Financial Framework (Supplementary Powers) Amendment (Foreign Affairs and Trade Measures No. 1) Regulations 2024

Administered by Department of Finance

Legislation au F2024L00309 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Finance

 

Financial Framework (Supplementary Powers) Act 1997

 

Financial Framework (Supplementary Powers) Amendment

(Foreign Affairs and Trade Measures No. 1) Regulations 2024

 

The Financial Framework (Supplementary Powers) Act 1997 (the FFSP 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 powers in the FFSP Act to make, vary or administer arrangements or grants may be exercised on behalf of the Commonwealth by 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 Principal Regulations are exempt from sunsetting under section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 (item 28A). If the Principal Regulations were subject to the sunsetting regime under the Legislation Act 2003, this would generate uncertainty about the continuing operation of existing contracts and funding agreements between the Commonwealth and third parties (particularly those extending beyond 10 years), as well as the Commonwealth’s legislative authority to continue making, varying or administering arrangements, grants and programs.

 

Additionally, the Principal Regulations authorise a number of activities that form part of intergovernmental schemes. It would not be appropriate for the Commonwealth to unilaterally sunset an instrument that provides authority for Commonwealth funding for activities that are underpinned by an intergovernmental arrangement. To ensure that the Principal Regulations continue to reflect government priorities and remain up to date, the Principal Regulations are subject to periodic review to identify and repeal items that are redundant or no longer required.

 

Section 32B of the FFSP 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. Section 32D of the FFSP Act confers powers of delegation on Ministers and the accountable authorities of non-corporate Commonwealth entities, including subsection 32B(1) of the Act. Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs.

 

Section 65 of the FFSP Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 


The Financial Framework (Supplementary Powers) Amendment (Foreign Affairs and Trade
Measures No. 1) Regulations 2024 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on certain activities to be administered by the Department of Foreign Affairs and Trade.

 

Funding is provided for:

  • cyber resilience initiatives for Pacific Island and Southeast Asian countries to strengthen their cyber defences as part of regional cyber uplift ($21.2 million over four years from 2023‑24); and
  • Australia-France Bilateral Roadmap to build and maintain Australia’s relationship with France ($14.2 million over four years from 2023-24, and $3.9 million ongoing from 2027-28).

 

Details of the Regulations are set out at Attachment A. A Statement of Compatibility with Human Rights is at Attachment B.

 

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

 

The Regulations commence 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 Department of Foreign Affairs and Trade.

 

A regulatory impact analysis is not required as the Regulations only apply to non‑corporate Commonwealth entities and do not adversely affect the private sector.

Attachment A

 

Details of the Financial Framework (Supplementary Powers) Amendment

(Foreign Affairs and Trade Measures No. 1) Regulations 2024

 

Section 1 – Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Foreign Affairs and Trade Measures No. 1) Regulations 2024.

 

Section 2 – Commencement

 

This section provides that the Regulations commence on the day after registration on the Federal Register of Legislation.

 

Section 3 – Authority

 

This section provides that the Regulations are 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 Schedule to the Regulations.

 

Schedule 1 – Amendments

 

Financial Framework (Supplementary Powers) Regulations 1997

 

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

 

This item adds two new table items to Part 4 of Schedule 1AB to establish legislative authority for government spending on certain activities to be administered by the Department of Foreign Affairs and Trade (the department).

 

New table item 651 establishes legislative authority for government spending on cyber resilience initiatives for Pacific Island and Southeast Asian countries to strengthen their cyber capabilities as part of regional cyber upgrades.

 

Building cyber resilience is a shared global challenge. Under the 2023-2030 Cyber Security Strategy (https://www.homeaffairs.gov.au/about-us/our-portfolios/cyber-security/strategy/
2023-2030-australian-cyber-security-strategy), the Government has committed to supporting a cyber resilient region. The Strategy’s “resilient region and global leadership” shield outlines how Australia will strengthen the cyber resilience of our region with partners in the Pacific and Southeast Asia and harness private sector expertise.

 


On 22 November 2023, the Assistant Minister for Foreign Affairs and Minister for International Development and the Pacific announced new investments under the resilient region and global leadership shield (https://ministers.dfat.gov.au/minister/tim-watts/media-release/2023-2030-cyber-security-strategy-resilient-region-and-global-leadership). This included $16.7 million to build long term resilience in the Pacific, including through a modernisation pilot, $4.5 million for cyber exercising with partners in Southeast Asia and $26.2 million for a Pacific cyber crisis response capability.

