This determination (made under subsection 9(1) of the Federal Financial Relations Act 2009) directs specific one‑off payments of general purpose financial assistance to certain States and Territories, payable on 21 August 2017. It lists the payment amounts (notably to Western Australia, the Australian Capital Territory and the Northern Territory) and a total of $57,122,821.79. The instrument takes effect when made and records who receives those Commonwealth grants.
This Determination fixes a one‑off schedule of Commonwealth payments described as "General purpose financial assistance" (GPFA) to specified States and Territories, and records the formal making and commencement of that instrument. The instrument identifies the maker, the statutory head of power and the operative instruction: "The amounts specified in the following table are to be paid to the States for the purpose of making a grant of general purpose financial assistance to those States" (see Determination, para 3 and Table: General Purpose financial assistance for payment on 21 August 2017). The Determination is signed by Michael Sven Sukkar, Assistant Minister to the Treasurer, and dated 16 August 2017 (see heading and signature block).
Mechanically the Determination does three things:
Records the title of the instrument: Federal Financial Relations (General Purpose Financial Assistance) Determination No.101 (August 2017) (see Name of determination).
Declares its commencement: it "commences on the day on which it is made" (see Commencement, para 2). The signature block shows it was dated 16 August 2017, so the instrument took effect on that date (see signature and Commencement).
Specifies the payment schedule and amounts in a table headed "General Purpose financial assistance for payment on 21 August 2017" (see Table). The table itemises payments by State/Territory and shows non‑zero amounts for Western Australia ($51,983,498.95), Australian Capital Territory ($3,296,804.93) and Northern Territory ($1,842,517.91), with a total of $57,122,821.79. Other jurisdictions listed in the table (New South Wales, Victoria, Queensland, South Australia, Tasmania) show a hyphen entry indicating no payment in this Determination.
The instrument is made under subsection 9(1) of the Federal Financial Relations Act 2009, which is cited in the preamble as the enabling authority for this Determination (see introductory paragraph referencing s 9(1) of the Federal Financial Relations Act 2009). The Determination does not include conditions on use beyond the broad phrase "for the purpose of making a grant of general purpose financial assistance to those States" (see Determination, para 3 and Table heading). The table heading also specifies the target payment date of 21 August 2017, so the scheduled cash movement is temporally distinct from the instrument's commencement date.
Current sections
Direct links to the current provisions in Federal Financial Relations (General Purpose Financial Assistance) Determination No.101 (August 2017).
This determination is the Federal Financial Relations (General Purpose Financial Assistance) Determination No.101 (August 2017).
Commencement
2. This determination commences on the day on which it is made.
Determination
3. The amounts specified in the following table are to be paid to the States for the purpose of making a grant of general purpose financial assistance to those States.
Table: General Purpose financial assistance for payment on 21 August 2017
This determination is the Federal Financial Relations (General Purpose Financial Assistance) Determination No.101 (August 2017).
Commencement
Commencement
Commencement
2. This determination commences on the day on which it is made.
Determination
Determination
Determination
3. The amounts specified in the following table are to be paid to the States for the purpose of making a grant of general purpose financial assistance to those States.
Table: General Purpose financial assista
Table: General Purpose financial assistance for payment on 21 August 2017
Table: General Purpose financial assistance for payment on 21 August 2017
This determination is the Federal Financial Relations (General Purpose Financial Assistance) Determination No.101 (August 2017).
Commencement
2. This determination commences on the day on which it is made.
In short, the Determination directs specific dollar amounts to be paid, on 21 August 2017, as GPFA to three jurisdictions, is made under s 9(1) of the enabling Act, and commenced on the date of signature, 16 August 2017.
Main concepts
The instrument relies on a small set of formal concepts shown explicitly in the text: "determination" as an instrument under the Federal Financial Relations Act 2009, "general purpose financial assistance" as the character of the grant, named recipient "the States", and a dated payment schedule. Each concept is used in a narrow, operational way in the text.
Determination: The instrument is titled and described as a Determination under the Federal Financial Relations Act 2009; it is No.101 (August 2017). The opening statement records the maker and that the Determination is made under subsection 9(1) of the enabling Act (see Name of determination; opening paragraph). The instrument therefore is a statutory instrument implementing Commonwealth financial directions authorised by the enabling Act.
