What it does
This statutory instrument, the Federal Financial Relations (General Purpose Financial Assistance) Determination No. 133 (March 2020) (the determination), prescribes specified cash amounts to be paid to certain States and Territories for the purpose described in the instrument. The determination is made by the Minister for Housing and Assistant Treasurer, Michael Sukkar, under subsection 9(1) of the Federal Financial Relations Act 2009, and it commences on the day it is made (the instrument is dated 17 March 2020). The instrument contains a table headed "General purpose financial assistance for payment on 23 March 2020" which lists line items for individual States and Territories and a total amount. The operative directive is in clause 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."
Mechanically, the instrument (a) identifies the statutory authority for the exercise (s 9(1) of the Federal Financial Relations Act 2009), (b) sets the commencement date as the day the determination is made, and (c) specifies payment amounts and a payment date (23 March 2020) in the accompanying table. The table in this determination shows payment amounts only for Western Australia ($73,952,217.97) and the Australian Capital Territory ($3,389,761.64), with hyphens recorded for all other jurisdictions (New South Wales, Victoria, Queensland, South Australia, Tasmania, Northern Territory), and a total of $77,341,979.61. The text of the determination repeats the name and commencement provisions and reproduces the table twice in the document.
The instrument does not in itself attach specific spending conditions, performance requirements, repayment obligations or administrative directions beyond the instruction that the specified amounts "are to be paid to the States for the purpose of making a grant of general purpose financial assistance to those States" (cl 3). It therefore constitutes an allocation of federal funds for general purpose financial assistance, with the listed jurisdictions as recipients and the Commonwealth, via the Ministerial determination, as the decision-maker directing payment. The determination is brief and narrowly framed: it creates an entitlement to receive the specified amounts on the stated payment date and sets the legal basis for the Commonwealth to effect those payments.