 

Through the modernisation pilot in the Pacific, the department will work with agreed Pacific countries to scope their cyber security needs and identify solutions to improve their cyber posture.

 

The pilot responds to the most requested cyber need from the Pacific for technical upgrades to strengthen baseline cyber resilience in Pacific countries, seek to prevent cyber incidents, and mitigate the risks of less secure and easily exploitable systems. Systems that may be modernised include data centres and Computer Emergency Response Team servers. The need and priority will be determined through the scoping process. Scoping will identify the most pressing vulnerabilities or opportunities of the Pacific partners, and will consider factors such as the age, security, fitness for purpose, and upgrades available for existing equipment.

 

Once scoping is complete, the department will procure external service providers to upgrade the government systems to secure-by-design hardware and software. These procurements will also incorporate training to government ICT professionals on the sustainable operation of these systems. The department will assess the procurement based on value for money, capacity and capability to deliver, including technical expertise in cyber security and IT networks, understanding of cyber threats, and ability to engage effectively with partners in the Pacific. The department will commence design of this program in early 2024, with program funding provided to 30 June 2027.

 

Through the cyber exercising series, the department will work with partners in Southeast Asia to enhance cyber governance and hone responses to prevent cyber incidents.

 

The department and contractors will work with partner governments and private sector operators of critical infrastructure to mitigate against and ensure preparedness to respond to cyber incidents. Specific areas of governance to be detailed and exercised include risk management, executive decision making and communication procedures. The exercises will be adjusted to the specific technical, cultural and bureaucratic contexts of each recipient country. Informed by threat assessments, the exercises (around two per year) will support uplift through practical and actionable recommendations for improvement. Over time the exercises are expected to be shaped to achieve stronger interregional cooperation to better manage preparation and response to cyber incidents.

 

The department will procure an external service provider to design and implement the exercising series. The department will assess the procurements based on value for money, capacity and capability to deliver, including technical expertise in cyber security incident readiness and response for critical infrastructure, understanding of cyber threats in the region, and ability to engage effectively with partners in Southeast Asia. While industry will lead the exercising, the department will maintain the ability to shape the exercising series and manage the bilateral relationships.

 

The department will procure services to increase levels of cyber security in the Pacific and Southeast Asia, enhancing regional cyber uplift. Procurement processes will be conducted in accordance with applicable legislative requirements under the Public Governance, Performance and Accountability Act 2013 (PGPA Act), the Commonwealth Procurement Rules (CPRs) and the department’s Accountable Authority Instructions.

 

A range of procurement methods may be used such as open and limited tenders or procurements under existing arrangements. The selection of which procurement method to use will depend on the activity. Final spending decisions will be made by the Secretary of the department or an appropriate delegate (SES Band 2 with financial delegation of up to $100.0 million (GST inclusive) or SES Band 1 with financial delegation of up to $25.0 million (GST inclusive)) under the PGPA Act and the Financial Framework (Supplementary Powers) Act 1997.

 

The department may procure the following services:

  • exercising and training to prepare for and manage incidents;
  • intelligence reporting to assist preparatory measures; and
  • external service providers which may procure hardware and software for partner countries’ use.

 

The department will:

  • manage all contracts for the above services;
  • resource teams and train Australian Government staff supporting these programs; and
  • report on performance of the initiatives and evaluate their impact.

 

Procurement decisions will be based on value for money, including capability and capacity to deliver, and price and risk considerations. The department will undertake a limited tender through appropriate panels if applicable (such as Digital Marketplace) or via open procurement on AusTender if required. Procurement outcomes will be published on AusTender (www.Tenders.gov.au), with information withheld only if specific commercial in confidence clauses are negotiated by the successful supplier (in which case the department will seek legal and procurement advice).

 

Procurement decisions made in connection with regional cyber uplift are not considered suitable for independent merits review, as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. The remaking of a procurement decision after entry into a contractual arrangement with a successful provider is legally complex, impractical, and could result in delays to providing services to platform users.

 

The Administrative Review Council (ARC) has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the guide, What decisions should be subject to merit review? (ARC guide)).