Commencement: The Determination declares that it "commences on the day on which it is made" (see Commencement, para 2). The signature block shows the instrument is dated 16 August 2017, which is the operative commencement date according to the text.
Purpose and operation: Paragraph 3 states the operative instruction: "The amounts specified in the following table are to be paid to the States for the purpose of making a grant of general purpose financial assistance to those States." That phrasing separates the directive to pay specified amounts from the later use , the payments are to be paid "for the purpose of making a grant" of GPFA. The table heading specifies the payment date: "for payment on 21 August 2017."
Table entries and numeric precision: The Table itemises jurisdictional entries. Several jurisdictions are shown with a "-" entry; Western Australia, ACT and NT are shown with explicit dollar amounts, down to cents (e.g. $51,983,498.95). A total line provides the aggregate $57,122,821.79. The Determination therefore operates as a discrete payment schedule rather than a formulaic or ongoing allocation.
Maker and signature: The instrument is signed by Michael Sven Sukkar, Assistant Minister to the Treasurer, and is dated 16 August 2017. The maker and date are part of the prescribed formalities that effect commencement (see signature block).
Notably, the Determination does not define "general purpose financial assistance" within its text, specify recipients beyond "the States", itemise recipients within State administrative structures, nor attach conditions or reporting requirements. It confines itself to the nomenclature required for a payment determination: authority, commencement, amount, recipient, and payment date. As made, its scope is narrowly transactional rather than regulatory; it prescribes payment amounts and dates rather than substantive policy strings attached to those payments.
Who it affects
The Determination directly affects three classes of actors identifiable in the text: the maker (Assistant Minister to the Treasurer), the persons/institutions required to effect the payments, and the recipient States/Territories identified in the Table. Indirectly, it affects any downstream public entities in those States that benefit from general purpose financial assistance after the States make the relevant grants.
Directly affected parties, per the text:
The maker and Commonwealth decision‑makers: The instrument is made by Michael Sven Sukkar, Assistant Minister to the Treasurer (see opening paragraph and signature). That identifies who exercised the statutory power under s 9(1) of the Federal Financial Relations Act 2009 to create the payment direction.
The paying authority: The Determination instructs "The amounts specified ... are to be paid to the States" (para 3 and Table heading). The instrument does not name the specific Commonwealth department or agency that will discharge the payments, but by operation it creates an obligation or direction for a Commonwealth payment to be made on the specified date. Practically the responsibility to effect the payments will fall on the Commonwealth's finance arm or Treasury's payment mechanisms, but that operational allocation is not spelled out in the Determination text.
Recipient States/Territories: The Table lists New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, Australian Capital Territory and Northern Territory. Monetary entries are recorded only for Western Australia ($51,983,498.95), Australian Capital Territory ($3,296,804.93) and Northern Territory ($1,842,517.91). Other States show a hyphen, which the layout uses to indicate a nil payment in this instrument (see Table). The Table is headed "General Purpose financial assistance for payment on 21 August 2017", so the jurisdictions listed are the intended recipients of GPFA payments on that date.
State governance and recipients of GPFA: The Determination states payments are "for the purpose of making a grant of general purpose financial assistance to those States". That means the payments are provided to the States for the States to make GPFA grants. The Determination does not list ultimate beneficiaries within State systems; rather it funds States' capacities to make general purpose grants. Consequently, local public service agencies and entities that receive GPFA from their State treasuries will be indirectly affected insofar as their State uses the funds to finance public services. The Determination itself does not prescribe those downstream distributions.
Absent from the instrument are any private parties, non‑government organisations, or specified program operators as direct recipients. The table is explicitly jurisdictional and does not allocate funds to specific programs or private actors. Additionally, the Determination does not contain any conditions, reporting obligations, or directions addressed to the States about how to use the funds beyond the label "general purpose financial assistance".
