Federal Financial Relations (General pur
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This determination authorizes the Commonwealth to make general-purpose financial assistance payments to States and Territories — untied funding each recipient can spend as it chooses. It covers royalties and tax adjustments: North West Shelf receipts for Western Australia (with an accounting correction), uranium royalties in lieu for the Northern Territory, Snowy Hydro tax compensation for New South Wales and Victoria, and extra municipal costs for the Australian Capital Territory.
Payments are routed via the COAG Reform Fund and kept within the 2008–09 $500 million cap.
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Direct links to the current provisions in Federal Financial Relations (General Purpose Financial Assistance) Determination 2009 No. 1 (April).
| Federal Financial Relations (General purpose financial assistance) Determination 2009 No.1 (April) |
|---|
| I, WAYNE MAXWELL SWAN, Treasurer, make this Determination under Section 9 of the Federal Financial Relations Act 2009. |
| Wayne Maxwell SwanWAYNE MAXWELL SWAN |
| Dated: 20 April 2009 |
This determination is the Federal Financial Relations (General purpose financial assistance) Determination 2009 No.1 (April).
2. This determination commences on the day on which this determination is made.
3. The following definitions are used throughout this determination:
Act means the Federal Financial Relations Act 2009.
COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
Drawing right means a drawing right issued under section 27 of the Financial Management and Accountability Act 1997.
Intergovernmental 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.
State includes the Australian Capital Territory and the Northern Territory.
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.
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.
6. Subsection 9(2) of the Act requires that an amount determined under subsection 9(1) must be credited to the COAG Reform Fund.
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 Financial Management and Accountability Act 1997.
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.
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.
10. In accordance with subsection 9(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 general purpose financial assistance to those States.
11. These amounts will be credited to the COAG Reform Fund before being paid to the States on 21 April 2009.
12. Schedule 2 to this determination provides further information on these payments.
13. Subsection 9(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making a grant of general purpose financial assistance in the financial year starting on 1 July 2008 must not exceed $500,000,000.
14. The amounts specified in Table 2 are the total amounts determined in the 2008-09 financial year in respect of general purpose financial assistance under section 9 of the Act, including this determination.
15. The total amount determined for payment of general purpose financial assistance to date in the 2008-09 financial year does not exceed the general drawing rights limit.
This determination is the Federal Financial Relations (General purpose financial assistance) Determination 2009 No.1 (April).
2. This determination commences on the day on which this determination is made.
3. The following definitions are used throughout this determination:
Act means the Federal Financial Relations Act 2009.
COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
Drawing right means a drawing right issued under section 27 of the Financial Management and Accountability Act 1997.
Intergovernmental 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.
State includes the Australian Capital Territory and the Northern Territory.
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.
| Federal Financial Relations (General purpose financial assistance) Determination 2009 No.1 (April) |
|---|
| I, WAYNE MAXWELL SWAN, Treasurer, make this Determination under Section 9 of the Federal Financial Relations Act 2009. |
| Wayne Maxwell SwanWAYNE MAXWELL SWAN |
| Dated: 20 April 2009 |
This determination is the Federal Financial Relations (General purpose financial assistance) Determination 2009 No.1 (April).
2. This determination commences on the day on which this determination is made.
3. The following definitions are used throughout this determination:
Act means the Federal Financial Relations Act 2009.
COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
Drawing right means a drawing right issued under section 27 of the Financial Management and Accountability Act 1997.
Intergovernmental 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.
State includes the Australian Capital Territory and the Northern Territory.
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.
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.
6. Subsection 9(2) of the Act requires that an amount determined under subsection 9(1) must be credited to the COAG Reform Fund.
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 Financial Management and Accountability Act 1997.
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.
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.
10. In accordance with subsection 9(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 general purpose financial assistance to those States.
11. These amounts will be credited to the COAG Reform Fund before being paid to the States on 21 April 2009.
12. Schedule 2 to this determination provides further information on these payments.
13. Subsection 9(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making a grant of general purpose financial assistance in the financial year starting on 1 July 2008 must not exceed $500,000,000.
