Financial Framework (Supplementary Powers) Amendment (Foreign Affairs and Trade Measures No. 3) Regulations 2025

Administered by Department of Finance

Legislation au F2025L01337 Regulations Not in force Legislative Instrument

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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. 3) Regulations 2025

 

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 noncorporate 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 FFSP 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 FFSP Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the FFSP Act.

 


The Financial Framework (Supplementary Powers) Amendment (Foreign Affairs and Trade Measures No. 3) Regulations 2025 (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 will be provided for the:

  • support for the Republic of Nauru to broaden financial assistance and other forms of support to, or for the benefit of, Nauru, including, but not limited to, support in connection with the Nauru–Australia Treaty signed on 9 December 2024 (existing funding of $64.4 million over two years from 2025-26);
  • ASEAN-Australia Centre Grants Program to develop, promote and strengthen understanding and engagement between Australia and Southeast Asia in support of Australia’s national interests ($7.6 million over four years from 2024-25);
  • Centre for Australia-India Relations Maitri Program to build and maintain Australia’s relationship with India through flagship Maitri Programs comprised of the Maitri Grants Program, Maitri Fellowships Program and Maitri Scholarships Program
    ($4.0 million over four years from 2025-26); and
  • PacificAus Sports Grants Program to strengthen relationships between Australia and the Pacific through sport by fostering elite sports pathways for Pacific athletes and sporting teams, and engagement between Australian and Pacific sporting teams, athletes and stakeholders ($15.6 million per year over the forward estimates from 2025-26).

 

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.

 

 

Attachment A

 

Details of the Financial Framework (Supplementary Powers) Amendment

(Foreign Affairs and Trade Measures No. 3) Regulations 2025

 

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. 3) Regulations 2025.

 

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 (the Principal Regulations) are amended as set out in the Schedule to the Regulations.

 

Schedule 1 – Amendments

 

Financial Framework (Supplementary Powers) Regulations 1997

 

The items in Schedule 1 amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on activities to be administered by the Department of Foreign Affairs and Trade (the department).

 

Amended table item 709 – Support for the Republic of Nauru

 

Item 1 – Part 4 of Schedule 1AB (table item 709, column headed “Objective(s)”)

 

Table item 709 in Part 4 of Schedule 1AB establishes legislative authority for the Government to provide financial assistance to the Republic of Nauru (Nauru) to support the Nauru development program.

 

Item 1 amends table item 709 by inserting “including, but not limited to, support” after “To provide financial assistance and other forms of support to, or for the benefit of, Nauru,”. The amendment broadens the financial assistance to Nauru beyond the support provided under the Nauru-Australia Treaty (the Treaty), to include non-Official Development Assistance (ODA) financing to maintain the Nauru development program.

 

Australia currently delivers $46.0 million to the Republic of Nauru through ODA alongside the Treaty, signed on 9 December 2024. ODA represents approximately 21 per cent of Nauru’s Gross National Income, almost three quarters of which is provided by Australia.

 

The Nauru development program supports Nauru’s priorities in health, education, climate resilient infrastructure, and economic governance, aligning with Nauru’s development priorities and the Sustainable Development Goals.

 

Australia invests in Nauru’s health system to strengthen health preparedness through community-based health clinics and targeted technical assistance. Australia’s governance partnership with Nauru supports strengthening public sector management and local capacity building. To support long-term economic resilience, the Australian Government contributes annually to the Nauru Intergenerational Trust Fund. Australia invests in Nauru’s essential infrastructure and services, including upgrading critical connectivity assets (airport and port). Australia invests in early childhood education, work readiness and skills for labour mobility, and opportunities for women in training and employment pathways through Australia Awards. Aligned with Australia’s new International Gender Equality Strategy (www.dfat.gov.au/sites/default/files/australias-international-gender-equality-strategy.pdf),

Australia’s work in Nauru supports gender and social inclusion.

 

Nauru is due to graduate from the Organisation for Economic Co-operation and Development (OECD) Development Assistance Committee (DAC) list of ODA Recipients on 1 January 2026. While Nauru’s income has driven its graduation, it remains highly vulnerable to economic and climate shocks, and Nauru sits fifth on the United Nations’ Multidimensional Vulnerability Index.

 

Funding amount and arrangements, merits review and consultation

 

Funding of $64.4 million over two years from 2025-26 for the program will be included in the 2025-26 Portfolio Additional Estimates Statements for the Foreign Affairs and Trade portfolio. Funding will come from Program 1.1: Foreign Affairs and Trade Operations, which is part of Outcome 1.

 

Grant and procurement decisions will be made in accordance with the Commonwealth resource management framework, including the Public Governance, Performance and Accountability Act 2013 (PGPA Act), the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) the Commonwealth Grants Rules and Principles 2024 (CGRPs) and the Commonwealth Procurement Rules (CPRs). The department will provide an opportunity for suppliers and tenderers to receive feedback and, if they wish, to make complaints. These complaints and inquiries can be made at any time during the tender process, and will be handled in accordance with probity requirements.

 

Assistance will continue to be guided by Australia’s International Development Policy and reflected in the ODA Development Budget Summary 2025-26 as non-ODA development assistance. Reporting on performance would continue through the department’s annual Performance of Australian Development Cooperation report. Development and design principles will continue to be followed as per the department’s International Development Programming Guide to ensure consistency with the department’s international development programs.