Key duties and rights
The Determination itself creates a narrow set of duties and entitlements framed in payment terms. Those are:
Duty to pay specified amounts: The operative duty in the text is that "The amounts specified in the following table are to be paid to the States" (Determination, para 3 and Table heading). The instrument therefore establishes a payment instruction obliging whichever Commonwealth payment mechanism gives effect to Determinations under the Federal Financial Relations Act 2009 to disburse the indicated amounts on the specified date, 21 August 2017 (see Table heading).
Right of States to receive amounts: The States listed in the Table have an entitlement to the listed sums. The text does not condition or qualify the entitlement beyond the stated purpose , that the amounts are to be paid "for the purpose of making a grant of general purpose financial assistance to those States." The entitlement is therefore jurisdictional and monetary rather than programmatic.
Commencement obligation: The instrument "commences on the day on which it is made" (para 2). That creates an administrative milestone: the Determination is in force from its date of signature (16 August 2017), and the payment instruction is operative from that point forward.
What the Determination does not do is equally important for duties and rights:
It does not impose reporting, acquittal, or use‑conditional duties on the recipient States within the body of the Determination. The only stated purpose is that the amounts are "for the purpose of making a grant of general purpose financial assistance to those States." There are no further qualifiers, conditions, offsets, recovery mechanisms or sanction clauses in the text.
It does not specify the Commonwealth body responsible for effecting the payments, nor the method of payment, banking instructions, or internal accounting codes. Those operational duties will be governed by administrative practice and the enabling Act but are not set out here.
It does not create rights for third parties (service providers, recipients of State grants, individuals) to claim funds directly from the Commonwealth. The legal recipients according to the table are the States; any downstream rights depend on the States' own grant arrangements.
It does not alter statutory entitlements administered by States outside the GPFA label. The Determination simply supplies funds described as GPFA; it does not itself create program entitlements or statutory obligations for State officials.
In short, the Determination imposes a Commonwealth obligation to disburse scheduled sums and creates corresponding entitlements for named jurisdictions, but leaves the internal use, reporting and operational mechanics to the States and to administrative arrangements not specified in the instrument.
Penalties and enforcement
The Determination contains no express penalty, sanction, or enforcement mechanism within its text. It is a short payment direction: name, commencement, the operative instruction to pay the amounts in the table, and the table itself (see paras 1-3 and Table). The instrument does not prescribe remedies for non‑payment, recovery procedures, administrative penalties, criminal sanctions, or civil enforcement processes.
Given the absence of internal enforcement provisions, any enforcement or compliance oversight would depend on:
Provisions in the enabling statute: The preamble cites subsection 9(1) of the Federal Financial Relations Act 2009 as the head of power for the Determination. Any enforcement remedies regarding compliance with Determinations under that Act would therefore be derived from the Federal Financial Relations Act (or other general public finance legislation), not from this Determination. The Determination itself does not reproduce or summarise such mechanisms.
Administrative practice and finance rules: Operational enforcement , such as ensuring payment is executed on the scheduled date, reconciliation of accounts, and rectifying any payment errors , will typically proceed under the Commonwealth's financial management framework (Treasury/Departmental instructions, banking arrangements). These are administrative rather than statutory mechanisms and are not described in the Determination.
Political and accountability channels: Non‑payment or incorrect payment could be the subject of parliamentary scrutiny, ministerial direction, or public administrative remedies, but those are external to this document and are not specified in it.
Because the Determination provides no express enforcement or penalty clauses, users of the instrument should be aware that enforcement is a function of the enabling Act and administrative systems rather than of the Determination text. The Determination gives no indication of what happens if the payment is not made on the specified date, nor does it provide instructions for recovery of incorrectly paid sums. Any such mechanisms would need to be sought in the Federal Financial Relations Act 2009 or in relevant Commonwealth financial management instruments.
How it interacts with other laws
The Determination is expressly made under subsection 9(1) of the Federal Financial Relations Act 2009, which the instrument cites in its opening para as the statutory authority for making the Determination (see Name of determination and opening paragraph). Beyond that citation, the Determination does not reference any other statute, regulation, instrument, or financial rule within its text.
