May 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 January 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 22 May 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 22 May 2017\n\n ![](image.001.png)\n\n 11. Schedule 2 to this determination provides further information on these payments\n Debit Limit\n 12. Under subsection 9(3) of the Act, 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. 98 (May 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 January 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. 98 (May 2017)

I, SCOTT JOHN MORRISON, Treasurer, make this Determination under section 9 of the Federal Financial Relations Act 2009.

SCOTT JOHN MORRISON


Dated: 17 May 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. 98 (May 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 January 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 22 May 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 22 May 2017\n\n ![](image.001.png)\n\n 11. Schedule 2 to this determination provides further information on these payments\n Debit Limit\n 12. Under subsection 9(3) of the Act, 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. 98 (May 2017)

I, SCOTT JOHN MORRISON, Treasurer, make this Determination under section 9 of the Federal Financial Relations Act 2009.

SCOTT JOHN MORRISON


Dated: 17 May 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. 98 (May 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 January 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 22 May 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 22 May 2017\n\n ![](image.001.png)\n\n 11. Schedule 2 to this determination provides further information on these payments\n Debit Limit\n 12. Under subsection 9(3) of the Act, 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 22 May 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 22 May 2017","content":"### Table 1: General Purpose financial assistance for payment on 22 May 2017\n\n ![](image.001.png)\n\n 11. Schedule 2 to this determination provides further information on these payments\n Debit Limit\n 12. Under subsection 9(3) of the Act, 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":11},{"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":12},{"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 arrangement 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 arrangement 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 arrangement of the Intergovernmental Agreement |","sortOrder":13},{"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 arrangement 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 arrangement 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 arrangement of the Intergovernmental Agreement |","sortOrder":14},{"sectionNumber":"Schedule 2","sectionType":"part","heading":null,"content":"# Schedule 2\n\n## Amounts of general purpose financial assistance on 22 May 2017 ($)\n\n![](image.003.png)","sortOrder":15},{"sectionNumber":"Amounts of general purpose financial ass","sectionType":"part","heading":"Amounts of general purpose financial assistance on 22 May 2017 ($)","content":"## Amounts of general purpose financial assistance on 22 May 2017 ($)\n\n![](image.003.png)","sortOrder":16}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination implements routine payments under the Federal Financial Relations Act and the Intergovernmental Agreement: it specifies amounts to be credited to the COAG Reform Fund and paid to States and does not expand or narrow the statutory class of recipients or permitted uses. The document is a payment instrument, not a substantive change to the framework (see cl.5, cl.6–10, cl.12)."},"complexity_factors":["Cross-references to multiple external instruments: Federal Financial Relations Act 2009, COAG Reform Fund Act 2008, Public Governance, Performance and Accountability Act 2013, and the Intergovernmental Agreement (clauses 3, 6–9).","Relies on separate schedules and tables for payment amounts and cumulative accounting (Schedule 1, Schedule 2; Table 1 and Table 2).","Administrative action by the Treasurer to determine and credit amounts under statutory power (instrument form and exercise of discretion, header and cl.10).","Debit limit that requires aggregate tracking across determinations ($5,000,000,000 cap for 2016–17; cl.12–14).","Legislative-instrument procedural anomaly: exemption from disallowance under section 42 of the Legislative Instruments Act 2003 (cl.4), affecting parliamentary oversight.","Requirement that terms and conditions be set out in written agreements with States introduces bilateral negotiation/implementation steps (cl.8–9)."],"plain_english_summary":"Provides specified general-purpose grants: the Treasurer determines amounts to be credited to the COAG Reform Fund and paid to the States (cl.5, cl.10). The grants are untied—States may use them for any purpose (cl.5)—but payments are routed through the COAG Reform Fund and subject to written terms between the Commonwealth and each State (cl.6–9). A $5,000,000,000 debit limit caps total credits for 2016–17 (cl.12). The instrument relies on the Intergovernmental Agreement and other statutes for payment rules."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: authorising specific GST-related and compensation payments to states under the federal financial relations framework established by the 2009 Intergovernmental Agreement. The scope has not expanded beyond the machinery of making general purpose financial assistance determinations."},"complexity_factors":["Only 4 defined terms in the interpretation section (Act, COAG Reform Fund, Intergovernmental Agreement, State)","Straightforward structure with 3 main parts (Preliminary, Purpose, General Purpose Financial Assistance) plus 2 schedules","Minimal conditional logic — primarily simple 'must' obligations and a single cap ($5 billion debit limit)","Cross-references to 3 external Acts (Federal Financial Relations Act 2009, COAG Reform Fund Act 2008, Legislative Instruments Act 2003) but these are standard machinery provisions","No nested exceptions or complex temporal provisions","Content is largely administrative — specifying amounts, dates, and accounting mechanisms rather than creating substantive rights or obligations","Duplicate content in the source text (appears to be HTML rendering artifacts) doesn't affect actual legislative complexity"],"plain_english_summary":"This Treasurer's May 2017 determination authorises up to $5 billion in unrestricted general purpose payments from the Commonwealth to states and territories via the COAG Reform Fund, paid 22 May 2017. It funds state budgets flexibly and includes specific compensatory amounts—notably for Western Australia's lost condensate royalties and extra funding to the ACT for national‑capital costs—supporting the federal‑state fiscal framework."}},"importantCases":[],"_links":{"self":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-98-may-2017","history":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-98-may-2017/history","analysis":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-98-may-2017/analysis","conflicts":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-98-may-2017/conflicts","importantCases":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-98-may-2017/important-cases","documents":"/api/acts/federal-financial-relations-general-purpose-financial-assistance-determination-no-98-may-2017/documents"}}