 

The Government Procurement (Judicial Review) Act 2018 enables suppliers to challenge some procurement processes for alleged breaches of certain procurement rules. This legislation might provide an additional avenue of redress (compensation or injunction) for dissatisfied providers or potential providers, depending on the circumstances.

 

The department has a Complaints Handling Policy (available at https: www.dfat.gov.au/
about-us/publications/complaint-handling-procedures-procurement) that sets out the process for responding to any procurement complaints received. This includes investigations to resolve the complaint by reaching a fair and independent view on the issues raised by the complainant. If the department finds a complaint has merit and the complainant has been inconvenienced or disadvantaged through their interactions with the department, an apology or other form of suitable remedy such as providing additional information, changing or reconsidering a decision or expediting action may be appropriate. If the complainant is still not satisfied with the response, they may seek an internal review of how the complaint was managed. If the complainant is still dissatisfied, the option to seek independent review is available from the Commonwealth Ombudsman or the Federal Court. In this case, all information about the complaint and proposed resolution must be provided by the department, when requested.

 

The review and audit process undertaken by the Australian National Audit Office also provides a mechanism to review the department’s spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.

 

Further, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may be available.

 

Whole-of-government consultation on regional cyber uplift occurred as part of the development of the 2023-2030 Cyber Security Strategy. The Department of Home Affairs undertook consultation through a discussion paper released on 27 February 2023. Submissions to the discussion paper closed on 15 April 2023. During public consultation, the Government consulted over 700 stakeholders and received over 330 submissions to the Discussion Paper to inform the development of the Strategy. As part of the Strategy consultations, the department also engaged with international partners (via tasking to all Posts) and received feedback from partners in the Pacific and Southeast Asia through existing bilateral and multilateral mechanisms. Feedback received was used in the design of the Cyber Security Strategy which informed the development of this initiative.

 

The department will continue to work with other government agencies and partners in the Pacific and Southeast Asia in implementing regional cyber uplift.

 

Funding of $21.2 million for the program was included in the 2023-24 Mid-Year Economic and Fiscal Outlook under the measure ‘2023-30 Australian Cyber Security Strategy’ for a period of four years commencing in 2023-24. Details are set out in the Mid-Year Economic and Fiscal Outlook 2023-24, Appendix A: Policy decisions taken since the 2023-24 Budget at page 268.

 

Funding for this item will come from Program 1.1: Foreign Affairs and Trade Operations, which is part of Outcome 1. Details will be set out in the Portfolio Additional Estimates Statements 2023-24, Foreign Affairs and Trade 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 external affairs power (section 51(xxix)); and
  • the relations of the Commonwealth with the islands of the Pacific (section 51(xxx)).

 

External affairs power

 

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. The external affairs power supports legislation with respect to matters or things outside the geographical limits of Australia.

 

The program is intended to further Australia’s ties with Pacific Island and Southeast Asian countries through consolidating Australia’s status as a leader in the region and a partner of choice on cyber matters, and defend Australia’s interests in Internet governance and telecommunications forums. The program will involve building cyber resilience in other countries.

 

Pacific relations power

 

Section 51(xxx) of the Constitution empowers the Parliament to make laws with respect to ‘the relations of the Commonwealth with the islands of the Pacific’.

 

The program is intended to further Australia’s ties with Pacific Island countries by strengthening the cyber resilience of the Pacific region and consolidating Australia’s status as a leader in the region and a partner of choice on cyber matters.

 

New table item 652 establishes legislative authority for government spending on the Australia-France Bilateral Roadmap (the Roadmap).

 

The Roadmap was commissioned by the Prime Minister, the Hon Anthony Albanese MP and President Emmanuel Macron of France in July 2022 to strengthen the bilateral relationship. The Roadmap sets out a new agenda for bilateral cooperation encompassing practical, strategically-focussed initiatives across three pillars: defence and security, resilience and climate action, and education and culture.

 

Funding of $14.2 million over four years from 2023-24, and $3.9 million annually from 2027-28, will be available to the department to support the activities of Australian, French and Pacific researchers, innovators, creators and policy makers, and will benefit communities in these countries. The Roadmap includes initiatives with the potential to generate commercial benefits for Australian critical minerals, defence industry and creative industries, as well as social and environmental benefits, including with regard to energy transition.