 

Procurement activities will continue to maintain the Nauru development program and transition arrangements to non-ODA financing across the key sectors of health, education, infrastructure and economic governance. The department’s corporate procurement team will provide technical procurement advice throughout transition and procurement processes as per the CPRs.

 

Examples of grants include the continuance and transition of current grants to support the Nauru development program. This includes Direct Funding Arrangements with the Government of Nauru for education initiatives, contributions to the Nauru Intergenerational Trust Fund, and continuance of the Nauru Accountable and Inclusive Governance program with the United Nations Development Programme (UNDP).

 

Grant opportunity guidelines and information about the grants will be made available on GrantConnect (www.grants.gov.au). Consistent with the CGRPs, the department will develop grant opportunity guidelines and will have regards to the nine key principles in administering the grant.

 

Information about tenders and resultant contracts will be made available on AusTender (www.tenders.gov.au) once the contracts are signed. Decisions will be based on value for money. The department will continue to manage all grants and procurements.

 

The Minister for Foreign Affairs will approve the grant opportunity guidelines. The appropriate delegate will approve procurement and grant activities as per the Secretary’s Instructions and Financial Delegations for the departmental officials. These delegations are based on the financial value of the investment and the appropriate position level in accordance with the PGPA Act and the Financial Framework (Supplementary Powers) Act 1997 (FFSP Act).

 

A panel chaired by the Senior Executive Service (SES) Band 2 of the Polynesia, Micronesia and Development Division within the department, would evaluate the applications and decide which grants to approve, taking into account the recommendations of the assessment panel and the availability of grant funds for the purposes of the program.

 

A delegate of the Secretary will be responsible for approving Commonwealth funding provided under the program in accordance with the FFSP Act. The delegate will be the SES Band 2 of the department’s Polynesia, Micronesia and Development Division, with relevant knowledge and experience in approving funding. Australia’s High Commission in Nauru will be responsible for the ongoing management of the program.

 

The program delegate’s decision is final in all matters, including, the approval of the grant, the grant amount to be awarded and the terms and conditions of the grant. If at any time the program delegate determines further information is required, the program delegate will direct Australia’s High Commission to re-engage Nauru officials to further develop the proposal for resubmission. This will then be resubmitted to the assessment panel for consideration prior to the program delegate. Recognising the Nauru government as the sole eligible entity, multiple resubmissions are permitted.

 


Grant and procurement decisions made in connection with the Nauru development program 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 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)).

 

In addition, the consideration of issues of the highest consequence to the Government, being issues affecting Australia’s relations with other countries, means that procurement decisions made in connection with the program are not considered suitable for independent merits review. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.14 to 4.23 of the ARC guide).

 

The review and audit process undertaken by the Australian National Audit Office (ANAO) provides a mechanism to review Australian Government 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.

 

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: www.dfat.gov.au/about-us/
publications/complaints-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 Nauru development program will preserve current policy and financial parameters to ensure the smooth transition of programs after Nauru’s ODA graduation for a period of 18 months. The Australian Government will continue to engage with the Government of Nauru to ensure the program’s policy objectives are met. As the program’s objectives remain unchanged, the department does not consider it necessary to consult with the public.

 


Constitutional considerations

 

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 Pacific relations power (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 concerning Australia’s relations with other nations.

 

Assisting Nauru’s security capability across national security, policing, maritime, border, cyber and other core security areas, strengthens relations with Nauru in support of Australia’s strategic interests.

 

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 provides financial and other forms of support from Australia to Nauru. This kind of support directly impacts Australia’s relations and standing with the Pacific.

 

Item 2 – In the appropriate position in Part 4 of Schedule 1AB (table)

 

This item adds three new table items to Part 4 of Schedule 1AB.

 

Table item 747 – ASEAN-Australia Centre Grants Program

 

New table item 747 establishes legislative authority for government spending on the ASEAN-Australia Centre Grants Program (the program).

 

Australia and the Association of Southeast Asian Nations (ASEAN) share deep ties through the interconnected economies, a mutual commitment to a peaceful, stable, and prosperous region, and strong people-to-people links. The ASEAN-Australia Centre (the Centre) was announced by Southeast Asian leaders and Australia’s Prime Minister, at the
ASEAN-Australia Special Summit on 6 March 2024 (www.pm.gov.au/media/melbourne-declaration-partnership-future).

 

The Centre was officially launched by Australia’s Minister for Foreign Affairs, Senator the Hon Penny Wong and ASEAN Secretary-General, H.E. Dr. Kao Kim Hourn on 27 November 2024 (www.foreignminister.gov.au/minister/penny-wong/media-release/launch-asean-australia-centre-strengthen-southeast-asia-ties). The Centre is a branch within the department.

 


The Centre is a national platform that reflects the Government’s ongoing commitment to deepening engagement with Southeast Asia, including ASEAN Member States and
Timor-Leste. It supports initiatives that enhance Southeast Asian literacy in Australia and foster stronger business, education, cultural, and community connections between Australia, ASEAN Member States, and, where appropriate, Timor-Leste.

