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This is a Bill, not an Act. For current law, see the Acts databases.
FEDERAL FINANCIAL RELATIONS AMENDMENT (NATIONAL HEALTH AND HOSPITALS NETWORK) BILL 2010
2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Federal Financial Relations Amendment
(National Health and Hospitals Network)
Bill 2010
No. , 2010
(Treasury)
A Bill for an Act to amend the Federal Financial
Relations Act 2009, and for other purposes
i Federal Financial Relations Amendment (National Health and Hospitals Network) Bill 2010
No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Federal Financial Relations Act 2009
3
Federal Financial Relations Amendment (National Health and Hospitals Network) Bill 2010
No. , 2010 1
A Bill for an Act to amend the Federal Financial
1
Relations Act 2009, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Federal Financial Relations
5
Amendment (National Health and Hospitals Network) Act 2010.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Federal Financial Relations Amendment (National Health and Hospitals Network) Bill
2010 No. , 2010
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
1 July 2011.
1 July 2011
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Federal Financial Relations Amendment (National Health and Hospitals Network) Bill 2010
No. , 2010 3
Schedule 1--Amendments
1
2
Federal Financial Relations Act 2009
3
1 Paragraph 3(a)
4
Before "GST revenue grants", insert "untied".
5
2 After paragraph 3(b)
6
Insert:
7
(ba) National Health and Hospitals Network payments; and
8
3 Section 4
9
Insert:
10
costs, in relation to:
11
(a) capital expenditure for public hospitals; or
12
(b) capital expenditure for primary health care facilities;
13
includes:
14
(c)
depreciation;
and
15
(d) borrowing costs; and
16
(e) anything that is declared by the regulations to be costs for the
17
purposes of this paragraph.
18
4 Section 4
19
Insert:
20
dedicated GST revenue has the meaning given by section 6A.
21
5 Section 4 (definition of Intergovernmental Agreement)
22
Repeal the definition (including the note), substitute:
23
Intergovernmental Agreement means:
24
(a)
the
Intergovernmental Agreement on Federal Financial
25
Relations that took effect on 1 January 2009, as amended
26
from time to time; or
27
(b) if a later agreement is expressed to replace the agreement
28
mentioned in paragraph (a)--that later agreement, as
29
amended from time to time.
30
Schedule 1 Amendments
4 Federal Financial Relations Amendment (National Health and Hospitals Network) Bill
2010 No. , 2010
Note:
The agreement mentioned in paragraph (a) provides an overarching
1
framework for financial transfers between the Commonwealth and the
2
States and related collaboration on policy development and service
3
delivery.
4
6 Section 4
5
Insert:
6
joint intergovernmental funding authority, in relation to a State,
7
means a body corporate, where:
8
(a) the body corporate is established by a law of the State; and
9
(b) the body corporate is known:
10
(i) as the joint intergovernmental funding authority for the
11
State; or
12
(ii) if another name is specified in the regulations--by that
13
other name; and
14
(c) the law that establishes the body corporate includes such
15
provisions relating to the following matters:
16
(i)
governance;
17
(ii) financial management and accountability;
18
(iii)
audit;
19
(iv)
reporting
obligations;
20
as are specified in the regulations.
21
7 Section 4
22
Insert:
23
local hospital network means a body corporate that is:
24
(a) established by a law of a State; and
25
(b) known as a Local Hospital Network.
26
8 Section 4
27
Insert:
28
National Health and Hospitals Network Agreement means the
29
National Health and Hospitals Network Agreement, endorsed by
30
the Premiers of the States (other than Western Australia) in
31
Canberra on 20 April 2010, as amended from time to time.
32
Note:
The National Health and Hospitals Network Agreement is expressed
33
to be an agreement that sets out the architecture and foundations of the
34
National Health and Hospitals Network, which will deliver major
35
Amendments Schedule 1
Federal Financial Relations Amendment (National Health and Hospitals Network) Bill 2010
No. , 2010 5
structural reforms to establish the foundation of Australia's future
1
health system.
2
9 Section 4
3
Insert:
4
National Health and Hospitals Network Fund means the National
5
Health and Hospitals Network Fund established by section 15A.