 

The spending activities to be supported by table item 652 include:

  • research grants, fellowships, scholarships, Australia Awards and the visiting fellows program as part of the Australia-France Centre of Excellence for the Indo-Pacific;
  • activities to enhance diplomatic, technical and scientific collaboration in relation to Antarctica and the Southern Ocean; and
  • the Australia-France Cultural Initiative, to the extent that it involves funding beyond costs associated with engagement by Australian officials.

 

The Australia-France Centre of Excellence for the Indo-Pacific comprises three work streams: an Indo-Pacific Studies Program, an Energy Transition Program, and a Pacific Social Sciences Program.

 

The Indo-Pacific Studies Program aims to strengthen Australia-France strategic policy engagement and facilitate deeper links between French, Australian, and Indo-Pacific scholars, students, and policy makers. The program will develop high quality strategic research and distinctive perspectives on trends in the Indo-Pacific shaping the region and the globe to draw insights with tangible value for Australian policymakers, scholars, and the public.

 

The Energy Transition Program aims to support Indo-Pacific energy transition by bringing together companies, institutions, and researchers at the cutting edge of energy transition in Australia and France. The program will facilitate deeper links between French, Australian and Indo-Pacific scholars, students and policy makers.

 

The Pacific Social Sciences Program aims to strengthen science and research cooperation between Australia, France and French Pacific territories focussed on finding innovative solutions to challenges faced by the Pacific in the field of social sciences, including the impact of climate change, food and resources, and demographics. The initiative will support academic and researcher mobility between Australia, France and the Pacific to expand research output and impact, and to develop expertise.

 

Activities to enhance diplomatic, technical and scientific collaboration in relation to Antarctica and the Southern Ocean will include awarding an annual Hawke-Rocard Medal for Outstanding Achievement in Protecting the Antarctic Environment to reinforce our Antarctic leadership, promote our role in establishing the 1991 Environmental Protocol, and support Antarctic research.

 

The Australia-France Cultural Initiative, to be administered through the Australian Embassy in Paris, will conduct cultural activities and develop opportunities for cooperation. It aims to:

  • establish partnerships between French and Australian institutions and festivals with a focus on exchanges, residencies, co-commissions, productions and curations;
  • establish and expand a network of performing arts professionals to support future performance and artists exchanges, international touring and co-productions;
  • enhance awareness of First Nations cultural assets in the French market, including raised awareness of repatriation of Ancestral remains and ethical art trading; and
  • advance cooperation on best practice in film conservation and restoration.

 

Funding for the above spending activities will be awarded to eligible students, researchers and cultural bodies from France, Australia and the French Pacific territories.

 

A variety of financial arrangements will be utilised to deliver the spending activities, including:

  • engagement of external service providers through open tender and limited tender procurements, in accordance with the CPRs; and
  • the provision of single and multi-year grants via open competitive and restricted competitive funding rounds, in accordance with the Commonwealth Grants Rules and Guidelines 2017.
     

Information about programs and grants (such as the tender documentation and grant opportunity guidelines) will be made available on appropriate websites e.g. Austender (www.tenders.gov.au) and GrantConnect (help.grants.gov.au).

 

Grants will be managed by the department or by third party providers appointed by the department, in accordance with Minister-approved grant opportunity guidelines. The department will be closely involved in the grant recipient shortlisting processes, as a member of the relevant selection panel or advisory body established by a third-party provider. Final decisions on the awarding of grants or tenders will be made by the Minister’s delegate, or the SES band 1 delegate of the accountable authority (the Secretary of the department), drawing on advice provided by an expert advisory body.

 

Procurement decisions to appoint third-party providers are not considered suitable for independent merits review, as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, any funding that has already been allocated would be affected if the original decision was overturned. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraph 4.11 of the ARC guide).

 

On a similar basis, merits review of decisions made in connection with the grant would not be considered appropriate because these decisions relate to the provision of a grant to a certain recipient, over other recipients (see paragraphs 4.16 to 4.19 of the ARC guide).

 

The Roadmap and its initiatives were developed in close consultation with the Government of France over a period of 18 months from July 2022 to December 2023, to ensure full consideration of bilateral priorities. The Roadmap was formulated by the department in consultation with a broad range of Australian Government agencies during this time. Consultation was also carried out with tertiary institutions (in relation to the design of research programs and/or grants).