 

The Centre also builds on the Government’s ongoing commitment to deepen economic engagement with Southeast Asia. It will implement recommendations from Invested: Australia’s Southeast Asia Economic Strategy to 2040 (www.dfat.gov.au/
southeastasiaeconomicstrategy) along its four priority areas: raising awareness; removing blockages; building capacity; and deepening investment.

 

The Centre provides grants each year through the program, to develop, promote and strengthen understanding and engagement between Australia and Southeast Asia in support of Australia’s national interests. The Centre will deliver the program to create connections between Australian and Southeast Asian cultural institutions, and support initiatives which increase trade and investment through expansion of creative industry-focused exchange initiatives. A small amount of grant funding also supports the commissioning of academic research into areas of shared strategic importance.

 

Through the program, the Centre will support initiatives that align with its mission and pillars, such as:

  • Stream 1 - creative industry initiatives to facilitate professional and creative exchanges, residencies and collaborations between Australia and the region, including, but not limited to, Australian artists with Southeast Asian heritage, and First Nations artists;
  • Stream 2 - projects that involve Australians of Southeast Asian heritage to advance engagement with Southeast Asia and increase awareness of the value diaspora brings to this engagement, including projects that promote and support engagement in business, higher education, science, sport and civil society; and
  • Stream 3 - research (by private or public institutions) aimed at supporting Australian companies’ access to and understanding of trade and investment opportunities in Southeast Asia with a particular focus on projects that: 
    • investigate new strategies for Australian companies to engage with, export to and invest in Southeast Asia;
    • disseminate case studies or research on resilient supply chains, trade diversification, skills exchange, or emerging sectors where Australia and Southeast Asia can collaborate for mutual benefit; and
    • draw on public and private data sources to measure and analyse the position of Australian companies in the region (including relative to likeminded countries) and present those findings publicly.  

 

For all grant streams:

  • projects should involve multiple Southeast Asian countries (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, Timor-Leste and Vietnam) in the project activity;
  • grant activities should identify Southeast Asian partners in the application;
  • applications from First Nations Australians and First Nations Australians-led organisations are strongly encouraged;
  • women and women-led businesses and organisations are strongly encouraged to apply; and
  • applicants with diverse abilities are welcomed.

 

The grant opportunity is an open, competitive process with grants awarded through a merit-based process. Grants are available for any amount between a minimum of $50,000 and a maximum of $200,000 per annum. Applicants may also apply for a multi-year grant (up to two years) for an equivalent amount.

 

Funding amount and arrangements, merits review and consultation

 

Funding of $33.1 million for the Centre was included in the 2024-25 Budget under the measure ‘Southeast Asia Engagement – additional funding’ for a period of five years commencing in 2023-24 (and $8.2 million per year ongoing). Details are set out in Budget 2024-25, Budget Measures, Budget Paper No. 2 at pages 106-107.

 

Funding of $7.6 million over four years from 2024-25 for this item will come from Program 1.6: Public Information Services and Public Diplomacy, which is part of Outcome 1. Details are set out in the Portfolio Budget Statements 2024-25, Budget Related Paper No. 1.8, Foreign Affairs and Trade Portfolio at page 29.

 

The open, competitive grant process to be undertaken in 2025-26 will be administered in accordance with the Commonwealth resource management framework, including the PGPA Act, the PGPA Rule and the CGRPs.

 

Consistent with the CGRPs, the department will develop grant opportunity guidelines and will have regards to the nine key principles in administering the grants. Grant opportunity guidelines and information about the grants will be made available on the GrantConnect website (www.grants.gov.au), and the grants will be administered by the Centre. Applications will be lodged via the SmartyGrants website.

 

Applications will be reviewed against the eligibility criteria specified in the program’s grant opportunity guidelines. If eligible, they will then be assessed against the assessment criteria and against other applications by an internal assessment committee.

 

The internal assessment committee will assess each submission on its merits and compare it to other eligible applications, before recommending which grant applications should be awarded a grant. The assessment committee will be made up of Centre staff and/or other Commonwealth employees. Submissions will be considered on their merits, based on:

  • how well they meet the criteria;
  • how they compare to other applications;
  • their risk management strategies, including but not limited to cybersecurity, respect for diversity of views, intellectual property protection and compliance controls to counter foreign interference; and
  • whether they provide value with relevant money.

 

When assessing the extent to which the application represents value with relevant money, the Centre will have further regard to:

  • the overall objective/s to be achieved in providing the grant and their alignment with the Centre’s strategic objectives;
  • the relative value of the grant sought;
  • the extent to which the geographic location of the application matches identified priorities;
  • the extent to which the evidence in the application demonstrates that it will contribute to meeting the outcomes/objectives; and
  • how the grant activities will target groups or individuals.

 

The assessment committee may also consider information about the applicant or their application which is available through the normal course of business. The assessment committee will recommend to the Head of the Centre which applications to approve for a grant. The Head of the Centre will have the appropriate skills and knowledge and will decide which grants to approve, taking into account the recommendations of the assessment committee and the availability of grant funds for the purposes of the grant program.

 

The Head of the Centre’s decision is final in all matters, including:

  • the approval of the grant;
  • the grant funding amount to be awarded; and
  • the terms and conditions of the grant.

 

The Centre will advise applicants of the outcome of their application in writing. Successful applicants will be published on the GrantConnect website.