6
10 Section 4
7
Insert:
8
National Health and Hospitals Network matter means:
9
(a) the provision of public hospital services to public patients; or
10
(b) training in public hospitals; or
11
(c) research in public hospitals; or
12
(d) general practitioner medical services; or
13
(e) primary health care services; or
14
(f) primary health care equivalent outpatient services; or
15
(g) a matter that:
16
(i) relates to health care; and
17
(ii) is specified in the regulations.
18
11 Section 4
19
Insert:
20
non-participating NHHN State, in relation to a financial year,
21
means a State that is not a participating NHHN State in relation to
22
the financial year.
23
12 Section 4
24
Insert:
25
participating NHHN State, in relation to a financial year, means a
26
State that is a party to the National Health and Hospitals Network
27
Agreement at the start of the financial year.
28
13 Section 4
29
Insert:
30
Premier:
31
Schedule 1 Amendments
6 Federal Financial Relations Amendment (National Health and Hospitals Network) Bill
2010 No. , 2010
(a) the Chief Minister of the Australian Capital Territory is taken
1
to be the Premier of that Territory for the purposes of this
2
Act; and
3
(b) the Chief Minister of the Northern Territory is taken to be the
4
Premier of that Territory for the purposes of this Act.
5
14 Section 4
6
Insert:
7
primary health care equivalent outpatient service means an
8
outpatient service that:
9
(a) is provided in a public hospital; and
10
(b) is of a kind specified in the regulations.
11
15 At the end of Part 1
12
Add:
13
4A Distribution of GST revenue
14
The Parliament acknowledges that the Commonwealth will not
15
seek to amend the following provisions:
16
(a) Division 1 of Part 2 (which deals with untied GST revenue
17
grants);
18
(b) Division 2 of Part 3A (which deals with dedicated GST
19
revenue payments).
20
16 Division 1 of Part 2 (heading)
21
Repeal the heading, substitute:
22
Division 1--Untied GST revenue grants
23
17 Section 5
24
Repeal the section, substitute:
25
5 Untied GST revenue grants
26
Scope
27
(1) This section applies to:
28
(a) the 2011-12 payment year; and
29
Amendments Schedule 1
Federal Financial Relations Amendment (National Health and Hospitals Network) Bill 2010
No. , 2010 7
(b) each later payment year.
1
Untied GST revenue grants--participating NHHN States
2
(2) Subject to this Act, each State that is a participating NHHN State
3
in relation to a payment year is entitled to the payment, by way of
4
financial assistance, for the payment year, of a grant worked out
5
using the formula:
6
Adjusted State population
GST revenue
Dedicated GST revenue
Adjusted total population
×
-
7
where:
8
adjusted State population means the estimated population of the
9
State on 31 December in the payment year (see section 7)
10
multiplied by the GST revenue sharing relativity (see section 8) for
11
the State for that year.
12
adjusted total population means the sum of the adjusted State
13
populations of all of the States for the payment year.
14
dedicated GST revenue means the dedicated GST revenue for the
15
State for the financial year that corresponds to the payment year
16
(see section 6A).
17
GST revenue means the GST revenue for the payment year (see
18
section 6).
19
Untied GST revenue grants--non-participating NHHN States
20
(3) Subject to this Act, each State that is a non-participating NHHN
21
State in relation to a payment year is entitled to the payment, by
22
way of financial assistance, for the payment year, of a grant
23
worked out using the formula:
24
Adjusted State population
GST revenue
Adjusted total population
×
25
where:
26
adjusted State population means the estimated population of the
27
State on 31 December in the payment year (see section 7)
28
multiplied by the GST revenue sharing relativity (see section 8) for
29
the State for that year.
30
Schedule 1 Amendments
8 Federal Financial Relations Amendment (National Health and Hospitals Network) Bill
2010 No. , 2010
adjusted total population means the sum of the adjusted State
1
populations of all of the States for the payment year.
2
GST revenue means the GST revenue for the payment year (see
3
section 6).
4
18 After section 6
5
Insert:
6
6A Dedicated GST revenue for a State
7
Scope
8
(1) This section applies to:
9
(a) the financial year starting on 1 July 2011; and
10
(b) each later financial year.
11
Dedicated GST revenue
12
(2) The Minister may determine that a specified amount is the
13
dedicated GST revenue for a specified State for a specified
14
financial year.