 

Funding of $14.2 million over four years from 2023-24 (and $3.9 million ongoing from
2027-28) for the program will be included in the Foreign Affairs and Trade Portfolio Additional Estimates Statements 2023-24, with the measure description to appear in the 2024-25 Budget. Funding will come from Program 1.1: Foreign Affairs and Trade Operations, which is part of Outcome 1.

 

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 external affairs power (section 51(xxix)); and
  • the executive power (section 61). 

 

External affairs power

 

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. The external affairs power supports legislation with respect to matters concerning Australia’s relations with other nations, and matters or things outside the geographical limits of Australia. The Australia-France Roadmap sets out a new agenda for bilateral cooperation between Australia and France (including the French Pacific Island territories) encompassing practical, strategically-focussed initiatives across three pillars: defence and security, resilience and climate action, and education and culture.

 

Executive power and express incidental power

 

The express incidental power in section 51(xxxix) of the Constitution empowers the Parliament to make laws with respect to matters incidental to the execution of any power vested in the Parliament, the executive or the courts by the Constitution. The executive power in section 61 of the Constitution supports activities that form part of the ordinary and well-recognised functions of government. The Australia-France Roadmap will involve expenditure on initiatives to maintain Australia’s foreign relations.

Attachment B

 

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 (Foreign Affairs and Trade
Measures No. 1) Regulations 2024

 

This disallowable legislative instrument 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 FFSP Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FFSP 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 FFSP Regulations specify the arrangements, grants and programs. The powers in the FFSP Act to make, vary or administer arrangements or grants may be exercised on behalf of the Commonwealth by 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 Financial Framework (Supplementary Powers) Amendment (Foreign Affairs and Trade
Measures No. 1) Regulations 2024 amend Schedule 1AB to the FFSP Regulations to establish legislative authority for government spending on certain activities to be administered by the Department of Foreign Affairs and Trade (the department).

 

This disallowable legislative instrument adds the following table items to Part 4 of
Schedule 1AB:

  • table item 651 ‘Cyber systems in Pacific Island and Southeast Asian countries’; and
  • table item 652 ‘Australia-France Bilateral Roadmap’.

 

Table item 651 – Cyber systems in Pacific Island and Southeast Asian countries

 

Table item 651 establishes legislative authority for government spending on a pilot program to scope and upgrade the cyber systems used by the governments of Pacific Island countries, and to fund a pilot program for creating a networked cyber defence capability in the Pacific region (the initiatives).

 

The initiatives will enable Australia to work with partners in the Pacific and Southeast Asia to strengthen their cyber capabilities as part of regional cyber uplift. Funding will include $16.7 million to build long term cyber resilience in the Pacific, including through a modernisation pilot, and $4.5 million for a cyber exercising with partners in Southeast Asia. These investments form part of the Government’s 2023-2030 Cyber Security Strategy.

 

The pilot program aspect of the initiative responds to the most requested cyber need from the Pacific for technical uplift to strengthen baseline cyber resilience in Pacific countries, seeks to prevent cyber incidents, and mitigate the risks of less secure and easily exploitable systems. Systems that may be modernised include data centres and Computer Emergency Response Team servers – the need and priority will be determined through the scoping process. Scoping will identify the most pressing vulnerabilities or opportunities of the Pacific partners, and will consider factors such as the age, security, fitness for purposes and upgrades available for existing equipment.

 

Through the bilateral cyber exercises and training series, the department will work with partners in Southeast Asia to enhance cyber governance and hone responses to prevent cyber incidents. Specific areas of governance to be detailed and exercised include risk management, executive decision making and communication procedures. Informed by threat assessments, the exercises will support upgrades through practical and actionable recommendations for improvement.

 

Human rights implications

 

Table item 651 engages the following right:

  • the right to privacy and reputation – Article 17 of the International Covenant on Civil and Political Rights (ICCPR), read with Article 2.

 

Right to privacy and reputation

 

Article 2(1) of the ICCPR requires that each State Party to the Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognised in the Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

 

Article 2(2) of the ICCPR requires, where not already provided for by existing legislative or other measures, each State Party to the Covenant undertakes to take the necessary steps to adopt such laws or other measures as may be necessary to give effect to the rights recognised in the Covenant.