 

Independent merits review of decisions made in connection with the program are not considered appropriate because these decisions relate 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 paragraphs 4.11 to 4.19 of the ARCs guide).

 

The review and audit process undertaken by the ANAO provides a mechanism to review Australian Government 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 the making, varying or administering of arrangements to spend relevant money.

 

As part of the process to develop the program, the department consulted other government agencies such as the Department of the Prime Minister and Cabinet, Department of Finance, Austrade, Office for the Arts, Department of Employment and Workplace Relations, Department of Education and the Department of Industry, Science and Resources, as well as ASEAN on the implementation approach. The feedback received was generally supportive of the program and, where appropriate, feedback was incorporated into the design of the program. Consultation with relevant states, territories and whole-of-government bodies regarding the program priority areas will be ongoing until the conclusion of the initiatives.

 

Constitutional considerations

 

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.

 


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.

 

Spending for the program supports Southeast Asian literacy in Australia and business, education, cultural and community connections between Australia and ASEAN Member States. This will assist the department to develop, promote and strengthen understanding and engagement between Australia and Southeast Asia in support of Australia’s national interests.

 

Table item 748 – Centre for Australia-India Relations Maitri Program

 

New table item 748 establishes legislative authority for government spending on the Centre for Australia-India Relations Maitri Program (the Maitri Program).

 

On 23 May 2023, the Prime Minister announced the launch of the Centre for Australia-India Relations (the Centre) as a national platform to support greater understanding of the bilateral relationship with India and seize new opportunities for collaboration.

 

The Centre is a national platform with the long-term strategic aspiration of transforming economic engagement between Australia and India, underpinned by mutual understanding and deep people-to-people ties. The Centre is a branch within the department. It works across government, business, academia and community sectors.

 

The Centre’s work is focussed on four strategic pillars:

  • catalyst for business;
  • promoter of policy translation and public discourse;
  • platform for diaspora champions; and
  • facilitator for cultural connections.

 

The primary way the Centre delivers impact is through its annual Maitri (friendship in Sanskrit) program of grants. The Maitri Program comprises the Maitri Grants Program, Maitri Fellowships Program and Maitri Scholarships Program (collectively known as the Maitri Program). Since 2022-23, the Centre has delivered 71 Maitri grants totalling $15.5 million:

  • 2022-23: six Maitri Cultural Partnership grants ($0.5 million);
  • 2023-24: 14 Maitri Cultural Partnership grants ($1.4 million), five Maitri business research grants ($1.7 million), seven Maitri Fellowships grants ($1.0 million) and five Maitri Scholarships grants ($2.1 million); and
  • 2024-25: 18 Maitri cultural, business, diaspora and public discourse grants ($5.0 million), 13 Maitri Scholarships grants ($3.8 million) and three Maitri Fellowships grants ($0.6 million).

 

An extension and additional funding of the Maitri Program was announced by the Prime Minister at the launch of A New Roadmap for Australia’s Economic Engagement with India (the Roadmap) on 26 February 2025 (www.pm.gov.au/media/launch-roadmap-australias-economic-engagement-india). The funding extension is for $4.0 million over four years from 2025-26.

 

The Roadmap (available at: dfat.gov.au/sites/default/files/new-roadmap-australias-economic-engagement-india.pdf) sets out priorities for the next phase of Australia’s economic partnership with India. It demonstrates the Government’s commitment to deepening Australia’s economic ties, highlights significant achievements to date, and provides renewed focus and impetus for the next stage of government and industry economic engagement with Australia’s fifth largest trading partner.

 

Based on over 400 consultations, it identified four key sectors of significant untapped potential: clean energy; education and skills; agribusiness; and tourism. It also notes other ‘major economic roads’ of prospective economic growth, including investment, defence industries, technology, space, sports, culture and the arts, resources and mining equipment, technology and services (METS). It dedicates chapters to each Australian state and territory to help reflect and align whole-of-nation interests.

 

In 2025-26, the Centre will deliver two grant opportunities under the Maitri Program: the Maitri Grants Program and the Maitri Scholarships and Fellowships Grant Programs. 

 

Maitri Grants Program

 

$5.2 million is available for the Maitri Grants Program, which includes the Maitri Roadmap extension. The program’s overarching objectives are to:

  • support the implementation of the Roadmap; and
  • advance Indian-Australian, people-to-people, business-to-business, and cultural links. 

 

The program objectives in the grant opportunity guidelines will link this opportunity to the Roadmap. The objectives are to:

  • drive new areas of business engagement between Australia and India in sectors outlined in the Roadmap, including the four superhighways of growth and, to a lesser extent, the other major economic roads; and
  • deliver high impact cultural, and people-to-people projects, activities and exchanges.

 

The Centre expects to fund through this opportunity more than $3.0 million in grants to partners delivering against the Roadmap. Examples of grants in 2024-25 funded by the Centre that support the Roadmap are:

  • $0.4 million to Western Sydney University to convene an Australia-India agribusiness strategic policy dialogue; and
  • $0.3 million to AsiaLink business to support the Australia-India Tech Connections Initiative which demonstrates best practice for industry in cleantech and agtech.

