What it does
This instrument is a Federal Financial Relations Determination that specifies settled dollar amounts to be paid as general purpose financial assistance to particular Australian States and Territories. Its formal name is the Federal Financial Relations (General Purpose Financial Assistance,2020-21 Payment No. 10) Determination 2021 (s 1). The instrument is made under the Federal Financial Relations Act 2009 (s 3) and, by note, each determination in Part 2 is made under subsection 9(1) of the Act (Part 2, Note 1). The operative element is the table in section 5, which lists nine items: eight State/Territory entries and a total. The table records literal monetary entries: New South Wales, Victoria, Queensland, South Australia, Tasmania and Northern Territory display “$-”; Western Australia is assigned $40,604,961.86; Australian Capital Territory is assigned $3,437,218.31; and the total is $44,042,180.17 (s 5 table).
Mechanically, the instrument (a) comes into legal force on the day it is registered (s 2, Commencement table), (b) defines the term “the Act” to mean the Federal Financial Relations Act 2009 (s 4), and (c) creates a discrete determination of amounts for a particular financial year payment round (Part 2, Note 2 describes that a payment of the amounts “is proposed to be made in April 2021”). The instrument does not in its text include implementing administrative steps, specific payer identification beyond the settled amounts “to be paid to the State mentioned in that item for the purpose of making a grant of general purpose financial assistance to that State” (s 5), nor does it prescribe conditions on the use of the funds beyond their purpose as “general purpose financial assistance.”
The instrument emphasises its statutory provenance: the Definitions provision imports terminology from the Federal Financial Relations Act 2009 as in force from time to time, via paragraph 13(1)(b) of the Legislation Act 2003 (s 4, note). The commencement table carries a further drafting caution: the table is stated to relate only to the provisions as originally made and will not be amended to deal with later amendments (s 2(1) table note). Column 3 of the commencement table is explicitly declared not part of the instrument (s 2(2)). Practitioners should therefore treat the text, the commencement timing and the amounts in section 5 as the operative content of the Determination.