{"id":"F2016L01201","name":"Federal Financial Relations (National Partnership payments) Determination No. 106 (May 2016)","slug":"federal-financial-relations-national-partnership-payments-determination-no-106-may-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94584,"registerId":"commonwealth-F2016L01201-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Federal Financial Relations (National Pa","sectionType":"part","heading":"Federal Financial Relations (National Partnership Payments) Determination No. 106 (May 2016)","content":"# Federal Financial Relations (National Partnership Payments) Determination No. 106 (May 2016)","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"preliminary","content":"```html\n

Federal Financial Relations (National Partnership Payments) Determination No. 106 (May 2016)

I, SCOTT JOHN MORRISON, Treasurer, make this Determination under section 16 of the Federal Financial Relations Act 2009.

SCOTT JOHN MORRISON


Dated: 2 May 2016

\n```\n\n## Part 1 — preliminary\n\n### Name of Determination\n\n This determination is the Federal Financial Relations (National Partnership payments) Determination No. 106 (May 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 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 16(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 16 of the Act, for the purpose of providing grants of financial assistance to a State to:\n (a) support the delivery by the State of specified outputs or projects;\n (b) facilitate reforms by the State; or\n (c) reward the State for nationally significant reforms.\n\n### Terms and conditions\n\n 6. Subsection 16(2) of the Act requires that an amount determined under subsection 16(1) must be credited to the COAG Reform Fund. 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 7. 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 8. ‘Schedule D — Payment Arrangements’ to the Intergovernmental Agreement provides that the Commonwealth will make National Partnership payments to the States to support the delivery of specified outputs or projects, to facilitate reforms or to reward those jurisdictions that deliver on nationally significant reforms.\n 9. National Partnerships will clearly set out the payment profile in respect of each State.\n 10. Where the achievement of pre‑determined milestones or performance benchmarks is required before a payment is made to a State:\n (a) in the case of payments to reward nationally significant reforms, the relevant Commonwealth Minister or delegate will make a determination as to whether the incentive payment will be paid following receipt of an independent assessment as to whether a pre-determined performance benchmark has been achieved; and\n (b) in the case of payments to facilitate reform and to support the delivery of specified outputs or projects, the relevant Commonwealth Minister or delegate will make a determination, based upon expenditure and performance reporting arrangements set out in the National Partnership, as to whether the facilitation or project payment will be paid.\n 11. Where the achievement of a performance benchmark is not required before a payment is made to a State, payments will be scheduled in accordance with the payment profile set out in the National Partnership.\n\n## Part 3 — National Partnership Payments\n\n### Determination\n\n 12. In accordance with subsection 16(1) of the Act, the amounts specified in Table 1 are to be paid to the States specified in that table for the purpose of making a grant of financial assistance to:\n (a) support the delivery by the States of specified outputs or projects;\n (b) facilitate reforms by the States; or\n (c) reward the States for nationally significant reforms.\n\n### Table 1: National Partnership payments for payment on 9 May 2016\n\n![](image.001.png)\n\n 13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 9 May 2016.\n 14. Schedule 1 to this determination provides further information on these payments.\n\n### Debit limit\n\n 15. Subsection 16(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making National Partnership payments in the financial year starting on 1 July 2015 must not exceed $25,000,000,000.00.\n 16. The amounts specified in Table 2 are the total amounts determined in the 2015\\-16 financial year in respect of National Partnership payments under section 16 of the Act, including this determination.\n\n### Table 2: Total cumulative payments of National Partnership payments in 2015-16\n\n ![](image.002.png)\n 17. The total amount determined for National Partnership payments to date in the 2015-16 financial year does not exceed the 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 (National Partnership payments) Determination No. 106 (May 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 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 16(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 (National Partnership Payments) Determination No. 106 (May 2016)

I, SCOTT JOHN MORRISON, Treasurer, make this Determination under section 16 of the Federal Financial Relations Act 2009.

