FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (HOME AFFAIRS MEASURES NO. 1) REGULATIONS 2018 (F2018L00843) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (HOME AFFAIRS MEASURES NO. 1) REGULATIONS 2018 (F2018L00843)

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Finance

 

Financial Framework (Supplementary Powers) Act 1997

 

Financial Framework (Supplementary Powers) Amendment

(Home Affairs Measures No. 1) Regulations 2018

 

The Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) confers on the Commonwealth, in certain circumstances, powers to make arrangements under which money can be spent; or to make grants of financial assistance; and to form, or otherwise be involved in, companies.  The arrangements, grants, programs and companies (or classes of arrangements or grants in relation to which the powers are conferred) are specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the Principal Regulations).  The FF(SP) Act applies to Ministers and the accountable authorities of non-corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013

 

Section 65 of the FF(SP) Act provides that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

 

Section 32B of the FF(SP) Act authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Principal Regulations.  Section 32B also authorises the Commonwealth to make, vary and administer arrangements for the purposes of programs specified in the Principal Regulations.  Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs. 

 

The purpose of the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 1) Regulations 2018 (the Regulations) is to amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on the Fostering Integration Grants Scheme which will be administered by the Department of Home Affairs.

 

The Government will provide $5 million in 2018-19 to community organisations assisting newly arrived migrants to integrate into Australian society while understanding and practicing Australian values.  This will include grants to support practical neighbourhood activities that foster integration and inclusion.

 

Funding for the Fostering Integration Grants Scheme was included in the 2018-19 Budget.

 

Details of the Regulations are set out at Attachment A.  A Statement of Compatibility with Human Rights is at Attachment B

 

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.  The Regulations commence on the day after they are registered on the Federal Register of Legislation. 


 

Consultation

 

In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Department of Home Affairs.

 

A regulation impact statement is not required as the Regulations only apply to non-corporate Commonwealth entities and do not adversely affect the private sector. 

 

 


Details of the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 1) Regulations 2018

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 1) Regulations 2018.

 

Section 2 - Commencement

 

This section provides that the Regulations commence on the day after they are registered on the Federal Register of Legislation. 

 

Section 3 - Authority

 

This section provides that the Regulations are made under the Financial Framework (Supplementary Powers) Act 1997.

 

Section 4 - Schedules

 

This section provides that the Financial Framework (Supplementary Powers) Regulations 1997 are amended as set out in the Schedule to the Regulations. 

 

Schedule 1 - Amendments

 

Item 1 - In the appropriate position in Part 4 of Schedule 1AB (table)

 

This item adds a new table item to Part 4 of Schedule 1AB to establish legislative authority for government spending on an activity that will be administered by the Department of Home Affairs (the department).

 

New table item 274 establishes legislative authority for government spending on the Fostering Integration Grants Scheme (the Scheme).

 

The Government will provide $5 million in 2018-19 to community organisations assisting newly arrived migrants to integrate into Australian society while understanding and practicing Australian values.  This will include grants to support practical neighbourhood activities that foster integration and inclusion.

 

The Scheme will consist of one or more open competitive grant rounds in 2018-19.  Grants may support the delivery of one-off projects such as:

*         the English language projects aimed at increasing levels of English language proficiency of migrants in the community where they complement but do not duplicate or replicate the existing services available;

*         the projects targeting refugees and humanitarian entrants; and

*         the activities with participating Australians that enable Australians to assist with the integration of migrants or to build racial tolerance.

 

Grants through the Scheme will be open to not-for-profit organisations that support sectors of the community and businesses that have the capacity to quarantine grant funds for the provision of services under a not-for profit arrangement. 

 

Funding of $5 million in 2018-19 was included in the 2018-19 Budget under the measure 'Fostering Integration Grants Scheme'.  Details are set out in Budget 2018-19, Budget Measures, Budget Paper No. 2 2018-19 at page 130. 

 

The Department of Social Services Community Grants Hub will conduct the grant process on behalf of the department.  The grant process will be conducted in accordance with the Commonwealth Grants Rules and Guidelines 2017.

 

Information on the grant opportunity, including the grant guidelines, will be published on the GrantConnect website at www.grants.gov.au and the departmental website at www.homeaffairs.gov.au

 

The Community Grants Hub will review grant applications for compliance with grant criteria as set out in the grant guidelines.  Compliant grant applications will be provided to an assessment panel established by the department who will evaluate applications and make recommendations to the Minister for Citizenship and Multicultural Affairs or his delegate as the decision-maker. 