From the text we can record the following interactions or likely interfaces, strictly limited to what the Determination itself shows:
Enabling Act interface: The Determination's legal validity depends on subsection 9(1) of the Federal Financial Relations Act 2009, because the instrument purports to be made under that subsection (see opening paragraph). The Determination does not reproduce subsection 9(1) or describe its content; therefore to understand other legal constraints or procedural requirements (for example, consultation with States, publication obligations, or tabling in Parliament) one must consult the Federal Financial Relations Act 2009 itself. The Determination gives no internal account of such procedural steps.
Public finance and appropriation frameworks: The Determination directs payments of specified sums to States on 21 August 2017. Those payments will require appropriation authority and alignment with Commonwealth budget and Treasury processes. The Determination itself does not mention appropriation, nor does it identify the appropriation line or any budgetary instrument. The practical interaction with appropriation law and the Commonwealth's financial management rules therefore exists but is not detailed in the Determination.
State law and administrative interaction: The Determination supplies funds "for the purpose of making a grant of general purpose financial assistance to those States" (para 3). How those funds are treated under State law , whether they are consolidated revenue, hypothecated, or used for particular State programmes , is determined by State law and administrative practices. The Determination imposes no State law duties or conditions in its text; hence the interaction with State statutory regimes is one of funding flow rather than statutory direction.
Non‑referenced instruments and rules: The Determination does not mention any COAG agreements, National Partnership agreements, or other intergovernmental instruments that sometimes accompany federal financial relations. If such instruments existed, they are not referenced in this Determination.
In short, the Determination is a narrow statutory instrument that depends on an enabling Act for its authority but does not itself spell out interactions with other statutes or financial management rules. To fully map legal obligations, procedural prerequisites, and any constraints on the payments, a reader must consult the Federal Financial Relations Act 2009 and the Commonwealth's financial management and appropriation framework, since those interactions are not internalised in this Determination.
Amendment history
The Determination as provided contains internal repetition of its title and of the key provisions. The document repeats the "Name of determination", "Commencement", "Determination" and the Table, presenting essentially the same material in duplicated blocks. The instrument is dated 16 August 2017 and is titled No.101 (August 2017) (see heading and signature block). The Determination text itself does not record any amendments, variations, revocations or prior versions.
Key points from the document concerning amendment and dating:
Effective date and making date: The Determination "commences on the day on which it is made" (see Commencement, para 2), and the signature block records the issuing date as 16 August 2017 (see signature). That establishes the initial operative date for this instrument. There is no separate "made on" and "commencement on" distinction in the instrument beyond that statement.
Absence of amendment entries: The Determination does not include an "amendments" schedule, no marginal notes indicating variation, and no footnote indicating earlier versions. The document as supplied contains duplicated content but no formal amendment notation such as "This instrument amends Determination No X".
No revocation clause: The Determination contains no express clause revoking prior determinations or superseding earlier payment directions. If any earlier Determinations were in effect and needed to be superseded, the Determination does not record that step. Any revocation or supersession would have to be identified by consulting the Federal Register of Legislation or administrative records.
Versioning and publication: The document itself does not show whether it was tabled in Parliament or published in the Gazette; it records the maker and date. For an authoritative amendment history or to determine whether subsequent determinations altered these amounts, one must consult the formal legislative record or the Federal Register. The Determination text contains no retrospective amendment or subsequent alteration.
Therefore, within the four corners of this instrument there is a single making dated 16 August 2017 with no internal amendment history recorded. Users should treat the duplicated textual blocks as presentational rather than as a legal indication of separate versions. For any after‑the‑fact variations or revocations, the relevant public legislative registers would be the source to consult because the Determination does not provide that information.
Litigation history
The Determination does not record any litigation, and contains no references to court decisions, legal proceedings, or disputes. The text is a short administrative instrument that records payments and a date; it does not refer to any judicial authority or past litigation. Consequently, within the document there is no litigation history to report.
Because the Determination makes a financial direction under subsection 9(1) of the Federal Financial Relations Act 2009, any legal actions that might relate to it (for example, judicial review of the decision to make the Determination, or disputes over payment, or claims for recovery) would be initiated outside of the Determination and recorded in court records. The Determination itself contains no such record.