 

Maitri Scholarships Program

 

The Maitri Scholarships Program will support high-performing Indian scholars to complete postgraduate Higher Degree by Research (HDR) – Doctor of Philosophy (PhD) studies in science, technology, engineering and mathematics (STEM)-related fields at universities across Australia that align to the following priorities outlined in the Roadmap: 

  • clean energy;
  • agribusiness;
  • technology and IT;
  • resources and METS; 
  • defence industries;
  • space; and
  • health.

 

Applications that facilitate the scholar’s participation with a Cooperative Research Centre (CRC) and/or a National Industry PhD program and/or initiative or industry related program with similar objectives during the grant activity may be considered favourably, as per the assessment criteria.

 

The Maitri Scholarships Program’s objectives are to: 

  • support the commercialisation of research cooperation between Australia and India for mutual benefit;
  • improve research knowledge at Australian education institutions in fields aligned to the Roadmap;
  • promote Australia’s high-quality education and bolster Australia’s reputation as a destination of choice for top Indian students; and
  • develop deep and long-lasting people-to-people and institutional links between Australia and India.

 

Up to $4.5 million is available for the Maitri Scholarships Program in 2025-26 for PhD degrees with grant funding amounts of between $0.2 million and $0.4 million.

 

Maitri Fellowships Program

 

The Maitri Fellowships Program will be a dedicated funding stream within the one Maitri Scholarships and Fellowships grant opportunity. These two programs have been combined into one opportunity for efficiency and to maximise impact.

 

The Maitri Fellowships Program will fund Australian organisations - preferably with experience in the Australia-India bilateral relationship - to engage a Fellow to work on geostrategic or geoeconomic policy issues, including business and culture.

 

Funding will be provided under the below streams:

  • Inward Fellowship up to 12 months for Indian Research Fellows, Senior Research Fellows, Associate Professors or Principal Research Fellows (experience equivalent to Levels B to D1) to come to Australia;
  • Outward Fellowship up to 12 months for Australian Research Fellows, Senior Research Fellows, Associate Professors or Principal Research Fellows (experience equivalent to Levels B to D2) to go to India; and
  • Two-way Fellowship up to two years for an Australian and Indian Fellow to collaborate in a Research exchange through their respective Australian and Indian organisations.

 

All Maitri Fellows will join a Fellowship community, managed by the Centre, to promote the program, manage media engagement and continue to develop knowledge of and professional links with Australia including the Indian diaspora community. 

 


The Maitri Fellowships Program’s objectives are to:

  • promote mature policy dialogue and public discourse on contemporary India by elevating research and policy discussion on Australia-India matters;
  • enhance Australia and India’s cooperation, networking and cultural connections through research academics and institutions; and
  • generate research collaboration and foster innovative thinking that can inform Government policy development.

 

Up to $0.6 million is available for the Maitri Fellowships Program in 2025-26.

 

Funding amount and arrangements, merits review and consultation

 

Funding of $4.0 million for the extension of the Maitri Program was included in the 2025-26 Budget under the measure ‘Boosting Australia’s Economic Ties with India’ for a period of four years commencing in 2025-26. Details are set out in Budget 2025-26, Budget Measures, Budget Paper No. 2 at page 43.

 

Funding for this item will come from Program 1.1: Foreign Affairs and Trade Operations, which is part of Outcome 1. Details are set out in the Portfolio Budget Statements 2025-26, Budget Related Paper No. 1.8, Foreign Affairs and Trade Portfolio at page 32.

 

Open, competitive grant opportunities were opened by the department in September 2025 for the Maitri Grants Program (ref: GO7904) and the Maitri Scholarships and Fellowships Grant Programs (ref: GO7905).

 

The grants will be administered in accordance with the Commonwealth resource management framework, including the PGPA Act, the PGPA Rule and the CGRPs. Consistent with the CGRPs, the department has developed grant opportunity guidelines and will have regard to the nine key principles in administering the grants. Grant opportunity guidelines and information about the grants are available on the GrantConnect website (www.grants.gov.au). The grants will be administered by the Centre with applications to be lodged via the SmartyGrants website. 

 

Applications will be reviewed against the eligibility criteria specified in the grant opportunity guidelines, available on the GrantConnect website. If eligible, they will then be assessed against the assessment criteria and against other applications by an internal assessment committee.

 

The internal assessment committee will assess each submission on its merits and compare it to other eligible applications, before recommending which grant applications should be awarded a grant. The assessment committee will be made up of Centre staff and/or other Commonwealth employees. Submissions will be considered on their merits, based on:

  • how well it meets the criteria;
  • how it compares to other applications;
  • whether it is in Australia’s national interests;
  • whether it ensures an appropriate geographic distribution;
  • whether it ensures an appropriate mix of sectors; and
  • whether it provides value with relevant money.

 

When assessing the extent to which the application represents value with relevant money, the Centre will have further regard to:

  • the overall objectives to be achieved in providing the grant;
  • the relative value of the grant sought;
  • extent to which the geographic location of the application matches identified priorities;
  • the extent to which the evidence in the application demonstrates that it will contribute to meeting the outcomes/objectives;
  • the extent to which the evidence in the application aligns to Australia’s national interest; and
  • how the grant activities will target groups or individuals and the size and quality of audience the activity will reach.