15
(3) The specified State must be a participating NHHN State for the
16
specified financial year.
17
(4) A determination under subsection (2) is a legislative instrument,
18
but section 42 (disallowance) of the Legislative Instruments Act
19
2003 does not apply to the determination.
20
19 Section 10
21
Repeal the section.
22
20 Before section 11
23
Insert:
24
10A Specific purpose payments for health care--non-participating
25
NHHN States
26
(1) Financial assistance is payable in accordance with this section to a
27
State for:
28
(a) the financial year starting on 1 July 2011; and
29
Amendments Schedule 1
Federal Financial Relations Amendment (National Health and Hospitals Network) Bill 2010
No. , 2010 9
(b) each later financial year;
1
for the purpose of expenditure on health care.
2
(2) Despite subsection (1), financial assistance is not payable under
3
that subsection to a State for a financial year unless the State is a
4
non-participating NHHN State in relation to the financial year.
5
(3) The total amount of all financial assistance payable under
6
subsection (1) to the States for a financial year must equal the
7
non-participating NHHN States component for the financial year.
8
Note: For
non-participating NHHN States component, see subsection
9
15F(3).
10
(4) The Minister may, by legislative instrument, determine, for each
11
financial year, the manner in which the total amount under
12
subsection (3) is to be divided between the non-participating
13
NHHN States.
14
(5) Financial assistance is payable to a State under this section on
15
condition that the financial assistance is spent on health care.
16
21 After Part 3
17
Insert:
18
Part 3A--National Health and Hospitals Network
19
payments etc.
20
Division 1--National Health and Hospitals Network Fund
21
15A Establishment of the National Health and Hospitals Network
22
Fund
23
(1) The National Health and Hospitals Network Fund is established by
24
this section.
25
(2) The National Health and Hospitals Network Fund is a Special
26
Account for the purposes of the Financial Management and
27
Accountability Act 1997.
28
Note: An
Act appropriating money for expenditure out of the Consolidated
29
Revenue Fund may contain a provision to the effect that, if any of the
30
purposes of a Special Account is a purpose that is covered by an item
31
in the Act (whether or not the item expressly refers to the Special
32
Schedule 1 Amendments
10 Federal Financial Relations Amendment (National Health and Hospitals Network) Bill
2010 No. , 2010
Account), then amounts may be debited against the appropriation for
1
that item and credited to that Special Account.
2
15B Credits of amounts to the National Health and Hospitals
3
Network Fund
4
(1) The Minister may, by writing, determine that:
5
(a) a specified amount is to be credited to the National Health
6
and Hospitals Network Fund on a specified day; or
7
(b) a specified amount is to be credited to the National Health
8
and Hospitals Network Fund in specified instalments on
9
specified days.
10
Note:
For variation and revocation, see subsection 33(3) of the Acts
11
Interpretation Act 1901.
12
(2) A determination under subsection (1) is a legislative instrument,
13
but section 42 (disallowance) of the Legislative Instruments Act
14
2003 does not apply to the determination.
15
15C Purpose of National Health and Hospitals Network Fund
16
The purpose of the National Health and Hospitals Network Fund is
17
the making of payments of grants under sections 15D, 15E and
18
15H.
19
Division 2--Dedicated GST revenue payments
20
15D Dedicated GST revenue payments
21
Grants
22
(1) The Minister may determine that a specified amount is payable to a
23
State, by way of a grant of financial assistance, for:
24
(a) the financial year starting on 1 July 2011; or
25
(b) a later financial year.
26
(2) The Minister may determine that a specified amount is payable to a
27
joint intergovernmental funding authority for a State, by way of a
28
grant, for:
29
(a) the financial year starting on 1 July 2011; or
30
(b) a later financial year.
31
Amendments Schedule 1
Federal Financial Relations Amendment (National Health and Hospitals Network) Bill 2010
No. , 2010 11
(3) The Minister must not determine that an amount is payable to:
1
(a) a State under subsection (1); or
2
(b) the joint intergovernmental funding authority for a State
3
under subsection (2);
4
for a financial year unless the State is a participating NHHN State
5
in relation to the financial year.