SCOTT JOHN MORRISON


Dated: 2 May 2016

\n```\n\n## Part 1 — preliminary\n\n### Name of Determination\n\n This determination is the Federal Financial Relations (National Partnership payments) Determination No. 106 (May 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 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 16(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 16 of the Act, for the purpose of providing grants of financial assistance to a State to:\n (a) support the delivery by the State of specified outputs or projects;\n (b) facilitate reforms by the State; or\n (c) reward the State for nationally significant reforms.\n\n### Terms and conditions\n\n 6. Subsection 16(2) of the Act requires that an amount determined under subsection 16(1) must be credited to the COAG Reform Fund. 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 7. 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 8. ‘Schedule D — Payment Arrangements’ to the Intergovernmental Agreement provides that the Commonwealth will make National Partnership payments to the States to support the delivery of specified outputs or projects, to facilitate reforms or to reward those jurisdictions that deliver on nationally significant reforms.\n 9. National Partnerships will clearly set out the payment profile in respect of each State.\n 10. Where the achievement of pre‑determined milestones or performance benchmarks is required before a payment is made to a State:\n (a) in the case of payments to reward nationally significant reforms, the relevant Commonwealth Minister or delegate will make a determination as to whether the incentive payment will be paid following receipt of an independent assessment as to whether a pre-determined performance benchmark has been achieved; and\n (b) in the case of payments to facilitate reform and to support the delivery of specified outputs or projects, the relevant Commonwealth Minister or delegate will make a determination, based upon expenditure and performance reporting arrangements set out in the National Partnership, as to whether the facilitation or project payment will be paid.\n 11. Where the achievement of a performance benchmark is not required before a payment is made to a State, payments will be scheduled in accordance with the payment profile set out in the National Partnership.\n\n## Part 3 — National Partnership Payments\n\n### Determination\n\n 12. In accordance with subsection 16(1) of the Act, the amounts specified in Table 1 are to be paid to the States specified in that table for the purpose of making a grant of financial assistance to:\n (a) support the delivery by the States of specified outputs or projects;\n (b) facilitate reforms by the States; or\n (c) reward the States for nationally significant reforms.\n\n### Table 1: National Partnership payments for payment on 9 May 2016\n\n![](image.001.png)\n\n 13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 9 May 2016.\n 14. Schedule 1 to this determination provides further information on these payments.\n\n### Debit limit\n\n 15. Subsection 16(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making National Partnership payments in the financial year starting on 1 July 2015 must not exceed $25,000,000,000.00.\n 16. The amounts specified in Table 2 are the total amounts determined in the 2015\\-16 financial year in respect of National Partnership payments under section 16 of the Act, including this determination.\n\n### Table 2: Total cumulative payments of National Partnership payments in 2015-16\n\n ![](image.002.png)\n 17. The total amount determined for National Partnership payments to date in the 2015-16 financial year does not exceed the 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 16 of the Act, for the purpose of providing grants of financial assistance to a State to:\n (a) support the delivery by the State of specified outputs or projects;\n (b) facilitate reforms by the State; or\n (c) reward the State for nationally significant reforms.","sortOrder":7},{"sectionNumber":"Terms and conditions","sectionType":"division","heading":"Terms and conditions","content":"### Terms and conditions\n\n 6. Subsection 16(2) of the Act requires that an amount determined under subsection 16(1) must be credited to the COAG Reform Fund. 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 7. 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 8. ‘Schedule D — Payment Arrangements’ to the Intergovernmental Agreement provides that the Commonwealth will make National Partnership payments to the States to support the delivery of specified outputs or projects, to facilitate reforms or to reward those jurisdictions that deliver on nationally significant reforms.\n 9. National Partnerships will clearly set out the payment profile in respect of each State.\n 10. Where the achievement of pre‑determined milestones or performance benchmarks is required before a payment is made to a State:\n (a) in the case of payments to reward nationally significant reforms, the relevant Commonwealth Minister or delegate will make a determination as to whether the incentive payment will be paid following receipt of an independent assessment as to whether a pre-determined performance benchmark has been achieved; and\n (b) in the case of payments to facilitate reform and to support the delivery of specified outputs or projects, the relevant Commonwealth Minister or delegate will make a determination, based upon expenditure and performance reporting arrangements set out in the National Partnership, as to whether the facilitation or project payment will be paid.\n 11. Where the achievement of a performance benchmark is not required before a payment is made to a State, payments will be scheduled in accordance with the payment profile set out in the National Partnership.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"National Partnership Payments","content":"```html\n

Federal Financial Relations (National Partnership Payments) Determination No. 106 (May 2016)

I, SCOTT JOHN MORRISON, Treasurer, make this Determination under section 16 of the Federal Financial Relations Act 2009.