14. The amounts specified in Table 2 are the total amounts determined in the 2008-09 financial year in respect of general purpose financial assistance under section 9 of the Act, including this determination.
15. The total amount determined for payment of general purpose financial assistance to date in the 2008-09 financial year does not exceed the general drawing rights limit.
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.
6. Subsection 9(2) of the Act requires that an amount determined under subsection 9(1) must be credited to the COAG Reform Fund.
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 Financial Management and Accountability Act 1997.
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.
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.
| Federal Financial Relations (General purpose financial assistance) Determination 2009 No.1 (April) |
|---|
| I, WAYNE MAXWELL SWAN, Treasurer, make this Determination under Section 9 of the Federal Financial Relations Act 2009. |
| Wayne Maxwell SwanWAYNE MAXWELL SWAN |
| Dated: 20 April 2009 |
This determination is the Federal Financial Relations (General purpose financial assistance) Determination 2009 No.1 (April).
2. This determination commences on the day on which this determination is made.
3. The following definitions are used throughout this determination:
Act means the Federal Financial Relations Act 2009.
COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
Drawing right means a drawing right issued under section 27 of the Financial Management and Accountability Act 1997.
Intergovernmental 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.
State includes the Australian Capital Territory and the Northern Territory.
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.
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.
6. Subsection 9(2) of the Act requires that an amount determined under subsection 9(1) must be credited to the COAG Reform Fund.
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 Financial Management and Accountability Act 1997.
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.
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.
10. In accordance with subsection 9(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 general purpose financial assistance to those States.
11. These amounts will be credited to the COAG Reform Fund before being paid to the States on 21 April 2009.
12. Schedule 2 to this determination provides further information on these payments.
13. Subsection 9(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making a grant of general purpose financial assistance in the financial year starting on 1 July 2008 must not exceed $500,000,000.
14. The amounts specified in Table 2 are the total amounts determined in the 2008-09 financial year in respect of general purpose financial assistance under section 9 of the Act, including this determination.
15. The total amount determined for payment of general purpose financial assistance to date in the 2008-09 financial year does not exceed the general drawing rights limit.
10. In accordance with subsection 9(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 general purpose financial assistance to those States.
11. These amounts will be credited to the COAG Reform Fund before being paid to the States on 21 April 2009.
12. Schedule 2 to this determination provides further information on these payments.
13. Subsection 9(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making a grant of general purpose financial assistance in the financial year starting on 1 July 2008 must not exceed $500,000,000.
14. The amounts specified in Table 2 are the total amounts determined in the 2008-09 financial year in respect of general purpose financial assistance under section 9 of the Act, including this determination.
15. The total amount determined for payment of general purpose financial assistance to date in the 2008-09 financial year does not exceed the general drawing rights limit.
| Payment title | Purpose | Relevant agreement |
|---|---|---|
| Royalty payments | ||
| — 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 |
| — Ranger Project Area | The Commonwealth will provide general purpose financial assistance to the Northern Territory in lieu of royalties on uranium mining due to the Commonwealth's ownership of uranium in the Northern Territory. | Schedule D – Payment arrangement of the Intergovernmental Agreement |
| 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 |
| Taxation compensation in respect of Snowy Hydro Limited | The Commonwealth provides compensation payments to New South Wales and Victoria, in the form of general purpose financial assistance, for Commonwealth taxes paid by Snowy Hydro Ltd in proportion to the States' shareholdings. Payments are made in accordance with the Snowy Hydro Tax Compensation Deed between the Commonwealth, New South Wales and Victoria. These taxes would have previously been payable to the States through tax equivalence regime payments. | Schedule D – Payment arrangement of the Intergovernmental Agreement |
| 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 |
Schedule 2
(a) No amount payable this month.