6
(4) The Minister must ensure that the total amount of grants payable
7
to:
8
(a) a State under subsection (1); and
9
(b) the joint intergovernmental funding authority for the State
10
under subsection (2);
11
for a financial year is equal to the dedicated GST revenue for the
12
State for the financial year.
13
Conditions
14
(5) A grant is payable under this section on such conditions as are
15
specified in a written determination made by the Minister.
16
(6) At least one of the conditions specified under subsection (5) must
17
require the grant to be spent on one or more specified National
18
Health and Hospitals Network matters.
19
Note:
See also section 15J (indirect spending of grants).
20
(7) If the Minister is satisfied that:
21
(a) particular costs are costs of capital expenditure for public
22
hospitals and/or primary health care facilities; and
23
(b) the capital expenditure has already been incurred;
24
the Minister may, in writing, determine that a specified grant
25
payable under subsection (1) or (2) is for the purposes of
26
reimbursing or covering those costs.
27
(8) Subsection (6) does not apply in relation to a grant specified in a
28
determination in force under subsection (7).
29
Legislative instruments
30
(9) A determination under subsection (1) or (2) is a legislative
31
instrument, but section 42 (disallowance) of the Legislative
32
Instruments Act 2003 does not apply to the determination.
33
Schedule 1 Amendments
12 Federal Financial Relations Amendment (National Health and Hospitals Network) Bill
2010 No. , 2010
(10) A determination under subsection (5) or (7) is not a legislative
1
instrument.
2
Division 3--Special payments etc.
3
15E Special payments
4
Grants
5
(1) The Minister may determine that a specified amount is payable to a
6
State, by way of a grant of financial assistance, for:
7
(a) the financial year starting on 1 July 2011; or
8
(b) a later financial year.
9
(2) The Minister may determine that a specified amount is payable to a
10
joint intergovernmental funding authority for a State, by way of a
11
grant, for:
12
(a) the financial year starting on 1 July 2011; or
13
(b) a later financial year.
14
(3) The Minister must not determine that an amount is payable to:
15
(a) a State under subsection (1); or
16
(b) the joint intergovernmental funding authority for a State
17
under subsection (2);
18
for a financial year unless the State is a participating NHHN State
19
in relation to the financial year.
20
(4) The Minister must ensure that the total amount of all grants
21
payable to:
22
(a) the States under subsection (1); and
23
(b) the joint intergovernmental funding authorities for the States
24
under subsection (2);
25
for a financial year is equal to the amount worked out using the
26
following formula:
27
Applicable
Total positive State
Total negative State
gross amount
adjustment amount
adjustment amount
+
-
28
where:
29
applicable gross amount means:
30
Amendments Schedule 1
Federal Financial Relations Amendment (National Health and Hospitals Network) Bill 2010
No. , 2010 13
(a) if there are one or more non-participating NHHN States for
1
the financial year--the participating NHHN States
2
component for the financial year; or
3
(b) otherwise--the total amount under subsection 15F(1) for the
4
financial year.
5
Note: For
participating NHHN States component, see subsection 15F(3).
6
total negative State adjustment amount means the total of any
7
negative State adjustment amounts determined under subsection
8
15G(2) for the financial year.
9
total positive State adjustment amount means the total of any
10
positive State adjustment amounts determined under subsection
11
15G(1) for the financial year.
12
Conditions
13
(5) A grant is payable under this section on such conditions as are
14
specified in a written determination made by the Minister.
15
(6) At least one of the conditions specified under subsection (5) must
16
require the grant to be spent on one or more specified National
17
Health and Hospitals Network matters.
18
Note:
See also section 15J (indirect spending of grants).
19
(7) If the Minister is satisfied that:
20
(a) particular costs are costs of capital expenditure for public
21
hospitals and/or primary health care facilities; and
22
(b) the capital expenditure has already been incurred;
23
the Minister may, in writing, determine that a specified grant
24
payable under subsection (1) or (2) is for the purposes of
25
reimbursing or covering those costs.
26
(8) Subsection (6) does not apply in relation to a grant specified in a
27
determination in force under subsection (7).
28
Legislative instruments
29
(9) A determination under subsection (1) or (2) is a legislative
30
instrument, but section 42 (disallowance) of the Legislative
31
Instruments Act 2003 does not apply to the determination.
