What it does
This instrument is the Federal Financial Relations (General Purpose Financial Assistance) Determination No. 125 (July 2019). It is a ministerial determination made under subsection 9(1) of the Federal Financial Relations Act 2009, the authority expressly cited by the instrument. The determination is dated 16 July 2019 and signed by Michael Sukkar, Minister for Housing and Assistant Treasurer (the instrument records “Dated: 16 July 2019”). The determination states that it commences on the day it is made (clause 2).
Mechanically, the determination performs three connected tasks. First, it identifies itself by name and serial number (clause 1). Second, it declares its commencement timing, that is immediate effect from the date it is made (clause 2). Third, and substantively, it specifies amounts that “are to be paid to the States for the purpose of making a grant of general purpose financial assistance to those States” (clause 3). The instrument therefore creates an express instruction about specified payments and the stated purpose of those payments.
The operative content is contained in the table headed “General purpose financial assistance for payment on 22 July 2019”. The table lists the States and Territories and sets monetary amounts against certain jurisdictions. The amounts recorded in the table are as follows: Western Australia, $879,975,447.52; Australian Capital Territory, $3,389,761.64; Northern Territory, $252,131,155.05. All other jurisdictions shown in the table,New South Wales, Victoria, Queensland, South Australia, Tasmania,are displayed with a dash in the amount column, indicating no payment is specified for the 22 July 2019 payment round in this determination. The table also records a total amount of $1,135,496,364.21.
The determination therefore creates an entitlement or instruction for the Commonwealth to pay the listed amounts on the stated payment date, and it does so without attaching conditions or further explanatory text in the instrument itself. The document repeats its name and some of the clauses, but the operative clauses remain clause 1 (name), clause 2 (commencement), and clause 3 (determination specifying amounts). The instrument does not within its text specify any formula, allocation methodology, conditions on State use of funds, reporting obligations, or penalties. It identifies the payment date in the table heading as 22 July 2019.
For practitioners, the immediate, concrete effect is that on and from its making the Minister has exercised the cited power to specify that the Commonwealth should pay the amounts in the table to the relevant States Territory entities for the stated purpose of general purpose financial assistance, with the payment to be effected for the date shown in the table.