 

The assessment committee may also consider information about the applicant or their application which is available through the normal course of business. The assessment committee will recommend to the Chief Executive Officer (CEO) of the Centre which applications to approve for a grant.

 

The CEO of the Centre is the Program Delegate and will decide which grants to approve, taking into account the recommendations of the assessment committee and the availability of grant funds for the purposes of the grant program. The CEO will have the appropriate skills and experience and will make their decision in accordance with the PGPA Act and the FFSP Act.

 

The Program Delegate’s decision is final in all matters, including:

  • the approval of the grant;
  • the grant funding amount to be awarded; and
  • the terms and conditions of the grant.

 

Details of grants awarded will be published on GrantConnect and the Centre’s website.

 

Independent merits review of decisions made in connection with the grants are not considered appropriate because these decisions relate to the provision of a one-off grant to certain service providers, over other service providers. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.16 to 4.19 of the ARC guide).

 

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. Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.

 

The review and audit process undertaken by the ANAO also provides a mechanism to review Australian Government 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 the making, varying or administering of arrangements to spend relevant money.

 


The Centre was established as part of a range of government initiatives to support the announcement by the then Australian Prime Minister and Indian Prime Minister on 4 June 2020 to elevate the Australia-India relationship to a Comprehensive Strategic Partnership. As part of the process to develop the program, the department consulted other federal and state government agencies, business, community and cultural groups before creating the Centre. Consultation with relevant states, territories and whole-of-government bodies regarding priority areas for the Maitri Program will be ongoing until the conclusion of the initiatives.

 

In addition, recent consultations were integral to the creation of the Roadmap and decision to extend the Maitri Program. The department met over 400 stakeholders, both across the states and territories and in India, from a diverse range of industries including business, state and territory governments, and cultural organisations. It also received 72 public submissions. Engagement with subject matter experts from over 10 economic sectors led to the identification of the four priority sectors: clean energy, education and skills, agribusiness, and tourism, which will serve as the strategic framework for the Centre and its Maitri Program.

 

Feedback received during the Roadmap process was overwhelmingly positive regarding the establishment of the Centre and its Maitri Program. Feedback noted that the Centre was still in its infancy and that detailed evaluation of completed projects would occur in the coming years as they concluded. This was incorporated into the design of the Roadmap to ensure greater alignment to the newly announced Roadmap priorities.

 

Constitutional considerations

 

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 trade and commerce power (section 51(i));
  • the aliens power (section 51(xix));
  • the social welfare power (section 51(xxiiiA); and
  • the external affairs power (section 51(xxix)). 

 

Trade and commerce power

 

Section 51(i) of the Constitution empowers the Parliament to make laws with respect to ‘trade and commerce with other countries, and among the states’.

 

Spending for the Centre’s Maitri Program aims to increase economic engagement and facilitate cultural connections between Australia and India. This increased collaboration is intended to create greater opportunities for trade and investment between Australia and India.

 

Aliens power

 

Section 51(xix) of the Constitution empowers the Parliament to make laws with respect to ‘naturalization and aliens’.

 

Part of the spending under the Centre’s Maitri Program involves providing support through grants to high-performing Indian scholars and students to undertake certain postgraduate studies in Australia. This support will be provided in accordance with the guidelines of the programs. 

 

Social welfare power

 

The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare benefits, including benefits to students (but not as to authorise any form of civil conscription). 

 

Part of the spending under the Centre’s Maitri Program involves providing support through grants to high-performing Indian scholars and students to undertake certain postgraduate studies in Australia. These grants may provide a range of support, including a certain amount of support for living or other costs associated with their relocation and studies in Australia.

 

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 with respect to matters or things outside the geographical limits of Australia.

 

Spending for the Centre’s Maitri Program will aim to develop, promote and strengthen the relationship between Australia and India, through supporting economic, cultural and policy projects, and fostering collaboration and connections between Australian and Indian individuals, businesses, and institutions. In addition, activities supported by the program may provide funding for activities carried out in India, which would occur outside of the geographical limits of Australia.

 

Table item 749 – PacificAus Sports Grants Program

 

New table item 749 establishes legislative authority for government spending on the PacificAus Sports Grants Program (PacificAus Sports).

 

The Australia Pacific Sports Linkages Program (now known as PacificAus Sports) was announced by the Government on 8 November 2019 as part of a broad suite of initiatives to build on Australia’s strong partnerships in the Pacific.

 

PacificAus Sports fosters elite sporting pathways and linkages facilitating regular competition and engagement between Australian and Pacific teams, athletes and sports stakeholders. Current PacificAus Sports investments include partnerships in rugby union, rugby league, soccer, netball, cricket, and Australian rules Football (AFL). PacificAus Sports also supported Pacific athletes’ preparations towards the Tokyo 2020 and Paris 2024 Olympics and Paralympics, as well as the 2022 Commonwealth Games in Birmingham.

 

PacificAus Sports aims to develop pathways for Pacific teams and athletes to play in
high-level Australian sports competitions, to support Australian sports codes to increase their presence and participation in the Pacific, and to develop pathways for emerging athletes from the region to benefit from high-performance coaching, training and competition. This successful sports diplomacy program has provided a consistent platform for productive
high-level diplomatic engagement and building bilateral relationships.

