Document ID: chunk:federal_register_of_legislation:F2014L01544:body:0:p1
Version: federal_register_of_legislation:F2014L01544
Segment Type: other
Provision Reference: 
Character Range: 0–3275

Federal Financial Relations (National Partnership Payments) Determination No. 82 (JuLY 2014)
I, JOSEPH BENEDICT HOCKEY, Treasurer, make this Determination under section 16 of the Federal Financial Relations Act 2009.

JOSEPH BENEDICT HOCKEY                                                                                                       Dated: 3 July 2014

Part 1 — preliminary

Name of Determination
 1.           This determination is the Federal Financial Relations (National Partnership payments) Determination No. 82 (July 2014).

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.
    Drawing right means a drawing right issued under section 27 of the Financial Management and Accountability Act 1997.
    Intergovernmental Agreement means the Intergovernmental Agreement on Federal Financial Relations that took effect on 1 January 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 16(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 16 of the Act, for the purpose of providing grants of financial assistance to a State to:
(a)          support the delivery by the State of specified outputs or projects;
(b)          facilitate reforms by the State; or
(c)          reward the State for nationally significant reforms.

Terms and conditions
6.             Subsection 16(2) of the Act requires that an amount determined under subsection 16(1) must be credited to the COAG Reform Fund. The COAG Reform Fund Act 2008 established the COAG Reform Fund and specifies that it is a Special Account for the purposes of the Financial Management and Accountability Act 1997.
7.             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.
8.             'Schedule D — Payment Arrangements' to the Intergovernmental Agreement provides that the Commonwealth will make National Partnership payments to the States to support the delivery of specified outputs or projects, to facilitate reforms or to reward those jurisdictions that deliver on nationally significant reforms.
9.             National Partnerships will clearly set out the payment profile in respect of each State.
10.         Where the achievement of pre‑determined milestones or performance benchmarks is