Details of the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 3) Regulations 2017

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 3) Regulations 2017.

 

Section 2 - Commencement

 

This section provides that the Regulations commence on the day after registration 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 3 of Schedule 1AB (table)

 

This item adds a new table item to Part 3 of Schedule 1AB to establish legislative authority for government spending on an initiative that will be administered by the Department of Health. 

 

New table item 20 establishes legislative authority for the Government to provide funding to Football Federation Australia Limited to prepare a bid for Australia to host the 2023 Fédération Internationale de Football Association (FIFA) Women's World Cup.  The FIFA Women's World Cup is an international football competition contested by senior women's national teams of the FIFA members.  The 2023 FIFA Women's World Cup will comprise 24 teams which will play 52 matches over 30 days.

 

The Government is committed to ensuring the success of future major sporting events in Australia through the provision of appropriate support, in partnership with state governments, local governments, national sporting organisations, international sporting organisations, and event organising committees. 

 

Grant funding will be provided to Football Federation Australia to support the initial development of a bid to host the 2023 FIFA Women's World Cup in Australia.  Funding will be used to deliver some or all of the following activities: 

·         appointing a bid team to prepare the bidding material;

*         initiating the bidding process with FIFA;

*         establishing a bid governance model to oversee bid planning and preparations;

*         commencing preparation of technical material, including a hosting budget and concept supported by the analysis of suitable cities, stadiums, hotels and training sites; and

*         engaging consultancy services to provide preliminary advice on technical, legal, public relations, marketing and event delivery aspects of the bid.

 

These preparatory activities will inform the Government's consideration of further grants to support the Football Federation Australia's bid.

 

Funding of $1 million will be made available in 2016-17.

 

The Department of Health will use a closed, non-competitive process to award the grant in accordance with applicable legislative requirements under the Public Governance, Performance and Accountability Act 2013 and the Commonwealth Grants Rules and Guidelines. 

 

The Football Federation Australia's proposal will be assessed against the eligibility and assessment criteria in the grant guidelines, which will outline the objectives and outcomes of the government funding and the deliverables. 

 

Following assessment of the proposal on its merit, the delegate of the Secretary of the Department of Health will make the final decision to approve funding.  The Secretary's delegate will consider whether the proposal represents an efficient, effective, ethical and economical use of Commonwealth resources, and whether any specific requirements need to be imposed as a condition of funding.

 

The decision of the Secretary's delegate is 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.

 

The grant guidelines, assessment criteria and information about the grant decision will be available at www.health.gov.au/internet/main/publishing.nsf/Content/pfps-grantsreporting. 

 

The decision to provide a grant is not considered suitable for independent merits review because the funding is targeted, non-competitive and for a specific purpose.  Football Federation Australia, as Australia's governing body for soccer, is the only body capable of providing the relevant service.

 

Football Federation Australia will be funded under a direct funding arrangement as the only provider that has the capacity to meet the requirements of the Government and FIFA in the development of a compliant Australian bid.

 

To reconsider this decision under merits review would substantially delay implementation of the activity in a market environment where there are no alternative providers with a capacity to provide appropriate services.

 

Funding for this item will come from Program 3.1: Sport and Recreation, which is part of Outcome 3.  Details will be set out in the Portfolio Additional Estimates Statements 2017-18, Health Portfolio.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the purpose of the item references the Commonwealth executive power and the express incidental power (sections 61 and 51(xxxix)) of the Constitution.

 

Funding will be provided for the costs of bidding for Australia to host an international sporting event (the 2023 FIFA Women's World Cup).  Hosting the Women's World Cup in Australia would benefit the nation as a whole.  Bidding for the event is a necessary prerequisite for Australia to be selected as the host country.

 

 

 

 

 

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 (Health Measures No. 3) Regulations 2017

 

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 the Government to provide funding to Football Federation Australia Limited to prepare a bid for Australia to host the 2023 Fédération Internationale de Football Association (FIFA) Women's World Cup.  The Department of Health has responsibility for this initiative.

 

Grant funding of $1 million in 2016-17 will be used to support the initial development of a bid to host the 2023 FIFA Women's World Cup in Australia. 

 

The Minister for Sport has responsibility for this initiative.

 

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