Financial Framework (Supplementary Powers) Amendment (Agriculture and Water Resources Measures No. 1) Regulation 2015

Administered by Department of Finance

Legislation au F2015L02001 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument No. 229, 2015

 

Issued by the Authority of the Minister for Finance

 

Financial Framework (Supplementary Powers) Act 1997

 

Financial Framework (Supplementary Powers) Amendment

(Agriculture and Water Resources Measures No. 1) 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 the Government to fund activities to improve the management of established pest animals and weeds.  The programme was announced in the Government’s Agricultural Competitiveness White Paper released on 4 July 2015 and will be administered by the Department of Agriculture and Water Resources. 

 

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 Agriculture and Water Resources.

 

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

Details of the Financial Framework (Supplementary Powers) Amendment (Agriculture and Water Resources Measures No. 1) Regulation 2015

 

Section 1 – Name

 

This section provides that the title of the Regulation is the Financial Framework (Supplementary Powers) Amendment (Agriculture and Water Resources Measures No. 1) 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 are amended as set out in the Schedules to the Regulation.

 

Schedule 1 – Amendments

 

Item 1 – Part 4 of Schedule 1AB (table)

 

This item adds a new table item to Part 4 of Schedule 1AB that establishes legislative authority for government spending on an activity administered by the Department of Agriculture and Water Resources.

 

New table item 113 establishes legislative authority for the Government to fund activities to improve the management of established pest animals and weeds. 

 

Funding will be used to:

  • provide financial assistance to organisations to develop and promote new and improved technologies and tools for controlling pest animals and weeds; and
  • develop national consultative and collaborative arrangements for government, community and industry action on pest animals and weeds.

 

Established pest animals and weeds have been introduced to parts of Australia and have self‑sustaining populations that are not considered eradicable.  Established pest animals and weeds that negatively impact agricultural competitiveness, as well as threaten ecosystems, habitats and species would be targeted.

 

The funding forms part of the $50 million for the management of established pest animals and weeds announced in the Agricultural Competitiveness White Paper, which was released on 4 July 2015.  The White Paper is available at http://agwhitepaper.agriculture.gov.au.  Activities will also be funded to support industry and community led on-ground action through state and territory governments and provide information to raise awareness of the benefits of pest animal and weed control.

 

Spending decisions will be made by the Minister for Agriculture and Water Resources.  Expenditure for this programme will be made in accordance with the Commonwealth Grants Rules and Guidelines and related departmental guidelines.  Spending decisions will be made public as required by the Commonwealth Grants Rules and Guidelines.

 

Decisions for funding will be made on a targeted basis to support programme outcomes and objectives.  The Department may initiate a competitive process with guidelines that target specific outcomes.  Where a competitive process is adopted, information including programme guidelines and criteria will be published on the Department’s website (www.agriculture.gov.au).  

 

Merits review is not applicable in respect of decisions made in relation to ad-hoc or targeted funding given the non-competitive nature of the funding.  Where funds are allocated under a competitive selection process, with a limited allocation of funding available, such decisions are not considered suitable for merits review.  Further information on review mechanisms and complaints and how they will be dealt with will form part of the guidelines.  All grants provided will be published on the Department of Agriculture and Water Resources’ website.

 

This initiative comes within Programme 1.2: Sustainable management – Natural resources, which is part of Outcome 1: More sustainable, productive, internationally competitive and profitable Australian agricultural, food and fibre industries through policies and initiatives that promote better resource management practices, innovation, self-reliance and improved access to international markets.  Funding details will be set out in the Portfolio Additional Estimates Statements 2015‑16, Agriculture and Water Resources Portfolio.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the external affairs power (section 51(xxix)) 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 (Agriculture and Water Resources Measures No. 1) 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. 

 

Schedule 1 to the Regulation adds a new item to Schedule 1AB to establish legislative authority for the Government to fund activities to improve the management of established pest animals and weeds.  The programme was announced in the Government’s Agricultural Competitiveness White Paper released on 4 July 2015 and will be administered by the Department of Agriculture and Water Resources.

 

The Minister for Agriculture and Water Resources has portfolio responsibility for this programme.

