Federal Financial Relations (National Partnership Payments—2021-22 Payment No. 3) Determination 2021

This instrument, titled the Federal Financial Relations (National Partnership Payments,2021-22 Payment No. 3) Determination 2021, sets out a single, specific fiscal determination: fixed dollar amounts to be paid to each Australian State and Territory as national partnership payments for 2021-22. The operative legal act is the short schedule at section 5, which lists nine items , one per State or Territory and a total , and specifies the precise dollar amounts to be paid to each jurisdiction (s 5). The instrument declares that the amounts are specified “for the purpose of making a grant of financial assistance to that State as specified in subsection 16(1) of the Act” (s 5; Part 2 note).

Mechanically, the instrument contains procedural material on commencement. The whole instrument commences on the day it is registered, per the commencement table in section 2 (s 2(1)). The instrument is expressly made under the Federal Financial Relations Act 2009 (the Act) (s 3). The definitions section confirms that expressions used in the instrument have the same meaning as in the Act by operation of the Legislation Act 2003 , paragraph 13(1)(b) , and brings the shorthand “the Act” into the instrument (s 4).

The instrument does not itself set out policy objectives, performance measures or expenditure conditions. The only temporal statement about timing is the note in Part 2 that “A payment of the amounts determined in this Part is proposed to be made in September 2021,” a statement of proposal rather than an operative scheduling clause (Part 2 note). The monetary schedule in s 5 lists amounts for New South Wales ($95,960,290.50), Victoria ($69,141,333.50), Queensland ($98,039,312.00), Western Australia ($70,214,162.00), South Australia ($28,559,691.00), Tasmania ($12,551,726.00), the Australian Capital Territory ($3,474,832.00), the Northern Territory ($21,677,897.68), and a total of $399,619,244.68.

In short, the instrument is a discrete, subordinate legislative instrument that determines precise Commonwealth-to-State/Territory national partnership payment amounts under the statutory framework of the Federal Financial Relations Act 2009. It does not itself elaborate conditions, reporting obligations, enforcement mechanisms or account-level directions; those elements, if any, would derive from the Act or from other instruments or agreements referenced by the Act (see s 3; Part 2 note).

The instrument relies on a small set of legal and fiscal concepts, tied to its source statute. First, it is a statutory determination of “national partnership payments.” The title and s 5 frame the amounts specifically as national partnership payments, and s 5 states the amounts are to be paid to States “for the purpose of making a grant of financial assistance to that State as specified in subsection 16(1) of the Act.” The instrument therefore uses the Act’s grant-making mechanism as its legal foundation (s 5; s 3). The instrument does not define “national partnership payments” itself; the definitions note points users to the Act for the meaning of expressions (s 4).

Second, the instrument is a subordinate legislative instrument that commences on registration. Section 2 contains a commencement table stating that “The whole of this instrument” commences “The day this instrument is registered” (s 2(1)). A separate note in s 2(2) clarifies that information in column 3 of the table is not part of the instrument, and that the commencement table relates only to the instrument “as originally made,” indicating the table may reflect presentation conventions rather than continuing operative text (s 2(2)).

Third, the instrument specifies monetary figures with a degree of precision suitable for accounting and appropriation processes: amounts include cents and differ across States and Territories, and are summed to a precise total ($399,619,244.68) (s 5). That precision matters for public accounting and appropriation reconciliation.

Fourth, the instrument separates legal operatives from non‑operative explanatory material. The Part 2 notes explicitly identify that the determination is made under subsection 16(1) of the Act and that payment is proposed to occur in September 2021 (Part 2 notes). The notes are signposted as explanatory; the operative schedule in s 5 contains the binding determination of amounts.

Fifth, the instrument relies on the Legislation Act 2003 to import the Act’s definitions. Section 4 contains the text: “Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Federal Financial Relations Act 2009 as in force from time to time” and establishes the shorthand “the Act” (s 4). Practically, that means that terms used here should be read in light of the statutory definitions and structures established in the Federal Financial Relations Act 2009.

Finally, the instrument contains no internal enforcement or compliance provisions. It confines itself to specifying recipients and dollar amounts and leaves the rest,timing, conditions, monitoring, dispute resolution,to the Act and any other instruments or agreements that implement the grant arrangements (s 5; Part 2 notes). That division of function between a monetary determination and the statutory framework is the core conceptual structure of the instrument.

Direct payees: The immediate and legally defined recipients are the State and Territory governments listed in s 5: New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory (s 5). Each item in s 5 “specifies an amount to be paid to the State mentioned in that item,” making those jurisdictions the direct financial beneficiaries under this instrument (s 5).

Fiscal decision‑makers in the Commonwealth: The instrument is made under the Federal Financial Relations Act 2009 (s 3), so officials responsible for federal appropriations, payment scheduling and intergovernmental financial administration are affected in that they are obliged to implement payments in accordance with the determination. The instrument’s commencement clause also affects administrative timing because the operative effect begins on registration (s 2).