(b) This determination provides for the recovery of the overpayment of royalties between July and December 2008 and the payment of an additional amount of compensation for this period. The royalty payments between July and December 2008 continued to be calculated on the basis that condensate was not subject to excise. Subsequently, the Commonwealth has calculated that the amount of royalty paid to Western Australia during this time included $34,403,339.49 that should have been paid as compensation for the decision to put an excise on condensate. These adjustments will ensure that the amount of royalties and compensation paid to Western Australia for the year will be correct for budget accounting purposes. The net impact of these adjustments on the payment to Western Australia will be nil.
| Payment title | Purpose | Relevant agreement |
|---|---|---|
| Royalty payments | ||
| — 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 |
| — Ranger Project Area | The Commonwealth will provide general purpose financial assistance to the Northern Territory in lieu of royalties on uranium mining due to the Commonwealth's ownership of uranium in the Northern Territory. | Schedule D – Payment arrangement of the Intergovernmental Agreement |
| 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 |
| Taxation compensation in respect of Snowy Hydro Limited | The Commonwealth provides compensation payments to New South Wales and Victoria, in the form of general purpose financial assistance, for Commonwealth taxes paid by Snowy Hydro Ltd in proportion to the States' shareholdings. Payments are made in accordance with the Snowy Hydro Tax Compensation Deed between the Commonwealth, New South Wales and Victoria. These taxes would have previously been payable to the States through tax equivalence regime payments. | Schedule D – Payment arrangement of the Intergovernmental Agreement |
| 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 |
| Payment title | Purpose | Relevant agreement |
|---|---|---|
| Royalty payments | ||
| — 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 |
| — Ranger Project Area | The Commonwealth will provide general purpose financial assistance to the Northern Territory in lieu of royalties on uranium mining due to the Commonwealth's ownership of uranium in the Northern Territory. | Schedule D – Payment arrangement of the Intergovernmental Agreement |
| 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 |
| Taxation compensation in respect of Snowy Hydro Limited | The Commonwealth provides compensation payments to New South Wales and Victoria, in the form of general purpose financial assistance, for Commonwealth taxes paid by Snowy Hydro Ltd in proportion to the States' shareholdings. Payments are made in accordance with the Snowy Hydro Tax Compensation Deed between the Commonwealth, New South Wales and Victoria. These taxes would have previously been payable to the States through tax equivalence regime payments. | Schedule D – Payment arrangement of the Intergovernmental Agreement |
| 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 |
Schedule 2
(a) No amount payable this month.
(b) This determination provides for the recovery of the overpayment of royalties between July and December 2008 and the payment of an additional amount of compensation for this period. The royalty payments between July and December 2008 continued to be calculated on the basis that condensate was not subject to excise. Subsequently, the Commonwealth has calculated that the amount of royalty paid to Western Australia during this time included $34,403,339.49 that should have been paid as compensation for the decision to put an excise on condensate. These adjustments will ensure that the amount of royalties and compensation paid to Western Australia for the year will be correct for budget accounting purposes. The net impact of these adjustments on the payment to Western Australia will be nil.
(a) No amount payable this month.
(b) This determination provides for the recovery of the overpayment of royalties between July and December 2008 and the payment of an additional amount of compensation for this period. The royalty payments between July and December 2008 continued to be calculated on the basis that condensate was not subject to excise. Subsequently, the Commonwealth has calculated that the amount of royalty paid to Western Australia during this time included $34,403,339.49 that should have been paid as compensation for the decision to put an excise on condensate. These adjustments will ensure that the amount of royalties and compensation paid to Western Australia for the year will be correct for budget accounting purposes. The net impact of these adjustments on the payment to Western Australia will be nil.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
| Federal Financial Relations (General purpose financial assistance) Determination 2009 No.1 (April) |
|---|
| I, WAYNE MAXWELL SWAN, Treasurer, make this Determination under Section 9 of the Federal Financial Relations Act 2009. |
| Wayne Maxwell SwanWAYNE MAXWELL SWAN |
| Dated: 20 April 2009 |
This determination is the Federal Financial Relations (General purpose financial assistance) Determination 2009 No.1 (April).
2. This determination commences on the day on which this determination is made.
3. The following definitions are used throughout this determination:
Act means the Federal Financial Relations Act 2009.
COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
Drawing right means a drawing right issued under section 27 of the Financial Management and Accountability Act 1997.
Intergovernmental 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.
State includes the Australian Capital Territory and the Northern Territory.
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.
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.
