Financial Framework (Supplementary Powers) Amendment (2015 Measures No. 2) Regulation 2015

Administered by Department of Finance

Legislation au F2015L00370 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument No. 29, 2015

 

Issued by the Authority of the Minister for Finance

 

Financial Framework (Supplementary Powers) Act 1997

 

Financial Framework (Supplementary Powers) Amendment

(2015 Measures No.2) Regulation 2015

 

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, programmes 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 programmes specified in the Principal Regulations.  Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programmes. 

 

Schedule 1 to the Regulation amends the Principal Regulations to establish legislative authority in Schedule 1AB for spending by the Government to fund the construction of a replacement training and administration base for the Gold Coast Suns Australian Football League team at Metricon Stadium.  This would then enable the site of the team’s existing training and administration base to be used in connection with the 2018 Commonwealth Games, which will be hosted by City of Gold Coast.

 

Details of the Regulation are set out at Attachment A.  A Statement of Compatibility with Human Rights is at Attachment B.  The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.  The Regulation commences on the day after registration on the Federal Register of Legislative Instruments. 

 

Consultation

 

In accordance with section 17 of the Legislative Instruments Act 2003, consultation has taken place with the Department of Health.

 

A regulation impact statement is not required as the Regulation only applies to a non‑corporate Commonwealth entity and does not adversely affect the private sector. 

 

Details of the Financial Framework (Supplementary Powers) Amendment (2015 Measures No. 2) Regulation 2015

 

Section 1 – Name

 

This section provides that the title of the Regulation is the Financial Framework (Supplementary Powers) Amendment (2015 Measures No. 2) Regulation 2015.

 

Section 2 – Commencement

 

This section provides that the Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments. 

 

Section 3 – Authority

 

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

 

Section 4 – Schedules

 

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

 

Schedule 1 – Amendments

 

Item 1 – Part 3 of Schedule 1AB (at the end of the table)

 

This item adds a new item to Part 3 of Schedule 1AB for a spending activity administered by the Department of Health.

 

New table item 6 establishes legislative authority for the Government to fund the construction of a replacement training and administration base for the Gold Coast Suns Australian Football League (AFL) team at Metricon Stadium so as to enable the site of the team’s existing training and administration base to be used in connection with City of Gold Coast’s hosting of the 2018 Commonwealth Games, a sports initiative of national significance.

 

The Government has allocated $15.0 million over two years ($7.5 million in 2014-15 and $7.5 million in 2015-16) to support this project.  Details were included in the Mid-year Economic and Fiscal Outlook 2014-15 which was released on 15 December 2014. 

 

The new item will support the implementation of this project, given the works are linked to, and build on, the commitment announced as part of the 2014-15 Budget to provide $156.0 million to the Queensland Government as the Australian Government’s contribution for the 2018 Commonwealth Games.  The project will be delivered via a funding agreement with the GCFC Limited, the company that operates the Gold Coast Suns AFL team.

 

Funding decisions for this item will be made by the Minister for Health and Minister for Sport.  Given the time critical and non-competitive nature of funding under this item, there is no mechanism for appealing funding or expenditure decisions.

 

All expenditure under this item will be made in accordance with conditions and delegations that apply under the Public Governance, Performance and Accountability Act 2013 and the Commonwealth Grants Rules and Guidelines.  This item will be administered by the Office for Sport within the Department of Health.

 

Funding for this item will come from Programme 10.1: Sport and Recreation which is part of Outcome 10: Sport and Recreation (Improved opportunities for community participation in sport and recreation, and excellence in high-performance athletes, through initiatives to help protect the integrity of sport, investment in sport infrastructure, coordination of Commonwealth involvement in major sporting events, and research and international cooperation on sport issues).  Details are as set out in the Portfolio Additional Estimates Statements 2014-15, Health Portfolio at page 74.

 

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.

 

 

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 (2015 Measures No. 2) Regulation 2015

 

This Regulation is 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 programmes specified in the Regulations.  Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programmes. 

 

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 Regulation amends Schedule 1AB to the FF(SP) Regulations to establish legislative authority for the Government to fund the construction of a replacement training and administration base for the Gold Coast Suns Australian Football League team at Metricon Stadium.  This will then enable the site of the team’s existing training and administration base to be used in connection with the 2018 Commonwealth Games, which will be hosted by City of Gold Coast.

