Document ID: chunk:federal_register_of_legislation:C2012A00077:clause:1_32b
Version: federal_register_of_legislation:C2012A00077
Segment Type: clause
Provision Reference: sch 1 cl 32B
Character Range: 3067–4796

32B  Supplementary powers to make commitments to spend public money etc.
 (1) If:
 (a) apart from this subsection, the Commonwealth does not have power to make, vary or administer:
 (i) an arrangement under which public money is, or may become, payable by the Commonwealth; or
 (ii) a grant of financial assistance to a State or Territory; or
 (iii) a grant of financial assistance to a person other than a State or Territory; and
 (b) the arrangement or grant, as the case may be:
 (i) is specified in the regulations; or
 (ii) is included in a class of arrangements or grants, as the case may be, specified in the regulations; or
 (iii) is for the purposes of a program specified in the regulations;
the Commonwealth has power to make, vary or administer the arrangement or grant, as the case may be, subject to compliance with this Act, the regulations, Finance Minister's Orders, Special Instructions and any other law.
 (2) A power conferred on the Commonwealth by subsection (1) may be exercised on behalf of the Commonwealth by a Minister or a Chief Executive.
Note 1: For delegation by a Minister, see section 32D.
Note 2: For delegation by a Chief Executive, see section 53.
 (3) In this section:
administer:
 (a) in relation to an arrangement—includes give effect to; or
 (b) 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:
 (a) vary in accordance with the terms or conditions of the arrangement or grant; or
 (b) vary with the consent of the non‑Commonwealth party or parties to the arrangement or grant.