 

Eligible grant activities under PacificAus Sports include participation in high-performance training and elite international competition environments, provision of specialised sports equipment, and sports science and technical support required to achieve peak performance. Grantees must demonstrate a commitment to equal support for male and female athletes.

 

Grants are targeted primarily to supporting the operational costs associated with Pacific teams’, athletes’ and other sports stakeholders’ access to opportunities in pursuit of the PacificAus Sports’ objectives and outcomes, and associated activities to amplify impact. Various requirements apply to funding, including that:

  • grant funding can only be used on eligible expenditure items as stipulated in the grant guidelines, including equipment, signage and uniforms and operational costs associated with teams’ and athletes’ participation in competitions;
  • grant recipients must incur the expenditure on grant activities between the start date and end date of the grant agreement;
  • grant activities be delivered in Australia and Pacific countries, unless otherwise approved by the department;
  • grant recipients submit specified reporting requirements, including progress reports and acquittals; and
  • the grant cannot be used for the purchase of land, major capital expenditure or covering retrospective costs.

 

Funding amount and arrangements, merits review and consultation

 

Funding of $15.6 million per year over the forward estimates from 2025-26 for this item will come from Program 1.6: Public Information Services and Public Diplomacy (Non-ODA Pacific Sports Program), which is part of Outcome 1. Details are set out in the Portfolio Budget Statements 2025-26, Budget Related Paper No. 1.8, Foreign Affairs and Trade Portfolio at page 34.

 

PacificAus Sports grants will be administered in accordance with the Commonwealth resource management framework, including the PGPA Act, the PGPA Rule and the CGRPs.

 

Consistent with the CGRPs, the department will develop grant opportunity guidelines for each grant opportunity under PacificAus Sports and will have regard to the nine key principles in administering the grants. The guidelines will be published on the GrantConnect website (www.grants.gov.au). The department will administer the grant funding.

 

For all grant opportunities, applications will be reviewed against the eligibility criteria and assessed against the assessment criteria, considering each application on its merits based on:

  • how well it meets the criteria; and
  • whether it provides value with relevant money.

 

When assessing the extent to which an application represents value with relevant money, the department will have regard to:

  • the overall objective/s to be achieved in providing the grant;
  • the relative value of the grant sought;
  • extent to which the geographic location of activities matches identified priorities;
  • the extent to which the evidence in the application demonstrates that it will contribute to meeting the outcomes/objectives;
  • how the grant activities will target groups or individuals;
  • the quality of proposed approaches to media and communications; and
  • the quality of proposed monitoring and evaluation arrangements.

 

An assessment committee will assess each application on its merits before recommending which grant applications should be awarded a grant. The assessment committee members will have appropriate experience in sport, government and the Pacific. The department may ask external experts to inform the assessment process. Any expert who is not a Commonwealth official will be required to perform their duties in accordance with the CGRPs.

 

The assessment committee may seek additional information about applications. They may do this from within the Commonwealth, even if the sources are not nominated by the applicant as referees. The assessment committee may also consider information about applicants that is available through the normal course of business. The assessment committee will recommend to the delegate which applications to approve for a grant.

 

A delegate of the Secretary of the department under the FFSP Act will be responsible for approving Commonwealth funding for PacificAus Sports. The delegate for program grant opportunities is the relevant, responsible Assistant Secretary (SES Band 1) or First Assistant Secretary (SES Band 2) (pending financial delegation) in the department’s Office of the Pacific. The delegate decides whether to approve the grant taking into account the recommendations of the assessment committee and the availability of grant funds for the purposes of the grant program. The delegate’s decision is final in all matters, including:

  • the approval of the grant;
  • the grant funding amount to be awarded; and
  • the terms and conditions of the grant.

 

There is no appeal mechanism for decisions to approve or not approve a grant. Successful grants will be listed on the GrantConnect website no later than 21 calendar days after the date of effect in accordance with the CGRPs. Unsuccessful applicants may ask for feedback within one month of being advised of the outcome. Written feedback will be provided within one month of the request.

 

Independent merits review of decisions made in connection with the grants are not considered appropriate because these decisions relate to the provision of a one-off grant to a certain organisation over other organisations. 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 paragraphs 4.16 to 4.19 of the ARC guide).

 

The review and audit process undertaken by the ANAO provides a mechanism to review Australian Government 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.

 


Since 2019, the program has fostered elite sporting pathways and linkages facilitating regular competition and engagement between Australian and Pacific teams, athletes and sports stakeholders. A 2022 Independent Review consulted with over 100 Australian and Pacific stakeholders and found that the program had seen significant success in winning hearts and minds in the Pacific through sport.

 

Consultations with the Australian Government’s Pacific diplomatic missions in 2023 prior to release of a PacificAus Sports grants round for partnerships in rugby union, rugby league, soccer, netball, cricket, AFL, and Olympic and Paralympic sports confirmed these sentiments, noting that sports partnerships were valued by Pacific stakeholders, including at the highest levels. Fijian Prime Minister Rabuka has publicly stated that Australia’s support “through the program, which I’m told is the most successful Australian-funded program in Fiji, will contribute to the development of people in ways we cannot imagine right now.”