32
Schedule 1 Amendments
14 Federal Financial Relations Amendment (National Health and Hospitals Network) Bill
2010 No. , 2010
(10) A determination under subsection (5) or (7) is not a legislative
1
instrument.
2
15F Total amount payable
3
(1) The Minister must ensure that the total amount of all grants
4
payable:
5
(a) to the States under subsection 15E(1); and
6
(b) to the joint intergovernmental funding authorities for the
7
States under subsection 15E(2); and
8
(c) to the States under section 10A;
9
for a financial year is equal to:
10
(d) for the financial year starting on 1 July 2011--the amount
11
that would have been payable under repealed section 10 for
12
the financial year, if that section had not been repealed; or
13
(e) for a later financial year--the total amount under this
14
subsection for the preceding financial year, indexed in
15
accordance with subsection (2).
16
Note:
Section 10A deals with specific purpose payments for health care to
17
non-participating NHHN States.
18
(2) The Minister may, by legislative instrument, determine the manner
19
in which the total amount under paragraph (1)(b) is to be indexed
20
for a particular financial year. The determination must include a
21
statement of the total amount for that financial year.
22
(3) If there are one or more non-participating NHHN States in relation
23
to:
24
(a) the financial year starting on 1 July 2011; or
25
(b) a later financial year;
26
the Minister must, by legislative instrument, determine:
27
(c) that a specified portion of the total amount under
28
subsection (1) for the financial year is the participating
29
NHHN States component for the financial year; and
30
(d) that the remainder of the total amount under subsection (1)
31
for the financial year is the non-participating NHHN States
32
component for the financial year.
33
Amendments Schedule 1
Federal Financial Relations Amendment (National Health and Hospitals Network) Bill 2010
No. , 2010 15
15G State adjustment amounts
1
(1) The Minister may determine that a specified amount is a positive
2
State adjustment amount for a specified State for a specified
3
financial year.
4
(2) The Minister may determine that a specified amount is a negative
5
State adjustment amount for a specified State for a specified
6
financial year.
7
(3) A determination under subsection (1) or (2) is a legislative
8
instrument, but section 42 (disallowance) of the Legislative
9
Instruments Act 2003 does not apply to the determination.
10
Division 4--Top-up payments
11
15H Top-up payments
12
Grants
13
(1) The Minister may determine that a specified amount is payable to a
14
State, by way of a grant of financial assistance, for:
15
(a) the financial year starting on 1 July 2014; or
16
(b) a later financial year.
17
(2) The Minister may determine that a specified amount is payable to a
18
joint intergovernmental funding authority for a State, by way of a
19
grant, for:
20
(a) the financial year starting on 1 July 2014; or
21
(b) a later financial year.
22
(3) The Minister must not determine that an amount is payable to:
23
(a) a State under subsection (1); or
24
(b) the joint intergovernmental funding authority for a State
25
under subsection (2);
26
for a financial year unless the State is a participating NHHN State
27
in relation to the financial year.
28
(4) The Minister must ensure that the total amount of all grants
29
payable to:
30
(a) the States under subsection (1); and
31
Schedule 1 Amendments
16 Federal Financial Relations Amendment (National Health and Hospitals Network) Bill
2010 No. , 2010
(b) the joint intergovernmental funding authorities for the States
1
under subsection (2);
2
for the financial years included in the period:
3
(c) beginning at the start of 1 July 2014; and
4
(d) ending at the end of 30 June 2020;
5
is at least:
6
(e) $15.6 billion; or
7
(f) if a lower amount is specified in a determination in force
8
under subsection (5)--that amount.
9
(5) The Minister may determine a specified amount for the purposes of
10
paragraph (4)(f).
11
(6) The Minister must not make an instrument under subsection (5)
12
unless there is at least one non-participating NHHN State in
13
relation to any of the financial years included in the period:
14
(a) beginning at the start of 1 July 2014; and
15
(b) ending at the end of 30 June 2020.
16
(7) If an Appropriation Act relating to a financial year declares, in
17
relation to the financial year, that a specified amount is the general
18
drawing rights limit for the purposes of this section, the total
19
amount covered by drawing rights authorising debits from the
20
National Health and Hospitals Network Fund for the purposes of
21
paying grants to:
22
(a) the States under subsection (1); and
23
(b) the joint intergovernmental funding authorities for the States
24
under subsection (2);
25
for the financial year must not exceed that general drawing rights
26
limit.