 

The item specified in Schedule 1AB is the responsibility of the relevant Minister who has portfolio responsibility for the matter.

 

Human rights implications

 

The Regulation does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This Regulation is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance

Overview

The Financial Framework (Supplementary Powers) Amendment (2015 Measures No. 2) Regulation 2015 was enacted under the authority of the Financial Framework (Supplementary Powers) Act 1997, and it addresses a specific funding requirement for a project related to the 2018 Commonwealth Games. The Regulation was issued by the Minister for Finance and was designed to amend the Financial Framework (Supplementary Powers) Regulations 1997 to provide the legislative authority for the Commonwealth to fund the construction of a replacement training and administration base for the Gold Coast Suns Australian Football League team at Metricon Stadium. This funding would facilitate the repurposing of the existing training and administration base to support the hosting of the Commonwealth Games by the City of Gold Coast. The policy objective of the Regulation is to support the implementation of this project, which aligns with the broader commitment to provide $156.0 million to the Queensland Government as part of the Australian Government’s contribution to the 2018 Commonwealth Games. This Regulation was developed in accordance with the legislative process, including consultation with relevant departments, and is compatible with human rights as it does not engage any applicable rights or freedoms. The Regulation commenced on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Financial Framework (Supplementary Powers) Amendment (2015 Measures No. 2) Regulation 2015 applies to the Commonwealth government, specifically to Ministers and accountable authorities of non-corporate Commonwealth entities as defined under the Public Governance, Performance and Accountability Act 2013. The Regulation is made under the Financial Framework (Supplementary Powers) Act 1997, which grants the Commonwealth the authority to make arrangements for spending, grants, and the formation of companies under certain circumstances. This Act applies to specified arrangements, grants, programmes, and companies as detailed in the Financial Framework (Supplementary Powers) Regulations 1997. The Regulation specifically amends Schedule 1AB to establish legislative authority for the government to fund the construction of a replacement training and administration base for the Gold Coast Suns Australian Football League team at Metricon Stadium, facilitating the use of the existing base for the 2018 Commonwealth Games hosted by the City of Gold Coast. The spending is part of a larger commitment of $156.0 million allocated for the Games. There are no stated exclusions or exemptions, and funding decisions will be made by the Minister for Health and the Minister for Sport, with no appeal mechanism provided due to the time-critical nature of the project. The Regulation is compatible with human rights as it does not engage any applicable rights or freedoms.

Key Provisions

The Financial Framework (Supplementary Powers) Amendment (2015 Measures No. 2) Regulation 2015 amends the Financial Framework (Supplementary Powers) Regulations 1997 by adding a new item in Schedule 1AB (Item 6) that establishes legislative authority for the Commonwealth to fund the construction of a replacement training and administration base for the Gold Coast Suns Australian Football League (AFL) team at Metricon Stadium. This funding enables the site of the team's existing training and administration base to be used in connection with the 2018 Commonwealth Games hosted by the City of Gold Coast. The Government has allocated $15.0 million over two years to support this project, which will be delivered via a funding agreement with GCFC Limited, the company that operates the Gold Coast Suns AFL team. The funding decisions for this item will be made by the Minister for Health and the Minister for Sport. The Regulation imposes obligations on the accountable authorities of the non-corporate Commonwealth entities involved, specifically the Department of Health. These authorities are required to administer the funding for the construction project in accordance with the Public Governance, Performance and Accountability Act 2013 and the Commonwealth Grants Rules and Guidelines. Given the time-critical nature of the funding, there is no mechanism for appealing funding or expenditure decisions. The Office for Sport within the Department of Health will administer this item, and funding will come from Programme 10.1: Sport and Recreation, which is part of Outcome 10: Sport and Recreation. The Regulation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, the administration of this funding must adhere to the conditions and delegations under the Public Governance, Performance and Accountability Act 2013 and the Commonwealth Grants Rules and Guidelines. Non-compliance with these acts and guidelines could lead to legal consequences, including potential financial penalties or administrative sanctions. The purpose of the item references the Commonwealth executive power and the express incidental power of the Constitution, indicating the legal basis for the spending authority granted by the Regulation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.