6. Subsection 9(2) of the Act requires that an amount determined under subsection 9(1) must be credited to the COAG Reform Fund.
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 Financial Management and Accountability Act 1997.
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.
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.
10. In accordance with subsection 9(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 general purpose financial assistance to those States.
11. These amounts will be credited to the COAG Reform Fund before being paid to the States on 21 April 2009.
12. Schedule 2 to this determination provides further information on these payments.
13. Subsection 9(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making a grant of general purpose financial assistance in the financial year starting on 1 July 2008 must not exceed $500,000,000.
14. The amounts specified in Table 2 are the total amounts determined in the 2008-09 financial year in respect of general purpose financial assistance under section 9 of the Act, including this determination.
15. The total amount determined for payment of general purpose financial assistance to date in the 2008-09 financial year does not exceed the general drawing rights limit.
This determination is the Federal Financial Relations (General purpose financial assistance) Determination 2009 No.1 (April).
2. This determination commences on the day on which this determination is made.
3. The following definitions are used throughout this determination:
Act means the Federal Financial Relations Act 2009.
COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
Drawing right means a drawing right issued under section 27 of the Financial Management and Accountability Act 1997.
Intergovernmental 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.
State includes the Australian Capital Territory and the Northern Territory.
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.
| Federal Financial Relations (General purpose financial assistance) Determination 2009 No.1 (April) |
|---|
| I, WAYNE MAXWELL SWAN, Treasurer, make this Determination under Section 9 of the Federal Financial Relations Act 2009. |
| Wayne Maxwell SwanWAYNE MAXWELL SWAN |
| Dated: 20 April 2009 |
This determination is the Federal Financial Relations (General purpose financial assistance) Determination 2009 No.1 (April).
2. This determination commences on the day on which this determination is made.
3. The following definitions are used throughout this determination:
Act means the Federal Financial Relations Act 2009.
COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
Drawing right means a drawing right issued under section 27 of the Financial Management and Accountability Act 1997.
Intergovernmental 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.
State includes the Australian Capital Territory and the Northern Territory.
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.
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.
6. Subsection 9(2) of the Act requires that an amount determined under subsection 9(1) must be credited to the COAG Reform Fund.
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 Financial Management and Accountability Act 1997.
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.
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.
10. In accordance with subsection 9(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 general purpose financial assistance to those States.
11. These amounts will be credited to the COAG Reform Fund before being paid to the States on 21 April 2009.
12. Schedule 2 to this determination provides further information on these payments.
13. Subsection 9(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making a grant of general purpose financial assistance in the financial year starting on 1 July 2008 must not exceed $500,000,000.
14. The amounts specified in Table 2 are the total amounts determined in the 2008-09 financial year in respect of general purpose financial assistance under section 9 of the Act, including this determination.
15. The total amount determined for payment of general purpose financial assistance to date in the 2008-09 financial year does not exceed the general drawing rights limit.
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.
6. Subsection 9(2) of the Act requires that an amount determined under subsection 9(1) must be credited to the COAG Reform Fund.
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 Financial Management and Accountability Act 1997.
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.
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.
| Federal Financial Relations (General purpose financial assistance) Determination 2009 No.1 (April) |
|---|
| I, WAYNE MAXWELL SWAN, Treasurer, make this Determination under Section 9 of the Federal Financial Relations Act 2009. |
| Wayne Maxwell SwanWAYNE MAXWELL SWAN |
| Dated: 20 April 2009 |
This determination is the Federal Financial Relations (General purpose financial assistance) Determination 2009 No.1 (April).
2. This determination commences on the day on which this determination is made.
3. The following definitions are used throughout this determination:
Act means the Federal Financial Relations Act 2009.
COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
Drawing right means a drawing right issued under section 27 of the Financial Management and Accountability Act 1997.
Intergovernmental 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.
State includes the Australian Capital Territory and the Northern Territory.
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.
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.
6. Subsection 9(2) of the Act requires that an amount determined under subsection 9(1) must be credited to the COAG Reform Fund.
7. The COAG Reform Fund Act 2008 established the COAG Reform
This is an opening excerpt, not the complete document.