SCOTT JOHN MORRISON


Dated: 2 May 2016

\n```\n\n## Part 1 — preliminary\n\n### Name of Determination\n\n This determination is the Federal Financial Relations (National Partnership payments) Determination No. 106 (May 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 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 16(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 16 of the Act, for the purpose of providing grants of financial assistance to a State to:\n (a) support the delivery by the State of specified outputs or projects;\n (b) facilitate reforms by the State; or\n (c) reward the State for nationally significant reforms.\n\n### Terms and conditions\n\n 6. Subsection 16(2) of the Act requires that an amount determined under subsection 16(1) must be credited to the COAG Reform Fund. 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 7. 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 8. ‘Schedule D — Payment Arrangements’ to the Intergovernmental Agreement provides that the Commonwealth will make National Partnership payments to the States to support the delivery of specified outputs or projects, to facilitate reforms or to reward those jurisdictions that deliver on nationally significant reforms.\n 9. National Partnerships will clearly set out the payment profile in respect of each State.\n 10. Where the achievement of pre‑determined milestones or performance benchmarks is required before a payment is made to a State:\n (a) in the case of payments to reward nationally significant reforms, the relevant Commonwealth Minister or delegate will make a determination as to whether the incentive payment will be paid following receipt of an independent assessment as to whether a pre-determined performance benchmark has been achieved; and\n (b) in the case of payments to facilitate reform and to support the delivery of specified outputs or projects, the relevant Commonwealth Minister or delegate will make a determination, based upon expenditure and performance reporting arrangements set out in the National Partnership, as to whether the facilitation or project payment will be paid.\n 11. Where the achievement of a performance benchmark is not required before a payment is made to a State, payments will be scheduled in accordance with the payment profile set out in the National Partnership.\n\n## Part 3 — National Partnership Payments\n\n### Determination\n\n 12. In accordance with subsection 16(1) of the Act, the amounts specified in Table 1 are to be paid to the States specified in that table for the purpose of making a grant of financial assistance to:\n (a) support the delivery by the States of specified outputs or projects;\n (b) facilitate reforms by the States; or\n (c) reward the States for nationally significant reforms.\n\n### Table 1: National Partnership payments for payment on 9 May 2016\n\n![](image.001.png)\n\n 13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 9 May 2016.\n 14. Schedule 1 to this determination provides further information on these payments.\n\n### Debit limit\n\n 15. Subsection 16(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making National Partnership payments in the financial year starting on 1 July 2015 must not exceed $25,000,000,000.00.\n 16. The amounts specified in Table 2 are the total amounts determined in the 2015\\-16 financial year in respect of National Partnership payments under section 16 of the Act, including this determination.\n\n### Table 2: Total cumulative payments of National Partnership payments in 2015-16\n\n ![](image.002.png)\n 17. The total amount determined for National Partnership payments to date in the 2015-16 financial year does not exceed the debit limit.","sortOrder":9},{"sectionNumber":"Determination","sectionType":"division","heading":"Determination","content":"### Determination\n\n 12. In accordance with subsection 16(1) of the Act, the amounts specified in Table 1 are to be paid to the States specified in that table for the purpose of making a grant of financial assistance to:\n (a) support the delivery by the States of specified outputs or projects;\n (b) facilitate reforms by the States; or\n (c) reward the States for nationally significant reforms.","sortOrder":10},{"sectionNumber":"Table 1: National Partnership payments f","sectionType":"division","heading":"Table 1: National Partnership payments for payment on 9 May 2016","content":"### Table 1: National Partnership payments for payment on 9 May 2016\n\n![](image.001.png)\n\n 13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 9 May 2016.\n 14. Schedule 1 to this determination provides further information on these payments.","sortOrder":11},{"sectionNumber":"Debit limit","sectionType":"division","heading":"Debit limit","content":"### Debit limit\n\n 15. Subsection 16(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making National Partnership payments in the financial year starting on 1 July 2015 must not exceed $25,000,000,000.00.