State finance and treasury agencies: The financial officers and accountants of recipient States and Territories will be affected operationally. They must receive, record and account for payments of the specified amounts, align them with any conditions or purposes required under the Act (see s 5 reference to subsection 16(1) of the Act), and reflect the receipts in State budget accounts.

Auditors, parliamentary committees, and external reviewers: The instrument’s precision in monetary amounts and its public availability will create audit and oversight tasks. Inspectors and auditors will need to reconcile the payments made against the figures in s 5 and the total declared.

Indirectly affected parties and markets: The instrument’s immediate effect is fiscal redistribution between Commonwealth and State/Territory levels. The instrument does not name third-party beneficiaries, project-level recipients or private contractors. However, fiscal transfers of this size ($399.6 million total declared in s 5) have second-order effects through State budget allocations, which can affect service providers, contractors and recipients of State programs. The instrument itself does not specify how those downstream allocations occur; that allocation process will be determined by each State’s own budgetary decisions and any requirements under the Act.

Legal advisers and compliance officers: Because the instrument imports meanings from the Federal Financial Relations Act 2009 by reference (s 4) and expressly relies on subsection 16(1) for the grant purpose (s 5; Part 2 note), lawyers and compliance professionals advising either Commonwealth or State entities will need to consult the Act in order to advise on conditions, reporting and legal effect.

The instrument is narrowly drafted and does not itself create a broad regime of duties or rights. Its primary operative duty is an implicit Commonwealth obligation to pay the specified amounts to the listed States and Territories as set out in s 5. The text of s 5 states that “Each item of the following table specifies an amount to be paid to the State mentioned in that item for the purpose of making a grant of financial assistance to that State as specified in subsection 16(1) of the Act.” This links the payment determination to the grant-power under subsection 16(1) of the Federal Financial Relations Act 2009, and indicates that the immediate formal right is a claim to a grant under that statutory framework rather than a stand-alone contractual right created by the instrument (s 5; Part 2 note).

There are no specific duties set out in the instrument for recipients. The instrument does not include express conditions precedent, reporting obligations, performance measures or use restrictions in its text. Therefore any duties on the States to apply funds in particular ways or to report on their use are not specified here; they would arise only if they are required under subsection 16(1) of the Act or other instruments or agreements implementing the grant (s 5; Part 2 note). The omission of conditions in this instrument is itself a drafting choice: the instrument confines itself to monetary determination and defers to the Act for the mechanics of a “grant of financial assistance.”

There are no statutory rights in the instrument that create private entitlements against the Commonwealth beyond the State-level grant claim. The instrument does not provide for private third-party beneficiaries, nor does it set up a mechanism for private enforcement or judicial review of payment amounts. Any legal rights to challenge the determination, the timing of payment or the Act‑based conditions would have to be grounded in the Federal Financial Relations Act 2009 or general principles of administrative law; the instrument itself is silent on remedies or review avenues.

The instrument’s commencement clause imposes a procedural duty for the instrument to be regarded as in force from the day it is registered (s 2(1)). The instrument also contains a drafting direction that information in column 3 of the commencement table is not part of the instrument (s 2(2)), which imposes an interpretive limitation: statements placed by publishers in that column are not legally operative duties or rights.

Finally, the definitions clause is a rights-and-duties calibrator: by importing the Act’s definitions via the Legislation Act 2003 mechanism, the instrument ties the content of any duties or rights to how terms are defined in the Federal Financial Relations Act 2009 as in force from time to time (s 4). Practically, a State’s entitlement or obligations will depend on the statutory definition of “grant of financial assistance” and the content of subsection 16(1) in the Act, not on this instrument.

The instrument contains no enforcement provisions, compliance sanctions or specific penalty regimes. It is a monetary determination that sets out amounts to be paid; it does not include clauses that impose penalties for non‑use, misapplication, late reporting or breach. There is no text in the instrument that creates an enforcement mechanism or designates an enforcing official or agency.

Because the instrument is made under the Federal Financial Relations Act 2009 (s 3) and because s 5 expressly refers to subsection 16(1) of that Act as specifying the purpose of the grant, any enforcement, compliance monitoring or sanctions applicable to the grants would arise from the Act and any specific agreements or instruments made pursuant to it. The instrument itself does not state what those Act-based enforcement mechanisms are. The instrument’s silence on enforcement means analysis of penalties must proceed by reference to the Act rather than to the instrument; the instrument does not supply operative enforcement text.

There is an interpretive constraint on ancillary material: s 2(2) states that information in column 3 of the commencement table is not part of the instrument. This affects enforcement only indirectly by clarifying that explanatory metadata published alongside the instrument does not create legally enforceable terms or obligations.