27
(8) Despite anything else in this section, if no Appropriation Act
28
relating to a financial year declares, in relation to the financial
29
year, that a specified amount is the general drawing rights limit for
30
the purposes of this section, drawing rights must not be issued
31
authorising debits from the National Health and Hospitals Network
32
Fund for the purposes of paying grants under subsection (1) or (2)
33
for the financial year.
34
Amendments Schedule 1
Federal Financial Relations Amendment (National Health and Hospitals Network) Bill 2010
No. , 2010 17
Conditions
1
(9) A grant is payable under this section on such conditions as are
2
specified in a written determination made by the Minister.
3
(10) At least one of the conditions specified under subsection (9) must
4
require the grant to be spent on one or more specified National
5
Health and Hospitals Network matters.
6
Note:
See also section 15J (indirect spending of grants).
7
(11) If the Minister is satisfied that:
8
(a) particular costs are costs of capital expenditure for public
9
hospitals and/or primary health care facilities; and
10
(b) the capital expenditure has already been incurred;
11
the Minister may, in writing, determine that a specified grant
12
payable under subsection (1) or (2) is for the purposes of
13
reimbursing or covering those costs.
14
(12) Subsection (10) does not apply in relation to a grant specified in a
15
determination in force under subsection (11).
16
Legislative instruments
17
(13) A determination under subsection (1), (2) or (5) is a legislative
18
instrument, but section 42 (disallowance) of the Legislative
19
Instruments Act 2003 does not apply to the determination.
20
(14) A determination under subsection (9) or (11) is not a legislative
21
instrument.
22
Division 5--Indirect spending of grants
23
15J Indirect spending of grants
24
(1) For the purposes of this Act, if:
25
(a) a grant is paid under this Part to a joint intergovernmental
26
funding authority for a State; and
27
(b) the grant is subject to a condition that requires the grant to be
28
spent on one or more National Health and Hospitals Network
29
matters specified in a determination made by the Minister;
30
and
31
Schedule 1 Amendments
18 Federal Financial Relations Amendment (National Health and Hospitals Network) Bill
2010 No. , 2010
(c) the joint intergovernmental funding authority forwards the
1
whole or a part of the grant to a local hospital network; and
2
(d) the local hospital network spends the amount forwarded to it
3
on those matters;
4
the whole or the part, as the case may be, of the grant is taken to
5
have been spent on those matters.
6
(2) For the purposes of this Act, if:
7
(a) a grant is paid under this Part to a joint intergovernmental
8
funding authority for a State; and
9
(b) the grant is subject to a condition that requires the grant to be
10
spent on one or more National Health and Hospitals Network
11
matters specified in a determination made by the Minister;
12
and
13
(c) the joint intergovernmental funding authority forwards the
14
whole or a part of the grant to a local hospital network; and
15
(d) the local hospital network forwards the amount forwarded to
16
it to a body corporate; and
17
(e) the body corporate spends the amount forwarded to it on
18
those matters;
19
the whole or the part, as the case may be, of the grant is taken to
20
have been spent on those matters.
21
(3) For the purposes of this Act, if:
22
(a) a grant is paid under this Part to a joint intergovernmental
23
funding authority for a State; and
24
(b) the grant is subject to a condition that requires the grant to be
25
spent on one or more National Health and Hospitals Network
26
matters specified in a determination made by the Minister;
27
and
28
(c) the joint intergovernmental funding authority forwards the
29
whole or a part of the grant to a local hospital network; and
30
(d) the local hospital network:
31
(i) divides the amount forwarded to it into portions; and
32
(ii) forwards those portions to different bodies corporate;
33
and
34
(e) each of those bodies corporate spends the portion forwarded
35
to it on those matters;
36
the whole or the part, as the case may be, of the grant is taken to
37
have been spent on those matters.
38
Amendments Schedule 1
Federal Financial Relations Amendment (National Health and Hospitals Network) Bill 2010
No. , 2010 19
15K Grants are not public money
1
Scope
2
(1) This section applies if a grant is paid under this Part to a joint
3
intergovernmental funding authority for a State.