 

The Minister's decision will be final in all matters including:

*         the approval of the grant;

*         the grant funding amount to be awarded; and

*         the terms and conditions of the grant.

 

Information on decisions in relation to grants will be published on GrantConnect.

 

There is no mechanism to appeal a decision to approve or not approve a grant. 

 

Independent merits review rights are not considered appropriate for the grant decisions.  There is a finite resource for these grants, which will be paid predominantly to not-for-profit organisations to provide support to members of their community, and an allocation that has already been made to another grant recipient would be affected by overturning the original decision.

 

Funding for this item will come from Program 2.1: Multicultural Affairs and Citizenship, which is part of Outcome 2.  Details are set out in the Portfolio Budget Statements 2018-19, Budget Related Paper No. 1.10, Home Affairs Portfolio at pages 20 and 45.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:

*         the aliens power (section 51(xix));

*         the immigration power (section 51(xxvii));

*         the external affairs power (section 51(xxix)); and

*         the Commonwealth executive power and the express incidental power (sections 51(xxxix) and 61), including the nationhood aspect.


 

Aliens power

 

Section 51(xix) of the Constitution empowers the Parliament to make laws with respect to 'naturalization and aliens'. 

 

The Scheme is aimed at supporting newly arrived migrants to Australia who are non-citizens of Australia through grants to community groups for activities to assist non-citizens to integrate into Australian social and civil life. 

 

Immigration power

 

Section 51(xxvii) of the Constitution empowers the Parliament to make laws with respect to 'immigration and emigration'. 

 

The Scheme is aimed at supporting newly arrived migrants to Australia through grants to community groups for activities to assist non-citizens to integrate into Australian social and civil life. 

 

External affairs power

 

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to 'external affairs'.  The external affairs power supports legislation implementing Australia's obligations under international treaties to which it is a party.

 

Australia is a party to the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).  Article 2 of the CERD requires States Parties to 'undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races' (Article 2(1)).  To this end, Article 2(1)(e) requires States Parties to 'encourage, where appropriate, integrationist multiracial organisations and movements and other means of eliminating barriers between races, and to discourage anything which tends to strengthen racial division'.  Article 7 requires States Parties to 'adopt immediate and effective measures ... with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups ... '.

 

The Scheme aims to promote understanding, tolerance and friendship among migrants and new arrivals and broader Australian communities.  Fostering understanding and tolerance, including among diverse racial or ethnic groups, is intended to discourage racial discrimination. 

 

Commonwealth executive power and the express incidental power, including the nationhood aspect

 

The express incidental power (section 51(xxxix) of the Constitution) empowers the Parliament to make laws with respect to matters incidental to the execution of any power vested in it by the Constitution.  Together with the executive power (section 61 of the Constitution), section 51(xxxix) supports activities that are peculiarly adapted to the government of a nation and cannot be carried out for the benefit of the nation otherwise than by the Commonwealth.

 

The Scheme supports social cohesion, community harmony and cross-cultural understanding for the benefit of Australia.  The grants will assist migrants and new arrivals to understand and adopt Australian values and cultural norms, and promote interaction between broader Australian communities and migrant communities to strengthen social cohesion.

 

 

 

 

 


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 1) Regulations 2018

 

These Regulations are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

Section 32B of the Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FF(SP) Regulations) and to make, vary and administer arrangements and grants for the purposes of programs specified in the Regulations.  Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programs.  The FF(SP) Act applies to Ministers and the accountable authorities of non-corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013

 

The Regulations amend Schedule 1AB to the FF(SP) Regulations to establish legislative authority for government spending on the Fostering Integration Grants Scheme which will be administered by the Department of Home Affairs.

 

The Government will provide $5 million in 2018-19 to community organisations assisting newly arrived migrants to integrate into Australian society while understanding and practicing Australian values.  This will include grants to support practical neighbourhood activities that foster integration and inclusion.

 

Funding for the Fostering Integration Grants Scheme was included in the 2018-19 Budget.

 

The Minister for Citizenship and Multicultural Affairs has responsibility for this matter.

 

Human rights implications

 

The Regulations do not engage any of the applicable rights or freedoms.

 

Conclusion

 

These Regulations are compatible with human rights as they do not raise any human rights issues.

 

Senator the Hon Mathias Cormann

Minister for Finance


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