Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 6) Regulations 2023 (Cth)

Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 6) Regulations 2023

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 26 October 2023

David Hurley

Governor‑General

By His Excellency’s Command

Katy Gallagher

Minister for Finance

Contents

1Name

This instrument is the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 6) Regulations 2023.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	27 October 2023

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Financial Framework (Supplementary Powers) Act 1997.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1AmendmentsPart 1Amendments

Financial Framework (Supplementary Powers) Regulations 1997

1

Part 4 of Schedule 1AA (table item 417.013)

Repeal the item.

2

Part 4 of Schedule 1AB (table item 524)

Repeal the item.

1. 3

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

Insert:

634	Assisted Passage Program	To provide funding: (a) for: (i) health screening; and (ii) assisted passage; and (iii) identity verification or other services relating to a person’s visa application; and (iv) related costs; for persons who have applied for, or been granted, a visa under the refugee category of the offshore humanitarian program; and (b) for: (i) health screening; and (ii) travel documents; and (iii) transit for identity verification services; and (iv) related costs; for persons who have applied for, or been granted, a visa under the global special humanitarian program of the offshore humanitarian program; and (c) for: (i) health screening; and (ii) assisted passage; and (iii) related costs; for persons who have departed from, will be departing from, or have been displaced from, Afghanistan and who have been granted a Subclass 449 (Humanitarian Stay (Temporary)) visa; as a measure with respect to aliens (within the meaning of paragraph 51(xix) of the Constitution). This objective also has the effect it would have if it were limited to measures: (a) with respect to immigrants; or (b) with respect to places, persons, matters or things external to Australia.
635	Settlement support programs	To fund services and activities to support eligible non‑citizens, including humanitarian entrants, to settle in Australia. This objective has the effect it would have if it were limited to measures: (a) with respect to aliens (within the meaning of paragraph 51(xix) of the Constitution); or (b) with respect to immigrants.

Part 2Transitional provisions

Financial Framework (Supplementary Powers) Regulations 1997

4

In the appropriate position in Part 3

Insert:

Division 6—Amendments made by the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 6) Regulations 2023

31Power to vary or administer grants or arrangements

Despite the repeal of:

1. (a)

   table item 417.013 in Part 4 of Schedule 1AA; and

2. (b)

   table item 524 in Part 4 of Schedule 1AB;

by Part 1 of Schedule 1 to the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 6) Regulations 2023, those items continue in force for the purposes of sections 32B and 32C of the Act in relation to the administration or variation of grants or arrangements made before the repeal, but not so as to authorise any new commitment by the Commonwealth to spend money.