Commonwealth Numbered Acts

FEDERAL FINANCIAL RELATIONS (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) ACT 2009 (NO. 12, 2009) - SCHEDULE 4

1  Payments for the 2008‑09 GST year

Despite the amendments to the A New Tax System (Commonwealth‑State Financial Arrangements) Act 1999 made by this Act, that Act continues to apply, in relation to the 2008‑09 GST year (within the meaning of that Act), as if those amendments had not been made.

2  Overpayments and underpayments for the 2008‑09 GST year

(1)        If a State has been paid an amount in excess of the amount that, under a provision of the Financial Arrangements Act, it was entitled to receive by way of financial assistance for the 2008‑09 GST year, the Minister must deduct an amount equal to the excess from any amount that the State is entitled to receive by way of financial assistance under section 5 of the Federal Financial Relations Act 2009 for the financial year starting on 1 July 2009.

(2)        If a State has been paid less than the amount that, under a provision of the Financial Arrangements Act, it was entitled to receive by way of financial assistance for the 2008‑09 GST year, the Minister must add an amount equal to the shortfall to any amount that the State is entitled to receive by way of financial assistance under section 5 of the Federal Financial Relations Act 2009 for the financial year starting on 1 July 2009.

(3)        Payments made under subitem (2) are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

(4)        In this item:

Financial Arrangements Act means the A New Tax System (Commonwealth‑State Financial Arrangements) Act 1999 .

GST year has the same meaning as in the Financial Arrangements Act.

State includes the Australian Capital Territory and the Northern Territory.

3  Grants paid under section 4 of the Health Care (Appropriation) Act 1998

Despite the repeal of the Health Care (Appropriation) Act 1998 by this Act, subsections 4(5), 5(2) and 5(3) of that Act, and any delegations under section 7 of that Act of powers under subsection 5(2) or (3) of that Act, continue to apply, in relation to grants of financial assistance paid during the appropriation period (within the meaning of that Act) starting on 1 July 2003, as if that repeal had not happened.

[ Minister's second reading speech made in--

House of Representatives on 12 February 2009

Senate on 12 March 2009 ]