Practical implications for researchers and practitioners:
No recorded judicial interpretation: There are no cases cited in the Determination, so it does not carry within it any judicial interpretation or precedent. If parties seek to challenge the legal validity of the Determination, sources for precedential material would be cases dealing with the Federal Financial Relations Act 2009 or judicial review of administrative decisions, none of which are cited here.
Evidence of disputes must be sought externally: To determine whether the payments were the subject of controversy, recovery, or court orders, one must search court databases and public records; the Determination contains no pointers or annotations on that front.
Administrative dispute resolution: The Determination contains no internal dispute resolution or objection mechanism. Any dispute about the making or execution of this Determination would proceed under general administrative law or finance law pathways external to the instrument.
In short, the instrument records no litigation history; any adjudications concerning this Determination must be found in external court or tribunal records.
Gotchas
The Determination is short and formal, but several practical and interpretive "gotchas" arise from its structure and omissions that users should note and which are grounded in the text:
Hyphen entries denote nil payments in the table: Several jurisdictions are listed with a hyphen in the "Amount" column (New South Wales, Victoria, Queensland, South Australia, Tasmania). The table presents those hyphens alongside numeric entries for WA, ACT and NT. In the absence of an explicit legend, the hyphen must be read in context as indicating no payment under this Determination for those jurisdictions. The Determination does not explicitly state "nil" or "zero", so users should not assume those jurisdictions receive any GPFA from this Determination (see Table).
Precise cent amounts and aggregation: The monetary entries include cents and the Total equals the sum of the three non‑zero entries ($51,983,498.95 + $3,296,804.93 + $1,842,517.91 = $57,122,821.79). That precision suggests accounting reconciliation requirements, and any discrepancy at payment time would need micro‑reconciliation. The Determination itself does not supply rounding rules or explain how to treat bank charge differentials.
Commencement date versus payment date: The Determination "commences on the day on which it is made" (16 August 2017) but the payments are scheduled "for payment on 21 August 2017" (see Table heading). That five‑day interval means the instrument is operative before the cash movement date. If payment mechanisms or appropriation rules impose lead times or tabled instrument requirements, those procedural steps are not visible in the Determination. Practitioners must not assume the payment is immediate upon commencement; it is scheduled to occur five days later.
No operational payment instructions: The Determination does not state which Commonwealth agency or bank account will execute the transfer, nor does it provide routing or appropriation details. Consequently, reconstruction of the actual payment path requires consultation with Treasury/Finance records. The Determination alone is not sufficient for a financial officer to execute the transfer without access to supporting administrative instructions.
No use conditions or reporting: The instrument provides funds "for the purpose of making a grant of general purpose financial assistance to those States" but contains no further conditions, reporting or acquittal obligations. Recipients and compliance officers should not infer additional strings from the text. Any conditions will need to be identified from the Federal Financial Relations Act or separate agreements.
Repetition in the document: The supplied text contains duplicated sections (Name of determination, Commencement, Determination and the Table). While that does not change the legal content, it could cause confusion when extracting data or versioning records. Practitioners should treat the repeated blocks as editorial duplication rather than separate instruments unless the Federal Register indicates otherwise.
No revocation or supersession language: The Determination does not say whether it overrides earlier Determinations. If a practitioner expects an earlier instrument to be amended or superseded, they must verify by consulting the public register rather than relying on this text.
Limitation of standing: The Determination makes payments to States; it does not create direct entitlements for third parties. Private parties seeking to argue that the Commonwealth owes them payments under this Determination will find no basis in this text , rights are jurisdictional receipts only.
These gotchas are practical points that arise directly from what the Determination says and omits. They affect execution, reconciliation, and interpretive clarity and should guide operational and legal checks when the instrument is relied upon.
How to comply
Compliance responsibilities differ by actor. The Determination imposes a specific obligation for a payment instruction and creates an entitlement for named jurisdictions. Below are concrete compliance steps and checkpoints drawn from the instrument text and its operational implications.
For the Commonwealth payment authority (Treasury/Department of Finance or equivalent operational arm):
Confirm legal basis: Ensure a record that the Determination was made under subsection 9(1) of the Federal Financial Relations Act 2009 and that the instrument is signed and dated (see opening paragraph and signature block dated 16 August 2017). Retain the signed instrument in the administrative record.