Administratively, enforcement of the payment obligation will involve Commonwealth appropriation and payment processes. The instrument gives a clear obligation to pay certain amounts to particular States (s 5). If the Commonwealth fails to make the payments, the instrument does not provide internal penalties; redress would require recourse to the statutory scheme under the Act or ordinary legal remedies pertinent to failure by a government to execute appropriations or statutory obligations. The instrument does not itself establish those remedies.

In short, enforcement mechanics and penalties are not in this instrument. Parties seeking to understand sanctions, recovery of misapplied funds, or compliance monitoring must consult the Federal Financial Relations Act 2009 and any subordinate agreements referenced therein, because the instrument confines itself to determining amounts and identifying payees (s 3; s 5; Part 2 note).

The instrument is explicitly made under the Federal Financial Relations Act 2009 (s 3), and it cross-references subsection 16(1) of that Act as the statutory basis for specifying the purpose of the grants (Part 2 note; s 5). That is the principal statutory interaction: this instrument operates as a subordinate instrument that gives effect to the Act’s grant-making powers by determining the amounts for a set of national partnership payments.

The definitions clause invokes the Legislation Act 2003, paragraph 13(1)(b), to import meanings from the Federal Financial Relations Act 2009. Section 4 states that “Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Federal Financial Relations Act 2009 as in force from time to time.” This creates an automatic interpretive link: words and technical terms used here should be read in light of their statutory definitions in the Act. Consequently, any change to definitions in the Act (that applies ‘as in force from time to time’) will affect how the instrument’s terminology is read.

The instrument does not include provisions that modify, override or supplement other laws in themselves. It does not purport to amend the Act, create exemptions from other Commonwealth or State laws, nor does it create rights or obligations under non-federal regimes. Its operational effect depends on the interaction with appropriation laws and accounting practices: determinations of payments require that Commonwealth appropriation and payment processes be available and that payments be authorised under the relevant financial statutes. Those appropriation mechanics are not described in the instrument; they interact in practice with appropriation acts and Treasury procedures external to this text.

The commencement provision is framed so the instrument takes effect on registration (s 2(1)). Column 3 of the commencement table and information therein are expressly stated not to be part of the instrument (s 2(2)). That drafting choice interacts with administrative law and publishing practices: public-facing explanations or metadata appended by the publisher do not alter the legal content of the instrument.

Finally, the instrument is silent on interaction with State law. It determines Commonwealth payments to States. How States treat those amounts under State law, including budget appropriations, statutory reporting, or program rules, falls to each State’s legal and financial frameworks. The instrument does not purport to impose any State-law changes or conditions; it simply determines Commonwealth payments to States under the Federal Financial Relations Act 2009 (s 5).

The instrument contains an internal note about the form of the commencement table and how it is to be treated in published versions. Section 2 includes a table that sets commencement for “The whole of this instrument” as “The day this instrument is registered” (s 2(1)). The instrument also contains an express caution that “This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument” (s 2(1) penultimate paragraph). That language indicates the published commencement table is a historical record of the original instrument’s commencement details and is not updated to reflect subsequent amendments, if any.

Section 2(2) further clarifies that “Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.” This makes clear that editorial or publishing notes placed in that column are non‑operative and may be altered in future published versions without changing the legal text.

Beyond those structural and publishing-related provisions, the instrument as supplied contains no entries showing amendment dates, revised amounts, or a schedule of amendments. The monetary schedule in s 5 is presented without any amendment annotations. The instrument does not itself include a history section listing prior versions or prior instruments amended.

Therefore, based solely on the text of the instrument, the amendment history consists only of the drafting directions that the table is not to be amended to reflect later changes and that column 3 is non‑operative editorial material (s 2(1)-(2)). The instrument as provided does not document any subsequent amendments, repeals or modifications. Any actual amendment history (including possible later determinations or revocations) is not recorded in the text supplied and would need to be obtained from the Federal Register of Legislation or the Commonwealth's instrument register.

Practically, users should treat the published instrument as a snapshot of the determination as originally made, and check the official register for any later instruments that might amend or supersede it. The instrument’s internal notes require that reliance on column 3 material be avoided for legal interpretation because it is expressly not part of the instrument (s 2(2)).

The instrument contains no express references to litigation, nor does it describe any prior or concurrent judicial or administrative proceedings about its validity, effect or operation. The text does not cite case law, does not mention disputes, and does not contain any references to judicial orders or undertakings.

Because the instrument is limited in scope to specifying payment amounts and makes no procedural or substantive administrative law directions beyond commencement and the reference to the Act, any litigation that might engage this instrument would likely arise from its non‑performance, alleged misapplication of the amounts, or disputes about the legal basis for payment under the Federal Financial Relations Act 2009. Those possibilities are not articulated in this instrument.