\n 16. The amounts specified in Table 2 are the total amounts determined in the 2015\\-16 financial year in respect of National Partnership payments under section 16 of the Act, including this determination.","sortOrder":12},{"sectionNumber":"Table 2: Total cumulative payments of Na","sectionType":"division","heading":"Table 2: Total cumulative payments of National Partnership payments in 2015-16","content":"### Table 2: Total cumulative payments of National Partnership payments in 2015-16\n\n ![](image.002.png)\n 17. The total amount determined for National Partnership payments to date in the 2015-16 financial year does not exceed the debit limit.","sortOrder":13},{"sectionNumber":"SChedule 1","sectionType":"part","heading":null,"content":"# SChedule 1\n\n## Amounts of National Partnership Payments for payment on 9 May 2016 ($)\n\n![](image.003.png)\n\n![](image.004.png)","sortOrder":14},{"sectionNumber":"Amounts of National Partnership Payments","sectionType":"part","heading":"Amounts of National Partnership Payments for payment on 9 May 2016 ($)","content":"## Amounts of National Partnership Payments for payment on 9 May 2016 ($)\n\n![](image.003.png)\n\n![](image.004.png)","sortOrder":15}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination remains tightly scoped to its original purpose: authorising specific National Partnership payments for the 2015-16 financial year. It does not expand beyond the framework established by the Federal Financial Relations Act 2009 and the Intergovernmental Agreement on Federal Financial Relations. The instrument is a routine administrative allocation within existing statutory bounds."},"complexity_factors":["Only 4 defined terms in the interpretation section (Act, COAG Reform Fund, Intergovernmental Agreement, State)","Straightforward tripartite structure: preliminary provisions, purpose/mechanism, and payment schedules","No nested exceptions or conditional logic beyond simple binary distinctions (performance benchmark required vs not required)","Cross-references are minimal and explicit — primarily to the Federal Financial Relations Act 2009 and COAG Reform Fund Act 2008","Payment tables are externalised (referenced as images), reducing legislative text complexity","Single purpose instrument with no temporal extensions, sunset clauses, or regulatory sub-delegation"],"plain_english_summary":"This budgetary instrument, made by Treasurer Scott Morrison, authorises National Partnership payments from the Commonwealth to the six states, ACT and NT for specific projects, reforms or rewards. Payments are held in the COAG Reform Fund and paid to states on 9 May 2016, subject to a $25 billion annual cap.\n\nSome payments are conditional on state performance benchmarks while others are fixed-schedule. It shapes state policy by tying federal funds to outcomes and cannot be disallowed by Parliament."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination implements the existing statutory power in section 16 of the Federal Financial Relations Act 2009 to make National Partnership payments and records the amounts and payment scheduling for 9 May 2016. It does not broaden the purpose of the Act or create new categories of recipients or purposes beyond those already authorised (supporting outputs/projects, facilitating reforms, rewarding significant reforms). The instrument remains a routine, transactional application of the Act (including the statutory debit limit) rather than a substantive change in scope."},"complexity_factors":["Short, single-purpose instrument (sets payment amounts and procedural rules).","4 key defined terms in the interpretation section (Act, COAG Reform Fund, Intergovernmental Agreement, State).","Cross-references to several external instruments and Acts (Federal Financial Relations Act 2009; COAG Reform Fund Act 2008; Intergovernmental Agreement on Federal Financial Relations; Public Governance, Performance and Accountability Act 2013; Legislative Instruments Act 2003).","Two conditional-logic branches for payments: (a) incentive payments requiring independent assessment and Minister/delegate determination, and (b) facilitation/project payments based on expenditure/performance reporting (s 10).","Itemised numeric schedules (Table 1 and Schedule 1) and a cumulative Table 2 requiring arithmetic reconciliation against a statutory debit limit ($25,000,000,000) (ss 12, 15–17).","Ministerial/delegate discretion over payment decisions adds administrative judgement points.","Exemption from parliamentary disallowance (s 4) changes normal oversight pathways and is a single, concrete legal exception."],"plain_english_summary":"**What this instrument does (short):**\n\n- This is a Treasurer's determination under section 16 of the Federal Financial Relations Act 2009 that directs specified sums to be credited to the COAG Reform Fund and paid to particular States on 9 May 2016 as National Partnership payments (see Parts 2–3, especially ss 5 and 12–13).