Compilation #25 | Effective 2024-05-31
FRBR Work URI: /akn/au/act/1997/154
This Act may be cited as the Financial Framework (Supplementary Powers) Act 1997.
Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
If this Act does not commence under subsection (1) by 1 July in the next calendar year after the calendar year in which this Act receives the Royal Assent, it commences on that 1 July.
This Act confers on the Commonwealth, in certain circumstances, powers:
to make arrangements under which relevant money and other CRF money can be spent, or to make grants of financial assistance; and
to form, or otherwise be involved in, companies.
The arrangements, grants, programs and companies (or classes of arrangements or grants) in relation to which these powers are conferred are specified in the regulations.
This Act binds the Crown in right of the Commonwealth, but does not make the Crown liable to be prosecuted for an offence.
This Act extends to acts, omissions, matters and things outside Australia (unless the contrary intention appears).
In this Act:
accountable authority has the meaning given by the Public Governance, Performance and Accountability Act 2013.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
Minister includes the President of the Senate or the Speaker of the House of Representatives.
non-corporate Commonwealth entity has the meaning given by the Public Governance, Performance and Accountability Act 2013.
official has the meaning given by the Public Governance, Performance and Accountability Act 2013.
other CRF money has the meaning given by the Public Governance, Performance and Accountability Act 2013.
relevant money has the meaning given by the Public Governance, Performance and Accountability Act 2013.
This Act and the regulations are to be read together with the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013).
The Commonwealth may make, vary or administer:
an arrangement under which relevant money or other CRF money is, or may become, payable by the Commonwealth; or
a grant of financial assistance to a State or Territory; or
a grant of financial assistance to a person other than a State or Territory.
However, the Commonwealth may only make, vary or administer an arrangement or grant under subsection (1) if the arrangement or grant, as the case may be:
is specified in the regulations; or
is included in a class of arrangements or grants, as the case may be, specified in the regulations; or
is for the purposes of a program specified in the regulations.
Note: The Public Governance, Performance and Accountability Act 2013 deals with the use and management of public resources (including relevant money and other CRF money).
A power conferred on the Commonwealth by subsection (1) may be exercised on behalf of the Commonwealth by a Minister or an accountable authority of a non-corporate Commonwealth entity.
Note: For the power to delegate, see section 32D.
In this section:
administer:
in relation to an arrangement—includes give effect to; or
in relation to a grant—includes make, vary or administer an arrangement that relates to the grant.
arrangement includes contract, agreement or deed.
make, in relation to an arrangement, includes enter into.
vary, in relation to an arrangement or grant, means:
vary in accordance with the terms or conditions of the arrangement or grant, as the case may be; or
vary with the consent of the non-Commonwealth party or parties to the arrangement or grant, as the case may be.
Scope
This section applies to a grant of financial assistance under section 32B.
Terms and conditions
If the recipient of the grant is a State or Territory, the terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the recipient.
An agreement under subsection (2) may be entered into on behalf of the Commonwealth by a Minister or an accountable authority of a non-corporate Commonwealth entity.
Note: For the power to delegate, see section 32D.
If the recipient of the grant is a person other than a State or Territory, subsection (2) does not, by implication, prevent the grant from being made subject to terms and conditions.
Delegation by a Minister
(1) A Minister may, by writing, delegate any or all of his or her powers under Commonwealth entity.section 32B or 32C to an official of any non-corporate
Note: An accountable authority may delegate a power delegated under this section (see section 32DA).
In exercising powers under a delegation, the delegate must comply with any directions of the Minister concerned.
Delegation by an accountable authority
(3) An accountable authority of a non-corporate Commonwealth entity may, by writing, delegate any or all of his or her powers under Commonwealth entity.section 32B or 32C to an official of any non-corporate
In exercising powers under a delegation, the delegate must comply with any directions of the accountable authority concerned.
(1) An accountable authority of a non-corporate Commonwealth entity may, by writing, delegate to an official (the second delegate) of any non-corporate Commonwealth entity powers and functions that have been delegated to the accountable authority by a Minister under section 32D.
The power or function, when exercised or performed by the second delegate, is taken for the purposes of this Act to have been exercised or performed by the Minister.
If the accountable authority is subject to directions in relation to the exercise of a power, or the performance of a function, delegated to the accountable authority under section 32D, then:
the accountable authority must give corresponding directions to the second delegate; and
the accountable authority may give other directions (not inconsistent with those corresponding directions) to the second delegate in relation to the exercise of that power or the performance of that function.
The second delegate must comply with any directions of the accountable authority.
Section 23 of the Public Governance, Performance and Accountability Act 2013 (which deals with the power of accountable authorities in relation to arrangements and commitments) does not authorise the accountable authority of a non-corporate Commonwealth entity to exercise, on behalf of the Commonwealth, a power conferred on the Commonwealth by section 32B of this Act.
Formation of company etc.
The Commonwealth may form, or participate in the formation of, a company if, were it to come into existence, the company would be a company:
that is specified in the regulations; and
whose objects or proposed activities are specified in the regulations.
Acquisition of shares in company etc.
The Commonwealth may acquire shares in, or become a member of, a company in circumstances that would result in the company becoming a Commonwealth company if:
the company is specified in the regulations; and
the company’s objects or proposed activities are specified in the regulations.
Finance Minister’s power
A power conferred on the Commonwealth by subsection (1) or (2) may be exercised on behalf of the Commonwealth by the Finance Minister.
Note: For the power to delegate, see section 40.
Definitions
In this section:
acquire includes acquire by subscription.
Commonwealth company has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
The Finance Minister may, by written instrument, delegate to an accountable authority of a non-corporate Commonwealth entity the Finance Minister’s powers or functions under section 39B.
In exercising powers or functions under a delegation, the delegate must comply with any directions of the Finance Minister.
This Part does not, by implication, limit the executive power of the Commonwealth.
The Governor-General may make regulations prescribing matters:
required or permitted by this Act to be prescribed; or
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history