EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Finance
Financial Framework (Supplementary Powers) Act 1997
Financial Framework (Supplementary Powers) Amendment
(Attorney-General’s Portfolio Measures No. 4) Regulation 2016
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, programs 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 programs specified in the Principal Regulations. Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs.
Schedule 1 to the Regulation amends Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on the Safer Communities Fund Program. This spending activity will be funded by the Attorney-General’s Department. The grants assessment process for the Program will be administered by the Department of Industry, Innovation and Science.
The Program will provide funding for local crime prevention initiatives and security infrastructure (including CCTV) to address crime and anti-social behaviour. The Program will enhance community safety, which will improve security and reduce street crime and violence, leading to a reduction in the fear of crime in the Australian community and greater community resilience and wellbeing.
The Coalition’s Policy for a Safer Communities Fund was announced during the federal election in June 2016.
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 Legislation Act 2003. The Regulation commences on the day after registration on the Federal Register of Legislation.
Consultation
In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Attorney-General’s Department.
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 (Attorney‑General’s Portfolio Measures No. 4) Regulation 2016
Section 1 – Name
This section provides that the title of the Regulation is the Financial Framework (Supplementary Powers) Amendment (Attorney-General’s Portfolio Measures No. 4) Regulation 2016.
Section 2 – Commencement
This section provides that the Regulation commences on the day after it is registered on the Federal Register of Legislation.
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 – In the appropriate position in Part 4 of Schedule 1AB (table)
This item adds a new table item to Part 4 of Schedule 1AB to establish legislative authority for government spending on the Safer Communities Fund Program which will be funded by the Attorney‑General’s Department. The grants assessment process for the Program will be administered by the Department of Industry, Innovation and Science on behalf of the Attorney-General’s Department.
New table item 186 establishes legislative authority for government spending on the Safer Communities Fund Program.
The Program will boost the efforts of identified local councils and community organisations by funding crime prevention initiatives to address crime and anti-social behaviour, and to protect pre-schools, schools and community organisations that are facing security risks associated with racial or religious intolerance.
The Program will provide funding for local crime prevention and security infrastructure (including CCTV) to address crime and anti-social behaviour. The Program will enhance community safety, which will improve security and reduce street crime and violence, leading to a reduction in the fear of crime in the Australian community and greater community resilience and wellbeing.
Funding of $40 million will be made available over four years, commencing from 2016-17.
During the 2016 election campaign the Government announced commitments to 71 organisations that will receive funding under the Program. The announcement was made in The Coalition’s Policy for a Safer Communities Fund.
The Department of Industry, Innovation and Science will administer the grants assessment process on behalf of the Attorney-General’s Department and will publish further information about the funding and application process, including application forms and program guidelines on the www.business.gov.au website.
Applicants will need to submit completed application forms to the Department of Industry, Innovation and Science. Funding applications will be assessed in accordance with the criteria published in the program guidelines. The Minister for Justice will be the final decision‑maker in determining recipients for funding.
A closed grants round will be conducted in late 2016 to allow projects proposed for funding during the 2016 federal election to commence in the 2016-17 financial year. An open grants round will be conducted in 2017-18 where applications will be invited from organisations that fall within the scope of the Program and satisfy the criteria set out in the program guidelines.
Once applications have been assessed, funding agreements will be made between successful applicants and the Department of Industry, Innovation and Science acting on behalf of the Commonwealth before funds can be received and works can commence. Grant payments will be linked to completion of project milestones. Grant recipients will be required to provide appropriate activity and financial reporting throughout the duration of their projects.
The Attorney-General’s Department will publish the names of grant recipients on the www.ag.gov.au website.
Due to its small scale, non-ongoing expenditure basis and targeted nature, the Program will not be subject to merits review arrangements. The Attorney‑General’s Department will provide feedback to unsuccessful funding applicants.
Funding for this item will come from Program 1.7: National Security and Criminal Justice, which is part of Outcome 1: A just and secure society through the maintenance and improvement of Australia’s law and justice framework and its national security and emergency management system. Details will be set out in the Portfolio Additional Estimates Statements 2016-17, Attorney‑General’s Portfolio.
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:
- the communications power (section 51(v)); and
- the external affairs power (section 51(xxix)).
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 (Attorney-General’s Portfolio Measures No. 4) Regulation 2016
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 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.
Schedule 1 to the Regulation amends Schedule 1AB to the FF(SP) Regulations to establish legislative authority for government spending on the Safer Communities Fund Program. This spending activity will be funded by the Attorney-General’s Department. The grants assessment process will be administered by the Department of Industry, Innovation and Science on behalf of the Attorney-General’s Department.
The Program will provide funding for local crime prevention and security infrastructure (including CCTV) to address crime and anti-social behaviour. The Program will enhance community safety, which will improve security and reduce street crime and violence, leading to a reduction in the fear of crime in the Australian community and greater community resilience and wellbeing.
The Program was announced in The Coalition’s Policy for a Safer Communities Fund during the 2016 federal election.
The Minister for Justice has responsibility for this Program.
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