Compilation #15 | Effective 2024-07-06
FRBR Work URI: /akn/au/act/2008/156
This Act may be cited as the Federation Reform Fund Act 2008.
This Act commences on 1 January 2009.
The following is a simplified outline of this Act:
• This Act establishes the Federation Reform Fund.
• The purpose of the Federation Reform Fund is the making of grants of financial assistance to the States and Territories.
• The terms and conditions on which financial assistance is granted are to be set out in a written agreement between the Commonwealth and the State or Territory.
This Act binds the Crown in each of its capacities.
The Federation Reform Fund is established by this section.
(2) The Federation Reform Fund is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.
Note 1: An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account.
Note 2A: An amount originating in the DisabilityCare Australia Fund may be transferred to the Federation Reform Fund—see the DisabilityCare Australia Fund Act 2013.
Note 2AA: An amount originating in the Medical Research Future Fund may be transferred to the Federation Reform Fund—see the Medical Research Future Fund Act 2015.
Note 2AB: An amount originating in the Future Drought Fund may be transferred to the Federation Reform Fund—see the Future Drought Fund Act 2019.
Note 2AC: An amount originating in the Disaster Ready Fund may be transferred to the Federation Reform Fund—see the Disaster Ready Fund Act 2019.
Note 2AD: An amount originating in the Housing Australia Future Fund may be transferred to the Federation Reform Fund—see the Housing Australia Future Fund Act 2023.
Note 3: An amount may be credited to the Federation Reform Fund under Federal Financial Relations Act 2009.section 9 or 16 of the
Note 5: An amount may be credited to the Federation Reform Fund under Offshore Petroleum and Greenhouse Gas Storage Act 2006.section 75 of the
Note 5A: An amount originating in the Confiscated Assets Account may be transferred to the Federation Reform Fund—see the Proceeds of Crime Act 2002.
Note 6: An amount may be credited to the Federation Reform Fund under Social and Community Services Pay Equity Special Account Act 2012.section 8 of the
Note 7: An amount may be credited to the Federation Reform Fund under Fuel Indexation (Road Funding) Special Account Act 2015.section 10 of the
The purpose of the Federation Reform Fund is the making of grants of financial assistance to the States and Territories.
Note: See Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).section 80 of the
Scope
This section applies if:
an amount is to be debited from the Federation Reform Fund for the purpose of making a grant of financial assistance to a State or Territory; and
(ba) the grant is not covered by subsection 21(2) of the DisabilityCare Australia Fund Act 2013; and
(baa) the grant is not covered by subsection 21(1) of the Medical Research Future Fund Act 2015; and
(bab) the grant is not covered by Future Drought Fund Act 2019; andsection 36AB of the
(bac) the grant is not covered by Disaster Ready Fund Act 2019; andsection 33 of the
(bad) the grant is not covered by Housing Australia Future Fund Act 2023; andsection 30 of the
(d) the grant is not covered by Offshore Petroleum and Greenhouse Gas Storage Act 2006; andsection 75 of the
(e) the grant is not covered by Proceeds of Crime Act 2002.section 298F of the
Terms and conditions
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 State or Territory.
An agreement under subsection (2) may be entered into by a Minister on behalf of the Commonwealth.
Note 1A: The provision referred to in paragraph (1)(ba) deals with the channelling, through the Federation Reform Fund, of State/Territory grants payments from the DisabilityCare Australia Fund established by the DisabilityCare Australia Fund Act 2013. For terms and conditions of those grants, see the DisabilityCare Australia Fund Act 2013.
Note 1AA: The provision referred to in paragraph (1)(baa) deals with the channelling, through the Federation Reform Fund, of State/Territory grants payments from the Medical Research Future Fund established by the Medical Research Future Fund Act 2015. For terms and conditions of those grants, see the Medical Research Future Fund Act 2015.
Note 1AB: The provision referred to in paragraph (1)(bab) deals with the channelling, through the Federation Reform Fund, of State/Territory grants payments from the Future Drought Fund established by the Future Drought Fund Act 2019. For terms and conditions of those grants, see the Future Drought Fund Act 2019.
Note 1AC: The provision referred to in paragraph (1)(bac) deals with the channelling, through the Federation Reform Fund, of State/Territory grants payments from the Disaster Ready Fund referred to in the Disaster Ready Fund Act 2019. For terms and conditions of those grants, see the Disaster Ready Fund Act 2019.
Note 1AD: The provision referred to in paragraph (1)(bad) deals with the channelling, through the Federation Reform Fund, of State/Territory grants payments from the Housing Australia Future Fund established by the Housing Australia Future Fund Act 2023. For terms and conditions of those grants, see the Housing Australia Future Fund Act 2023.
Note 3: The provision referred to in paragraph (1)(d) deals with the channelling, through the Federation Reform Fund, of certain payments to Western Australia under the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
Note 4: The provision referred to in paragraph (1)(e) deals with the channelling, through the Federation Reform Fund, of State/Territory grants payments from the Confiscated Assets Account established by the Proceeds of Crime Act 2002. For terms and conditions of those grants, see the Proceeds of Crime Act 2002.
A Minister may, by writing, delegate any or all of his or her powers under section 7 to:
the Secretary of a Department; or
an SES employee, or acting SES employee, in a Department.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
In exercising powers under a delegation, the delegate must comply with any directions of the Minister concerned.
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