\n\n**Who it affects:**\n\n- The Commonwealth (which credits the COAG Reform Fund and authorises payments). \n- All States and the two Territories (they are eligible recipients and specific States are named in the payment tables). \n- Commonwealth Ministers or their delegates (they decide whether conditional payments are paid). \n- State officials who must meet reporting or milestone requirements, and independent assessors if milestones require external verification.\n\n**Why it matters (mechanics, not politics):**\n\n- It makes and records concrete payments from the Commonwealth to States for three permitted purposes: (a) to support delivery of specified outputs or projects, (b) to facilitate State reforms, or (c) to reward nationally significant reforms (s 5). \n- Payments are first credited to the COAG Reform Fund (a Special Account) and then paid to States (ss 6–7, 13). \n- Where a National Partnership requires milestones or performance benchmarks, the relevant Commonwealth Minister or delegate decides whether the payment is made after an independent assessment (for incentive payments) or on the basis of expenditure and performance reporting (for facilitation/project payments) (s 10). \n- If no benchmarks are required, payments follow the schedule set out in the National Partnership (s 11). \n- The instrument lists the amounts to be paid on 9 May 2016 (Table 1 / Schedule 1) and shows cumulative amounts in the 2015–16 year to confirm they do not exceed the statutory debit limit of $25 billion (ss 12, 15–17). \n- The instrument is treated as a legislative instrument but is exempt from disallowance by Parliament under section 42 of the Legislative Instruments Act 2003 (s 4).\n\n**Practical effects and the incentive/cost structure:**\n\n- Who pays: the Commonwealth funds the payments by crediting the COAG Reform Fund (ss 6–7). The fiscal cost is borne by the Commonwealth appropriation framework (the instrument shows the amounts and checks the debit limit) (ss 15–17). \n- Who decides: the Commonwealth Minister (or delegate) determines whether conditional payments are made following assessments or reporting (s 10). \n- What recipients must do: States must deliver the specified outputs/projects or reforms, and where required provide expenditure and performance reports or submit to independent assessments outlined in a National Partnership agreement (ss 7, 9–11). \n- Concentration of benefits: the instrument directs named payments to particular States and projects (Table 1 / Schedule 1). Those States and projects receive concentrated financial benefit; the instrument itself does not reallocate those funds at the discretion of other parties (s 12 and Schedule 1). \n- Compliance and administrative burden: payments are made under written agreements between Commonwealth and State (COAG Reform Fund Act requirement referenced at s 7), and the Minister/delegate exercises judgement on whether reporting or assessments satisfy requirements (s 10). \n- Parliamentary oversight: the disallowance exemption (s 4) reduces the ordinary Parliamentary mechanism to annul the instrument; the instrument therefore relies on the statutory framework and intergovernmental agreements for accountability. \n\n**Trade-offs and implementation risks to watch for (mechanisms, not judgment):**\n\n- Conditionality rests on Ministerial or delegated determinations and on independent assessments or State reporting; this centralises an element of administrative discretion in the Commonwealth (s 10). \n- The instrument ties up part of the statutory debit limit for the year; that is an opportunity cost within the Commonwealth’s fiscal envelope (ss 15–17). \n- Because payments are targeted to named projects/states, there is a direct link between Commonwealth funding and particular State activities; the precise policy and procurement outcomes at the State level are determined by the accompanying National Partnership agreements and by State implementation (ss 7, 9, Schedule 1). \n\n**Where to look in the instrument for details:**\n\n- Purpose and permitted uses: s 5. \n- Credit to COAG Reform Fund and requirement for written agreement: ss 6–7. \n- How conditional payments are decided: s 10. \n- Exact payment amounts and schedule: Table 1 and Schedule 1 (Part 3 / Schedule 1). \n- Debit limit and cumulative totals: ss 15–17 and Table 2. \n\n(References in parentheses are to the numbered provisions of the Determination.)"},"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"}},"importantCases":[],"_links":{"self":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-106-may-2016","history":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-106-may-2016/history","analysis":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-106-may-2016/analysis","conflicts":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-106-may-2016/conflicts","importantCases":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-106-may-2016/important-cases","documents":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-106-may-2016/documents"}}