Document ID: chunk:federal_register_of_legislation:F2017L00197:body:0:p1
Version: federal_register_of_legislation:F2017L00197
Segment Type: other
Provision Reference: 
Character Range: 0–3207

Federal Financial Relations (General Purpose Financial Assistance) Determination No. 94 (January 2017)
I, KELLY MEGAN O'DWYER, Acting Treasurer, make this Determination under section 9 of the Federal Financial Relations Act 2009.

KELLY MEGAN O'DWYER                                                                                                             Dated:  17 January 2017

Part 1 — preliminary

Name of Determination
 1.           This determination is the Federal Financial Relations (General purpose financial assistance) Determination No. 94 (January 2017).

Commencement
2.             This determination commences on the day on which this determination is made.

Definitions
3.             The following definitions are used throughout this determination:
    Act means the Federal Financial Relations Act 2009.
    COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
    Intergovernmental Agreement means the Intergovernmental Agreement on Federal Financial Relations that took effect on 1 February 2009. The Intergovernmental Agreement provides an overarching framework for financial transfers between the Commonwealth and the States and related collaboration on policy development and service delivery.
    State includes the Australian Capital Territory and the Northern Territory.

Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003
4.             Subsection 9(5) of the Act provides that this determination is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to this determination.

PArt 2 — Purpose

Provision of financial assistance
5.             This determination is made, in accordance with section 9 of the Act, for the purpose of providing financial support for the States' service delivery efforts through general purpose financial assistance to be used by the States for any purpose.

Terms and conditions
6.             Subsection 9(2) of the Act requires that an amount determined under subsection 9(1) must be credited to the COAG Reform Fund.
7.             The COAG Reform Fund Act 2008 established the COAG Reform Fund and specifies that it is a Special Account for the purposes of the Public Governance, Performance and Accountability Act 2013.
8.             Subsection 7(2) of the COAG Reform Fund Act 2008 requires that the terms and conditions on which financial assistance is granted through the COAG Reform Fund are to be set out in a written agreement between the Commonwealth and the State.
9.             The terms and conditions for all payments of general purpose financial assistance are provided in 'Schedule D — Payment Arrangements' to the Intergovernmental Agreement.  Schedule 1 to this determination provides a summary of the relevant provisions for general purpose financial assistance.

Part 3 — General Purpose Financial Assistance

Determination
10.         In accordance with subsection 9(1) of the Act, the amounts specified in Table 1 are to be credited to the COAG Reform Fund before being paid on 23 January 2017 to the States specified in that table for the purpose of making a grant of general