4
Grant is not public money
5
(2) The grant is not public money for the purposes of the Financial
6
Management and Accountability Act 1997 when it is in the custody
7
or under the control of the joint intergovernmental funding
8
authority.
9
(3) If the joint intergovernmental funding authority forwards the whole
10
or a part of the grant to a local hospital network, the amount
11
forwarded is not public money for the purposes of the Financial
12
Management and Accountability Act 1997 when it is in the custody
13
or under the control of the local hospital network.
14
22 Section 17
15
Before "The Minister may", insert "(1)".
16
23 At the end of section 17
17
Add:
18
(2) The Minister may make advances to a State of portions of the
19
amount or amounts to which, it appears to the Minister, the State
20
will be entitled under a provision of Part 3A for a financial year.
21
(3) The Minister may make advances to a joint intergovernmental
22
funding authority for a State or portions of the amount or amounts
23
to which, it appears to the Minister, the joint intergovernmental
24
funding authority will be entitled under a provision of Part 3A for a
25
financial year.
26
24 At the end of section 18
27
Add:
28
(3) If a State has been paid an amount in excess of the amount that,
29
under a provision of Part 3A, it was entitled to receive by way of a
30
grant of financial assistance for a financial year, the Minister must
31
deduct an amount equal to the excess from any amount that the
32
Schedule 1 Amendments
20 Federal Financial Relations Amendment (National Health and Hospitals Network) Bill
2010 No. , 2010
State is entitled to receive by way of a grant of financial assistance
1
under that provision for the first practicable subsequent financial
2
year.
3
(4) If a State has been paid less than the amount that, under a provision
4
of Part 3A, it was entitled to receive by way of a grant of financial
5
assistance for a financial year, the Minister must add an amount
6
equal to the shortfall to any amount that the State is entitled to
7
receive by way of a grant of financial assistance under that
8
provision for the first practicable subsequent financial year.
9
Joint intergovernmental funding authorities
10
(5) If a joint intergovernmental funding authority has been paid an
11
amount in excess of the amount that, under a provision of Part 3A,
12
it was entitled to receive by way of a grant for a financial year, the
13
Minister must deduct an amount equal to the excess from any
14
amount that the joint intergovernmental funding authority is
15
entitled to receive by way of a grant under that provision for the
16
first practicable subsequent financial year.
17
(6) If a joint intergovernmental funding authority has been paid less
18
than the amount that, under a provision of Part 3A, it was entitled
19
to receive by way of a grant for a financial year, the Minister must
20
add an amount equal to the shortfall to any amount that the joint
21
intergovernmental funding authority is entitled to receive by way
22
of a grant under that provision for the first practicable subsequent
23
financial year.
24
Note:
The following heading to subsection 18(1) is inserted "States".
25
25 Subsection 19(1)
26
After "this Act", insert "(other than Part 3A)".
27
26 After subsection 19(1)
28
Insert:
29
(1A) The Minister may, in writing, determine that a grant payable to a
30
State under Part 3A:
31
(a) is to be paid at such time as the Minister determines; or
32
(b) is to be paid, by way of instalments, in such amounts, and at
33
such times, as the Minister determines.
34
Amendments Schedule 1
Federal Financial Relations Amendment (National Health and Hospitals Network) Bill 2010
No. , 2010 21
(1B) The Minister may, in writing, determine that a grant payable to a
1
joint intergovernmental funding authority under Part 3A:
2
(a) is to be paid at such time as the Minister determines; or
3
(b) is to be paid, by way of instalments, in such amounts, and at
4
such times, as the Minister determines.
5
27 Subsection 19(2)
6
After "subsection (1)", insert ", (1A) or (1B)".
7
28 At the end of section 20
8
Add:
9
Joint intergovernmental funding authorities
10
(6) It is a condition of a payment of a grant under Part 3A to a joint
11
intergovernmental funding authority that, if the joint
12
intergovernmental funding authority does not fulfil a condition in
13
respect of the payment, the joint intergovernmental funding
14
authority will, if the Minister so determines, repay to the
15
Commonwealth the amount stated in the determination.
16
(7) The amount stated in the determination under subsection (6) must
17
not be more than the amount of the payment.
18
(8) A determination made under subsection (6) is not a legislative
19
instrument.