 

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 (Agriculture and Water Resources Measures No. 1) Regulation 2015 was enacted to provide legislative authority for the Commonwealth to fund activities aimed at improving the management of established pest animals and weeds. This regulation is a supplement to the Financial Framework (Supplementary Powers) Act 1997, which grants the Commonwealth the ability to make arrangements, grants, and programmes under specific circumstances. The regulation was introduced to address the need for targeted funding to control pests and weeds that have established self-sustaining populations in Australia, negatively impacting agricultural competitiveness and threatening ecosystems. The regulation was issued by the Minister for Finance under the authority of the Financial Framework (Supplementary Powers) Act and is designed to support the implementation of the Government's Agricultural Competitiveness White Paper, specifically targeting pest and weed management as part of sustainable resource management practices. This legislative instrument was developed after consultation with the Department of Agriculture and Water Resources, reflecting the Government's commitment to better resource management practices, innovation, and self-reliance in the agricultural sector. The regulation ensures that spending decisions are made transparently and in accordance with the Commonwealth Grants Rules and Guidelines. Additionally, a Statement of Compatibility with Human Rights has been provided, confirming that the regulation does not engage any of the applicable rights or freedoms and is thus compatible with human rights.

Scope and Application

The Financial Framework (Supplementary Powers) Amendment (Agriculture and Water Resources Measures No. 1) Regulation 2015 amends the Financial Framework (Supplementary Powers) Regulations 1997 to provide legislative authority for the Commonwealth to fund activities aimed at improving the management of established pest animals and weeds. This regulation applies to the Commonwealth and specifically to the accountable authorities of non-corporate Commonwealth entities as defined under the Public Governance, Performance and Accountability Act 2013. The regulation's scope is limited to these entities and does not impact the private sector, hence no regulation impact statement was required. The amendment establishes authority for government spending to support the development of new technologies and tools for pest control, as well as national collaborative arrangements for pest management activities. Spending decisions will be made by the Minister for Agriculture and Water Resources in accordance with the Commonwealth Grants Rules and Guidelines, with all grants made under this programme to be published on the Department of Agriculture and Water Resources' website. The regulation does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues.

Key Provisions

The Financial Framework (Supplementary Powers) Amendment (Agriculture and Water Resources Measures No. 1) Regulation 2015 amends the Financial Framework (Supplementary Powers) Regulations 1997 by adding new legislative authority for the Government to fund activities to improve the management of established pest animals and weeds. This authority is provided under section 32B of the Financial Framework (Supplementary Powers) Act 1997, which allows the Commonwealth to make, vary and administer arrangements and grants specified in the Principal Regulations and to make, vary and administer arrangements for the purposes of programmes specified in the Principal Regulations. Schedule 1 to the Regulation adds a new table item 113 to Part 4 of Schedule 1AB that establishes legislative authority for government spending on activities administered by the Department of Agriculture and Water Resources. The new funding will be used to provide financial assistance to organisations to develop and promote new and improved technologies and tools for controlling pest animals and weeds; develop national consultative and collaborative arrangements for government, community and industry action on pest animals and weeds; support industry and community led on-ground action through state and territory governments; and provide information to raise awareness of the benefits of pest animal and weed control. The Regulation imposes certain obligations and requirements on the parties or entities it governs. Firstly, spending decisions will be made by the Minister for Agriculture and Water Resources, and expenditure for this programme will be made in accordance with the Commonwealth Grants Rules and Guidelines and related departmental guidelines. Secondly, spending decisions will be made public as required by the Commonwealth Grants Rules and Guidelines. Thirdly, decisions for funding will be made on a targeted basis to support programme outcomes and objectives. Fourthly, the Department may initiate a competitive process with guidelines that target specific outcomes. Where a competitive process is adopted, information including programme guidelines and criteria will be published on the Department’s website. Lastly, merits review is not applicable in respect of decisions made in relation to ad-hoc or targeted funding given the non-competitive nature of the funding. Where funds are allocated under a competitive selection process, with a limited allocation of funding available, such decisions are not considered suitable for merits review. Further information on review mechanisms and complaints and how they will be dealt with will form part of the guidelines. The Regulation does not provide for any offences, penalties, or civil/criminal consequences for breach. However, it is important to note that failure to comply with the Commonwealth Grants Rules and Guidelines may result in financial penalties or legal action. Additionally, the Regulation is compatible with human rights as it does not raise any human rights issues. This conclusion is based on a Statement of Compatibility with Human Rights prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement explains that the Regulation does not engage any of the applicable rights or freedoms and is therefore compatible with human rights.

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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.