Subject to the limitation that the supplied text is the only source being relied on here, no litigation history is recorded within the text. That means there is nothing in the instrument itself to identify ongoing court proceedings, prior challenges to similar determinations, or any judicial interpretation of its terms. For questions about litigation or potential legal challenges, practitioners will need to search court records and administrative law decisions external to this document and review the Federal Financial Relations Act 2009 and any relevant intergovernmental agreements to see whether litigation has arisen in respect of similar determinations.

Because the instrument refers to subsection 16(1) of the Act, any contested legal issue about conditions, rights or obligations tied to the grant purpose will point practitioners back to litigation involving the Act rather than to this determination specifically. The instrument itself does not provide a litigation narrative or citations.

1. Narrow scope of the instrument. The instrument determines dollar amounts only. It does not set conditions, performance measures or reporting obligations. Section 5 lists only payees and dollar figures, and Part 2 notes that the determination is made under subsection 16(1) of the Act. Practitioners should not assume that use restrictions, eligibility criteria or monitoring arrangements are contained in this instrument; those elements would have to be located in the Act or in other instruments or agreements referenced by the Act (Part 2 note; s 5).

2. “Proposed” payment timing is not an absolute. The Part 2 note states that “A payment of the amounts determined in this Part is proposed to be made in September 2021.” The instrument’s operative commencement rule is that it commences on registration (s 2(1)). The proposal to pay in September 2021 is a scheduling note and not necessarily an enforceable obligation in the instrument’s text. Do not equate “proposed” with a legally binding timetable (Part 2 note).

3. Column 3 is non‑operative editorial material. Section 2(2) explicitly says “Any information in column 3 of the table is not part of this instrument.” Practitioners relying on published versions must not treat metadata or publisher annotations in that column as legally operative statements (s 2(2)).

4. Definitions are imported; they can change by amendment to the Act. Section 4 invokes paragraph 13(1)(b) of the Legislation Act 2003 to ensure “expressions have the same meaning in this instrument as in the Federal Financial Relations Act 2009 as in force from time to time.” That means changes to the Act’s definitions could affect the interpretation of this instrument without amending the instrument itself (s 4). Users should confirm how relevant terms are defined in the Act at the time of interpretation.

5. Precision in amounts requires matching in accounting. The amounts in s 5 are given to the cent and include a total that must reconcile exactly ($399,619,244.68). Accounting and appropriation processes will require exact matching to these figures; minor rounding or presentation differences in State or Commonwealth accounts could produce reconciliation queries (s 5). The instrument provides no rounding tolerance or adjustment mechanism.

6. No explicit enforcement or recovery clause. The instrument does not state what happens if funds are misapplied or if payments are not made. Any enforcement or recovery rights must be found in the Act or in separate agreements; do not assume remedies are contained here (s 5).

For Commonwealth officials responsible for implementing this determination

• Confirm registration. The instrument commences on the day it is registered (s 2(1)). Before initiating payments, ensure the instrument has been registered and recorded in the Commonwealth’s instruments register.
• Appropriation and payment authority. The instrument determines amounts to be paid, but does not appropriate funds. Ensure that relevant appropriation authority, Treasury instructions and internal payment controls permit the disbursements to the States and Territories in the specified amounts (s 5).
• Timing and scheduling. The instrument states payments are “proposed” to be made in September 2021 (Part 2 note). Treat that as a scheduling statement and confirm operational feasibility against appropriation and cash management calendars.
• Recordkeeping and reconciliation. Use the exact figures in s 5 for accounting entries and reconcile them to the total $399,619,244.68. Given the cent-level precision, reconcile any rounding differences and document the reconciliation trail for audit.
• Communicate to recipients. Notify each named State/Territory (listed in s 5) of the determined amounts, the legal basis (instrument made under the Federal Financial Relations Act 2009 , s 3) and any separate conditions that will govern use, which must be traced to the Act or to separate agreements.

For State and Territory treasuries and accounting officers

• Verify registration and entitlement. Confirm that the instrument is registered and that the State is the designated payee under s 5 so funds may be legally requested or accepted.
• Match amounts. Ensure your accounting and budget entries precisely match the figures in s 5, including cents. Prepare banking and receipt instructions to accept the amounts.
• Check substantive conditions in the Act. This instrument does not specify conditions; s 5 ties the payment to subsection 16(1) of the Act. Consult subsection 16(1) of the Federal Financial Relations Act 2009 and any related Commonwealth-State agreements to identify use restrictions, reporting requirements or performance obligations.
• Budget treatment. Decide whether these receipts are treated as general revenue or tied to particular programs under State budget rules, guided by any Act-based directions or separate partnership agreements.
• Prepare audit trails. Anticipate audit questions by establishing a clear record linking the receipt of the funds under this instrument to any downstream allocations, projects, contracts or service payments.