Schedule the payment: The Table header specifies "for payment on 21 August 2017". The payment authority must schedule transfers to the designated State accounts to be executed on that date. Because the Determination commences on 16 August 2017, internal approvals should be secured in that 5‑day window.
Reconcile amounts and rounding: Use the precise amounts displayed in the Table: Western Australia $51,983,498.95; Australian Capital Territory $3,296,804.93; Northern Territory $1,842,517.91. Ensure the aggregate equals $57,122,821.79 and reconcile ledger entries accordingly. Maintain audit trails for cent‑level transfers and any bank fees applied.
Identify recipient accounts: The Determination omits bank account identifiers. Obtain the correct recipient account details for each jurisdiction using established Treasury payment protocols. Do not attempt to infer accounts from the Determination alone.
Verify appropriation and cash availability: Confirm that appropriation authority and cash management arrangements permit the payments on the scheduled date. The Determination does not mention appropriation lines; ensure the payments are charged to the correct appropriation and recorded in financial systems.
Documentation for audit: Create and preserve documentation showing the payment execution aligns with this Determination, including copying the Determination into the payment file, noting the date of execution and reconciliation statements.
For State/Territory finance officers:
Record receipt and purpose: When funds are received (expected on 21 August 2017), book the receipts under a GPFA ledger or account consistent with State accounting policies. The Determination states the funds are "for the purpose of making a grant of general purpose financial assistance to those States" (para 3). Ensure internal classification reflects that description.
Internal allocation and public reporting: The Determination does not impose spending conditions or reporting obligations. However, State accounting rules and public sector transparency requirements may require you to record how GPFA is used. Prepare necessary internal approvals for allocating received funds to relevant budgets or grant accounts.
Reconciliation and audit: Match amounts against the Determination and the Commonwealth remittance advice. Retain confirmation of amounts received, and reconcile any discrepancies in cents or timing.
For auditors and legal advisers:
Confirm instrument authenticity and publication: Verify the Determination as recorded in the Federal Register or other official legislative database, ensuring no subsequent amendment or revocation. The document supplied here contains duplicated blocks; confirm the canonical version in the register.
Check enabling authority and procedural compliance: The Determination is made under s 9(1) of the Federal Financial Relations Act 2009. If legal compliance of the making process is in question, examine the enabling Act and departmental records for evidence the maker had authority and complied with any procedural prerequisites.
Investigate ancillary instruments: If questions arise as to conditions on use of the funds, look for associated instruments, agreements, or intergovernmental arrangements. The Determination itself contains no further conditions.
For parliamentary and oversight stakeholders:
Record dates and amounts for oversight: Note the making date (16 August 2017), payment date (21 August 2017) and the amounts to each jurisdiction for inclusion in budget oversight and public accounts inquiries.
Operational checklist summary:
Confirm official instrument and date (16 Aug 2017).
Confirm payment schedule and amounts per table.
Secure appropriation and schedule transfers for 21 Aug 2017.
Obtain recipient account details and execute transfers.
Reconcile amounts to the precise cents and document the transaction trail.
For States, classify receipts as GPFA and follow internal accounting, reporting and grant distribution processes.
These steps implement the duties and rights created by the Determination as it stands. Because the Determination contains no added conditions, compliance focuses on accurate execution, reconciliation and record‑keeping.
3. The amounts specified in the following table are to be paid to the States for the purpose of making a grant of general purpose financial assistance to those States.
Table: General Purpose financial assistance for payment on 21 August 2017
This determination is the Federal Financial Relations (General Purpose Financial Assistance) Determination No.101 (August 2017).
Commencement Commencement
Commencement
2. This determination commences on the day on which it is made.
Determination Determination
Determination
3. The amounts specified in the following table are to be paid to the States for the purpose of making a grant of general purpose financial assistance to those States.
Table: General Purpose financial assista Table: General Purpose financial assistance for payment on 21 August 2017
Table: General Purpose financial assistance for payment on 21 August 2017