 

Article 17 of the ICCPR prohibits unlawful or arbitrary interferences with a person’s privacy, family, home and correspondence. It also prohibits unlawful attacks on a person’s reputation. It provides that persons have the right to the protection of the law against such interference or attacks.

 

Table item 651 may engage the right to privacy, depending on the nature of the software and hardware modernisation and the use of the technology by recipient countries. The recipient country may directly or indirectly, through the uplift in their software and hardware, impact:

  • the collection, security, use or disclosure of personal information;
  • the regulation of information held on a public register;
  • a system that links or matches personal information across or within agencies; and
  • authorises the interception of communications, including electronic or telephonic.

 


Any personal information that is collected, used and/or disclosed by the Australian Government will be done so in line with obligations under the Privacy Act 1988. Table item 651 promotes the right to privacy as privacy in recipient countries will be enhanced through increased cyber resilience and more secure and less exploitable systems in Pacific Island countries.

 

Conclusion

 

Table item 651 is compatible with human rights because it promotes the protection of human rights.

 

Table item 652 – Australia-France Bilateral Roadmap

 

New table item 652 establishes legislative authority for government spending on the Australia-France Bilateral Roadmap (the Roadmap).

 

The Roadmap was commissioned by the Prime Minister, the Hon Anthony Albanese MP and President Emmanuel Macron of France in July 2022 to strengthen the bilateral relationship. The Roadmap sets out a new agenda for bilateral cooperation encompassing practical, strategically-focussed initiatives across three pillars: defence and security, resilience and climate action, and education and culture.

 

Funding of $14.2 million over four years from 2023-24 (and $3.9 million ongoing from
2027-28) will be available to the department to support the activities of Australian, French and Pacific Island researchers, innovators, creators and policy makers, and to benefit communities in these countries. The Roadmap includes initiatives with the potential to generate commercial benefits for Australian critical minerals, defence industry and creative industries, as well as social and environmental benefits, including with regard to the green energy transition.

 

The spending activities to be supported by table item 652 include:

  • research grants, fellowships, scholarships, Australia Awards and the visiting fellows program as part of the Australia-France Centre of Excellence for the Indo-Pacific (which comprises an Indo-Pacific Studies Program, an Energy Transition Program, and a Pacific Social Sciences Program);
  • activities to enhance diplomatic, technical and scientific collaboration on Antarctica and the Southern Ocean; and
  • the Australia-France Cultural Initiative, to the extent that it involves funding beyond costs associated with engagement by Australian officials.

 

Human rights implications

 

Table item 652 engages the following rights:

  • the right to self-determination – Article 1 of the ICCPR and Article 1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2; and
  • the right to enjoy and benefit from culture – Article 27 of the ICCPR and Article 15 of the ICESCR.

 


Right to self-determination

 

Article 2 of the ICESCR requires that each State Party to the Covenant undertakes to take steps to the maximum of its available resources to realise the rights recognised in the Covenant, particularly through legislative measures.

 

The right to self-determination is contained in Article 1 of the ICCPR and Article 1 of the ICESCR. It states the entitlement of peoples to have control over their destiny and to be treated respectfully. This includes being free to pursue their economic, social and cultural development.

 

The Roadmap includes grants for researchers from Pacific Islands in the fields of social science, energy transition and strategic studies. Research in these areas has the potential to influence the development of policy by their own and by other Pacific governments. This will promote the right to self-determination by enabling governments to develop policies that improve their economic, social and cultural development.  

 

Right to enjoy and benefit from culture

 

The right to enjoy and benefit from culture is contained in Article 27 of the ICCPR and Article 15 of ICESCR and includes:

  • the rights of individuals belonging to ethnic, religious and linguistic minorities within a country to enjoy their own culture, practise their own religion and use their own language;
  • the right of all persons to take part in cultural life;
  • the right of all persons to enjoy the benefit of scientific progress and its applications; and
  • the right of all persons to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author.

 

The Roadmap contains programs to raise cultural awareness (both historic and present-day) and strengthen people-to-people artistic links between Australia and France, with cultural benefits for both nations. This will promote the right to enjoyment and benefit from culture, by increasing opportunities to engage in and share cultural experiences.

 

Conclusion

 

Table item 652 is compatible with human rights because it promotes the protection of human rights.

 

 

 

 

Senator the Hon Katy Gallagher

Minister for Finance

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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.