{"id":"F2016L01203","name":"Federal Financial Relations (National Partnership payments) Determination No. 108 (June 2016)","slug":"federal-financial-relations-national-partnership-payments-determination-no-108-june-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94590,"registerId":"commonwealth-F2016L01203-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. 108 (JUNE 2016)","content":"# Federal Financial Relations (National Partnership Payments) Determination No. 108 (JUNE 2016)","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"preliminary","content":"```html\n

Federal Financial Relations (National Partnership Payments) Determination No. 108 (JUNE 2016)

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

SCOTT JOHN MORRISON


Dated: 23 June 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. 108 (June 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 27 June 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 27 June 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. 108 (June 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. 108 (JUNE 2016)

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

SCOTT JOHN MORRISON


Dated: 23 June 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. 108 (June 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 27 June 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 27 June 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. 108 (JUNE 2016)

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

SCOTT JOHN MORRISON


Dated: 23 June 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. 108 (June 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 27 June 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 27 June 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 27 June 2016","content":"### Table 1: National Partnership payments for payment on 27 June 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 27 June 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 $25,000,000,000.00.\n 16. The amounts specified in Table 2 are the total amounts determined in the 2015\\-16 financial year in respect of National Partnership payments under section 16 of the Act, including this determination.","sortOrder":12},{"sectionNumber":"Table 2: Total cumulative payments of Na","sectionType":"division","heading":"Table 2: Total cumulative payments of National Partnership payments in 2015-16","content":"### Table 2: Total cumulative payments of National Partnership payments in 2015-16\n\n ![](image.002.png)\n 17. The total amount determined for National Partnership payments to date in the 2015-16 financial year does not exceed the debit limit.","sortOrder":13},{"sectionNumber":"SChedule 1","sectionType":"part","heading":null,"content":"# SChedule 1\n\n## Amounts of National Partnership Payments for payment on 27 JUNE 2016 ($)\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 27 JUNE 2016 ($)","content":"## Amounts of National Partnership Payments for payment on 27 JUNE 2016 ($)\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 performs exactly the function intended by the Federal Financial Relations Act 2009: making specific National Partnership payments to States. It has not expanded beyond the original statutory purpose."},"complexity_factors":["Only 4 defined terms in the interpretation section","Straightforward purpose clause with three clear categories (outputs/projects, reforms, rewards)","Simple conditional structure: performance-based vs scheduled payments (sections 10-11)","Single cross-reference chain (Federal Financial Relations Act → COAG Reform Fund Act → Public Governance Act) that is clearly explained","Mechanical compliance check: only needs to verify $25 billion cap isn't exceeded","No nested exceptions or recursive definitions","Repetition in the provided text (duplicated Parts) is a formatting artifact, not legislative complexity"],"plain_english_summary":"This Treasurer’s determination (Scott Morrison) authorises the Commonwealth to pay States and Territories specified National Partnership payments—scheduled for 27 June 2016—and confirms total 2015–16 National Partnership payments will not exceed $25 billion. It channels funds through the COAG Reform Fund, includes performance conditions for some payments, and is binding without parliamentary disallowance. It directly affects State and Territory governments (recipients) and Australian taxpayers (funding source)."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination is an administrative implementation of section 16 of the Federal Financial Relations Act 2009: it specifies amounts, recipients and timing for National Partnership payments and records compliance with the statutory debit limit. It does not expand the statutory purposes for National Partnership payments, create new categories of recipients, or broaden the legal powers of the Commonwealth beyond those in the existing Act and Intergovernmental Agreement. In other words, it stays within the original, authorised scope (crediting the COAG Reform Fund and directing specified payments under National Partnerships) rather than materially changing the program's scope."},"complexity_factors":["Short instrument focused on scheduling payments rather than creating new regulatory regimes","4 defined terms in the interpretation section (Act; COAG Reform Fund; Intergovernmental Agreement; State) (clause 3)","Cross-references to multiple external instruments and Acts (Federal Financial Relations Act 2009; COAG Reform Fund Act 2008; Intergovernmental Agreement; Legislative Instruments Act 2003) (clauses 1, 4, 6–8)","Conditional payment logic tied to milestones and performance benchmarks with two distinct decision routes (incentive payments require independent assessment; facilitation/project payments require expenditure/performance reporting) (clause 10)","Inclusion of payment tables and a schedule listing multiple payments (Table 1 and Schedule 1) and a cumulative Table 2","Statutory annual debit limit to check against (clause 15) and reporting requirement to show the limit is not breached (clause 16–17)","Ministerial discretion / delegate decisions over payment triggers (clause 10) which introduces practical conditional branches"],"plain_english_summary":"**What this instrument does (short answer)**\n\n- This is an administrative Treasury determination that credits money to the COAG Reform Fund and directs specified National Partnership payments to the States on a particular date (27 June 2016). (See clauses 6, 12–13 and Schedule 1.)