Commonwealth Grants Commission Amendment Act 1999

Overview

The Commonwealth Grants Commission Amendment Act 1999 (No. 112) was enacted by the Parliament of Australia to amend the Commonwealth Grants Commission Act 1973. The primary objective of this amendment was to address the financing of works and services in respect of indigenous persons, thereby filling a legislative gap in the original Act. By expanding the scope of the Commonwealth Grants Commission’s inquiries to include matters relating to indigenous persons, the legislation aimed to enhance the oversight and management of funding directed towards indigenous communities. This amendment was intended to ensure that the Commission could effectively address issues pertinent to the provision and funding of services and works specifically for indigenous Australians, thereby promoting equitable distribution of Commonwealth resources.

Scope and Application

The Commonwealth Grants Commission Amendment Act 1999 is an Act of the Commonwealth of Australia that serves to amend the Commonwealth Grants Commission Act 1973. It applies to the Commonwealth Grants Commission and its functions, particularly in relation to works and services provided for or on behalf of indigenous persons. The amendment expands the scope of the Commission’s inquiries to include matters relating to indigenous persons, which are defined to include persons of the Aboriginal race of Australia and descendants of the indigenous inhabitants of the Torres Strait Islands. The Act requires the Commission to report on any matters referred to it by the Minister concerning works and services provided or funded by the Commonwealth, States, or Territories for indigenous persons, as well as grants of financial assistance to States or Territories for the same purpose. This expanded mandate ensures that the Commission's inquiries now cover a broader range of financial and service-related activities impacting indigenous Australians. The Act also updates relevant subsections to reflect the new provisions concerning indigenous persons.

Key Provisions

The Commonwealth Grants Commission Amendment Act 1999 (No. 112, 1999) amends the Commonwealth Grants Commission Act 1973 by introducing new provisions related to the financing of works and services for indigenous persons. Under section 1, the title of the 1973 Act is amended to include "the financing of works and services in respect of indigenous persons." Section 2 of the amending Act provides a definition for the term "indigenous person," clarifying that it refers to a person of the Aboriginal race of Australia or a descendant of an indigenous inhabitant of the Torres Strait Islands. Section 3 of the amending Act inserts a new section 18 into the 1973 Act, requiring the Commission to inquire into and report on any matters referred to it by the Minister concerning works and services for indigenous persons funded or provided by the Commonwealth, a Commonwealth authority, a state, a state authority, a Territory, or a Territory authority. These matters can include grants of financial assistance made under section 96 of the Constitution or by the Commonwealth to a Territory. The obligations imposed on the parties governed by the amending Act include a requirement for the Commission to investigate and report on matters relating to indigenous persons as referred by the Minister. This includes the examination of works and services funded or provided by various governmental bodies, and the review of financial assistance grants related to these works and services. The Act also mandates the consideration of these matters regardless of whether the works, services, or financial assistance are exclusively for indigenous persons. The amending Act does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of its provisions. However, the failure to comply with the obligations imposed on the Commission could lead to potential legal consequences under the Commonwealth Grants Commission Act 1973 or other relevant legislation. The maximum penalties for breaches of the 1973 Act are not specified in the amending Act, but could include fines, imprisonment, or other penalties as determined by a court.