Federation Reform Fund Act 2008

No. 156, 2008

Compilation No.   15

Compilation date: 6 July 2024

Includes amendments: Act No. 54, 2024

Registered: 13 July 2024

About this compilation

This compilation

This is a compilation of the Federation Reform Fund Act 2008 that shows the text of the law as amended and in force on 6 July 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary 1

1 Short title 1

2 Commencement 1

3 Simplified outline 1

4 Crown to be bound 1

Part 2—Federation Reform Fund 2

5 Establishment of the Federation Reform Fund 2

6 Purpose of the Federation Reform Fund 3

Part 3—Terms and conditions of grants 4

7 Terms and conditions of grants 4

8 Delegation by a Minister 5

Endnotes 7

Endnote 1—About the endnotes 7

Endnote 2—Abbreviation key 9

Endnote 3—Legislation history 10

Endnote 4—Amendment history 13

An Act to establish the Federation Reform Fund, and for other purposes

 1 Preliminary
1 Short title

This Act may be cited as the Federation Reform Fund Act 2008.
2 Commencement

This Act commences on 1 January 2009.
3 Simplified outline

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.
4 Crown to be bound

This Act binds the Crown in each of its capacities.
2 Federation Reform Fund
5 Establishment of the Federation Reform Fund 1

The Federation Reform Fund is established by this section.

 2

(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

6 Purpose of the Federation Reform Fund

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

3 Terms and conditions of grants
7 Terms and conditions of grants

Scope

 1

This section applies if:

 a

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

(ba) the grant is not covered by subsection 21(2) of the DisabilityCare Australia Fund Act 2013; and

 baa

(baa) the grant is not covered by subsection 21(1) of the Medical Research Future Fund Act 2015; and

 bab

(bab) the grant is not covered by Future Drought Fund Act 2019; andsection 36AB of the

bac

(bac) the grant is not covered by Disaster Ready Fund Act 2019; andsection 33 of the

bad

(bad) the grant is not covered by Housing Australia Future Fund Act 2023; andsection 30 of the

d

(d) the grant is not covered by Offshore Petroleum and Greenhouse Gas Storage Act 2006; andsection 75 of the

e

(e) the grant is not covered by Proceeds of Crime Act 2002.section 298F of the

Terms and conditions

 2

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.

 3

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.
8 Delegation by a Minister 1

A Minister may, by writing, delegate any or all of his or her powers under section 7 to:

 a

the Secretary of a Department; or

 b

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.

 2

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
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced

Endnote 3—Legislation history
Act Number and year Assent Commencement Application, saving and transitional provisions
COAG Reform Fund Act 2008 156, 2008 18 Dec 2008 1 Jan 2009 (s 2)
Federal Financial Relations (Consequential Amendments and Transitional Provisions) Act 2009 12, 2009 26 Mar 2009 Sch 2 (items 1–4): 1 Apr 2009 (s 2(1) item 3) —
Acts Interpretation Amendment Act 2011 46, 2011 27 June 2011 Sch 2 (item 370) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12) Sch 3 (items 10, 11)
Social and Community Services Pay Equity Special Account (Consequential Amendments) Act 2012 151, 2012 8 Nov 2012 Sch 1: 8 Nov 2012 (s 2(1) item 2) Remainder: 8 Nov 2012 (s 2(1) item 1) —
DisabilityCare Australia Fund (Consequential Amendments) Act 2013 86, 2013 28 June 2013 Sch 1 (items 1–3): 1 July 2014 (s 2(1) item 2) —
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 62, 2014 30 June 2014 Sch 8 (items 45–47) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) Sch 14
as amended by
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 36, 2015 13 Apr 2015 Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) Sch 7
as amended by
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) —
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) —
Fuel Indexation (Road Funding) Act 2015 102, 2015 30 June 2015 Sch 1 (item 1): 30 June 2015 (s 2(1) item 2) —
Medical Research Future Fund (Consequential Amendments) Act 2015 117, 2015 26 Aug 2015 Sch 1 (items 1–3): 27 Aug 2015 (s 2(1) item 2) Sch 2 (items 1–4): 29 Oct 2015 (s 2(1) item 3) —
Interstate Road Transport Legislation (Repeal) Act 2018 35, 2018 22 May 2018 Sch 2 (items 3–5, 9, 12): 1 July 2019 (s 2(1) item 3) Sch 2 (items 9, 12)
Future Drought Fund (Consequential Amendments) Act 2019 56, 2019 30 July 2019 Sch 1 (items 4–6) and Sch 2 (items 4–7, 41–43): 1 Sept 2019 (s 2(1) item 2) Sch 2 (items 41–43)
Emergency Response Fund (Consequential Amendments) Act 2019 91, 2019 28 Oct 2019 Sch 1 (items 4–6) and Sch 2 (items 5, 6, 43–45): 12 Dec 2019 (s 2(1) item 1) Sch 2 (items 43–45)
Crimes Legislation Amendment (Economic Disruption) Act 2021 3, 2021 16 Feb 2021 Sch 7 (items 1–3): 17 Feb 2021 (s 2(1) item 5) —
Emergency Response Fund Amendment (Disaster Ready Fund) Act 2022 65, 2022 29 Nov 2022 Sch 1 (items 159–163): 1 Mar 2023 (s 2(1) item 2) —
Treasury Laws Amendment (Housing Measures No. 1) Act 2023 81, 2023 28 Sept 2023 Sch 4 (items 4–6): 1 Nov 2023 (s 2(1) item 6) —
COAG Legislation Amendment Act 2024 54, 2024 5 July 2024 Sch 1 (items 1–9): 6 July 2024 (s 2(1) item 2) —

Endnote 4—Amendment history
Provision affected How affected
Title am No 54, 2024
Part 1
s 1 am No 54, 2024
s 3 am No 54, 2024
Part 2
Part 2 heading am No 54, 2024
s 5 am No 12, 2009; No 151, 2012; No 86, 2013; No 62, 2014; No 102, 2015; No 117, 2015; No 35, 2018; No 56, 2019; No 91, 2019; No 3, 2021; No 65, 2022; No 81, 2023; No 54, 2024
s 6 am No 62, 2014; No 54, 2024
Part 3
s 7 am No 12, 2009; No 86, 2013; No 117, 2015; No 35, 2018; No 56, 2019; No 91, 2019; No 3, 2021; No 65, 2022; No 81, 2023; No 54, 2024
s 8 am No 46, 2011