20
(9)
If:
21
(a) a payment of a grant has, during a financial year, been made
22
to a joint intergovernmental funding authority under Part 3A;
23
and
24
(b) the Minister has determined under subsection (6) that the
25
joint intergovernmental funding authority must repay an
26
amount in respect of the payment; and
27
(c) the joint intergovernmental funding authority has not repaid
28
the amount;
29
the Minister may deduct an amount equal to the amount unpaid
30
from any amount that the joint intergovernmental funding authority
31
is entitled to receive by way of a grant under Part 3A for a
32
subsequent financial year.
33
Schedule 1 Amendments
22 Federal Financial Relations Amendment (National Health and Hospitals Network) Bill
2010 No. , 2010
(10) An amount payable by a joint intergovernmental funding authority
1
to the Commonwealth under this Act is a debt due by the joint
2
intergovernmental funding authority to the Commonwealth.
3
Note:
The following heading to subsection 20(1) is inserted "States".
4
29 Section 21
5
After "under this Act", insert "(other than section 6A or Part 3A)".
6
30 After section 21
7
Insert:
8
21A Minister to have regard to National Health and Hospitals
9
Network Agreement and other agreements
10
In making a determination under:
11
(a) section 6A; or
12
(b)
Part
3A;
13
the Minister must have regard to:
14
(c) the National Health and Hospitals Network Agreement; and
15
(d) the Intergovernmental Agreement; and
16
(e) if the determination relates to:
17
(i) a particular State; or
18
(ii) the joint intergovernmental funding authority for a
19
particular State;
20
any other written agreement between the Commonwealth and
21
the State that is relevant to the determination.
22
21B Procedures for making determinations that are inconsistent
23
with National Health and Hospitals Network Agreement
24
Scope
25
(1) This section applies to a determination under:
26
(a) section 6A; or
27
(b)
Part
3A;
28
if:
29
(c) the determination is inconsistent with the National Health
30
and Hospitals Network Agreement; and
31
Amendments Schedule 1
Federal Financial Relations Amendment (National Health and Hospitals Network) Bill 2010
No. , 2010 23
(d) the inconsistency would result in substantial financial
1
detriment to one or more States that are parties to the
2
National Health and Hospitals Network Agreement.
3
Procedures for making determination
4
(2) The Minister must not make the determination unless:
5
(a) the Minister has given a copy of the proposed determination
6
to the Premier of each State that is a party to the National
7
Health and Hospitals Network Agreement; and
8
(b) COAG has agreed to the making of the determination; and
9
(c)
either:
10
(i) a copy of the proposed determination was given under
11
paragraph (a) at least 3 months before COAG gave its
12
agreement under paragraph (b); or
13
(ii) COAG has agreed to waive the requirement set out in
14
subparagraph (i); and
15
(d) the Minister has caused a copy of the proposed determination
16
to be tabled in each House of the Parliament; and
17
(e) each House of the Parliament has passed a resolution
18
approving the making of the determination.
19
COAG
20
(3) COAG is to give its agreement for the purposes of paragraph (2)(b)
21
or subparagraph (2)(c)(ii) by resolution of COAG passed in
22
accordance with the procedures determined by COAG.
23
(4) For the purposes of this section, COAG means the Council of
24
Australian Governments, excluding the Premier of any State that is
25
not a party to the National Health and Hospitals Network
26
Agreement.
27
31 Subsection 23(1)
28
Omit "section 17 or 19", substitute "subsection 17(1) or 19(1)".
29
32 Subsection 23(2)
30
After "under a delegation", insert "under subsection (1)".
31
33 At the end of section 23
32
Add:
33
Schedule 1 Amendments
24 Federal Financial Relations Amendment (National Health and Hospitals Network) Bill
2010 No. , 2010
(3) The Minister may, by writing, delegate any or all of his or her
1
powers under:
2
(a) subsection 17(2); or
3
(b) subsection 17(3); or
4
(c) subsection 19(1A); or
5
(d)
subsection
19(1B);
6
to an SES employee, or acting SES employee, in the Department.
7
Note: The
expressions
SES employee and acting SES employee are defined
8
in section 17AA of the Acts Interpretation Act 1901.
9
(4) In exercising powers under a delegation under subsection (3), the
10
delegate must comply with any directions of the Minister.
11