\n\n**Who pays and who receives**\n\n- The Commonwealth (through amounts credited to the COAG Reform Fund) provides the money. (Clause 6.)\n- The recipients are the States (including the Australian Capital Territory and the Northern Territory). (Definition of \"State\", clause 3, and Table 1 / Schedule 1.)\n\n**What the money is for**\n\n- Payments are grants to support delivery of specified outputs or projects, to facilitate reforms by States, or to reward States for nationally significant reforms. (Clause 5.)\n- Each payment is linked to a National Partnership agreement that sets the payment profile and, where relevant, milestones or performance benchmarks. (Clauses 8–11.)\n\n**How payments are controlled or triggered**\n\n- If a payment requires pre-determined milestones or performance benchmarks, the relevant Commonwealth Minister (or delegate) decides whether the payment is made after receiving either an independent assessment (for reward/incentive payments) or expenditure/performance reports (for facilitation/project payments). (Clause 10(a)–(b).)\n- If milestones are not required, payments follow the schedule set out in the relevant National Partnership. (Clause 11.)\n- All amounts determined under section 16 must be credited first to the COAG Reform Fund (a special account) before being paid to States. (Clause 6 and clause 13.)\n\n**Legal and procedural points that matter for implementation**\n\n- The determination is a legislative instrument made under section 16 of the Federal Financial Relations Act 2009. However, disallowance by Parliament under section 42 of the Legislative Instruments Act 2003 does not apply to this instrument. That limits the ordinary parliamentary disallowance review process. (Clause 4.)\n- The COAG Reform Fund requires a written agreement between the Commonwealth and a State describing the terms and conditions for the assistance. That agreement is the formal vehicle for implementation and reporting. (Clause 7.)\n- There is a statutory debit limit on total National Partnership amounts credited to the COAG Reform Fund in the 2015–16 year: $25,000,000,000. The determination reports cumulative totals to show the limit is not exceeded. (Clauses 15–17 and Table 2.)\n\n**Why this matters (mechanics, incentives and trade-offs)**\n\n- Purpose claims: The instrument says it exists to deliver funding for specific projects, to facilitate reform and to reward nationally significant reform (clause 5). Mechanically it implements those claims by: (a) earmarking money in a dedicated special account (clause 6), (b) requiring written agreements that set terms and reporting (clause 7), and (c) tying some payments to milestone assessments or ministerial determinations (clauses 10–11).\n\n- Who pays and who gains: The cost is borne by the Commonwealth budget (taxpayers), while benefits are concentrated in the States and the specific projects listed in the Schedule (clause 12 and Schedule 1). Concentrated benefits create an incentive for States to negotiate National Partnerships for projects or reforms that attract Commonwealth funding.\n\n- Administrative, compliance and reporting costs: States must enter written agreements and comply with expenditure and performance reporting to receive facilitation or project payments (clause 7 and clause 10(b)). Independent assessments are required for some incentive payments (clause 10(a)). Those requirements impose administrative and verification costs on both levels of government.\n\n- Ministerial discretion and implementation risk: Where payments depend on milestone or benchmark assessments, the Minister or an authorised delegate has the decision-making power to trigger payments (clause 10). This introduces implementation risks (delay, differing assessments, or contestation about whether benchmarks are met) and relies on quality of independent assessments and reporting.\n\n- Fiscal constraints and opportunity cost: Payments count toward a statutory debit limit for the year (clauses 15–17). Allocating funds through National Partnerships reduces Commonwealth budget headroom for other priorities in that financial year.\n\n- Effects on private actors: The instrument itself does not directly regulate private businesses. Indirectly, funded projects and reforms may change the procurement environment, create business opportunities, or alter state-level regulatory settings — but those effects depend on the content of the underlying National Partnership agreements, not this determination.\n\n**Practical operation**\n\n- This determination lists specific dollar amounts and recipients in Table 1 / Schedule 1 to be credited to COAG Reform Fund and paid to States on 27 June 2016 (clauses 12–14 and Schedule 1).\n- It also reports cumulative National Partnership amounts for the 2015–16 year and confirms the debit limit is not exceeded (clauses 15–17 and Table 2).\n\n**Bottom line**\n\n- This is an administrative instrument that operationalises payments under the Federal Financial Relations framework: it credits money to the COAG Reform Fund and schedules specific National Partnership payments to States, subject to written agreements, reporting, milestone assessment and a statutory yearly debit limit (clauses 5–17 and Schedule 1). It centralises payment decisions with the Commonwealth (Treasurer/Minister or delegate) while obliging States to meet contractual and reporting conditions to receive funds."},"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-national-partnership-payments-determination-no-108-june-2016","history":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-108-june-2016/history","analysis":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-108-june-2016/analysis","conflicts":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-108-june-2016/conflicts","importantCases":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-108-june-2016/important-cases","documents":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-108-june-2016/documents"}}