 

Development of a new grant opportunity under PacificAus Sports, planned for release in 2025-26, was informed by extensive consultations conducted with Australian and Pacific stakeholders by the University of Queensland. Stakeholders included the Australian Olympic Committee, Commonwealth Games Australia, Paralympics Australia, the Oceania National Olympic Committees, Oceania Paralympic Committee and Pacific National Olympic and Paralympic Committees. Pacific sports federations, Australian sport governing bodies, and international organisations were also consulted.

 

Constitutional considerations

 

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 Pacific Islands power (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 and legislation with respect to matters concerning Australia’s relations with other nations.

 

PacificAus Sports aims to develop pathways for regular competition and engagement between Australian and Pacific teams, athletes and sports stakeholders, by supporting Pacific teams and athletes’ access to high-performance coaching, training and competition, including through supporting associated operational costs. PacificAus Sports also supports Pacific teams and athletes’ participation in international sporting events occurring outside of Australia.

 

Pacific Islands 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’. PacificAus Sports will aim to enhance people-to-people links between Australian and Pacific teams, athletes and sports stakeholders through developing pathways for Pacific teams and athletes to play in high-level Australian sports competitions.

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. 3) Regulations 2025

 

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 Principal 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 Principal 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 noncorporate 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. 3) Regulations 2025 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on certain activities administered by the Department of Foreign Affairs and Trade.

 

This disallowable legislative instrument makes the following amendments to Part 4 of Schedule 1AB:

  • amends table item 709 ‘Support for the Republic of Nauru’;
  • adds table item 747 ‘ASEAN-Australia Centre Grants Program’;
  • adds table item 748 ‘Centre for Australia-India Relations Maitri Program’; and
  • adds table item 749 ‘PacificAus Sports Grants Program’.

 

Amended table item 709 – Support for the Republic of Nauru

 

Table item 709 establishes legislative authority for the Government to provide financial assistance to the Republic of Nauru (Nauru) to support the Nauru development program.

 

The amendment to table item 709 broadens the financial assistance to Nauru beyond the support provided under the Nauru-Australia Treaty (the Treaty), to include non-Official Development Assistance (ODA) financing to maintain the Nauru development program.

 

Australia currently delivers $46.0 million to the Republic of Nauru through ODA alongside the Treaty, signed on 9 December 2024.
Nauru is due to graduate from the Organisation for Economic Co-operation and Development (OECD) Development Assistance Committee list of ODA Recipients on 1 January 2026. The Nauru development program supports Nauru’s priorities in health, education, climate resilient infrastructure, and economic governance, aligning with Nauru’s development priorities and the Sustainable Development Goals.

 

Human rights implications

 

Table item 709 does not engage any of the applicable human rights or freedoms.

 

Table item 709 is compatible with human rights as it does not raise any human rights issues.

 

Table item 747 – ASEAN-Australia Centre Grants Program

 

New table item 747 establishes legislative authority for government spending on the
ASEAN-Australia Centre Grants Program (the program).

 

The ASEAN-Australia Centre (the Centre) is a national platform designed to strengthen engagement with Southeast Asia through four key pillars: raising awareness, removing barriers, building capacity, and deepening investment. The Centre supports initiatives aimed at strengthening Southeast Asian literacy in Australia and business, education, cultural and community connections between Australia, ASEAN Members States and, where appropriate, Timor-Leste. 

 

The Centre provides grants each year through the program to develop, promote and strengthen understanding and engagement between Australia and Southeast Asia in support of Australia’s national interests. The objective of the program is to create connection between Australian and Southeast Asian cultural institutions and support initiatives which increase trade and investment through expansion of creative industry-focused exchange initiatives.

 

Funding of $7.6 million over four years from 2024-25 is provided for the program to support initiatives that align with the Centre’s mission and pillars.

 

Human rights implications

 

Table item 747 does not engage any of the applicable human rights or freedoms.

 

Table item 747 is compatible with human rights as it does not raise any human rights issues.

 

Table item 748 – Centre for Australia-India Relations Maitri Program

 

New table item 748 establishes legislative authority for government spending on the Centre for Australia-India Relations Maitri Program (the Maitri Program).

 

The Centre for Australia-India Relations (the Centre) is a national platform with long-term strategic aspiration of transforming economic engagement between Australia and India, underpinned by mutual understanding and deep people-to-people ties. The Centre works across government, business, academia and community sectors.

 


The primary way the Centre delivers impact is through its annual Maitri (friendship in Sanskrit) program of grants, comprising:

  • projects that benefit that relationship, including artistic, cultural, sporting, scientific, academic, business and media projects;
  • postgraduate scholarships for Indian students to study science, technology, engineering and mathematics at Australian universities; and
  • fellowships for Australian and Indian researchers to work on Australia-India geostrategic or geoeconomic policy issues.

 

Human rights implications

 

Table item 748 engages the following rights:

  • the right to equality and non-discrimination – Article 26 of the International Covenant on Civil and Political Rights (the ICCPR), read with Article 2, Article 3 of the International Covenant on Economic, Social and Cultural Rights (the ICESCR), read with Article 2 and Article 5 of the Convention on the Elimination of All Forms of Racial Discrimination (CERD), read with Article 2;
  • the right to education – Article 13 of the ICESCR; and
  • the right to enjoy and benefit from culture – Article 27 of the ICCPR and Article 15 of the ICESCR.

 

Article 2 of each of the ICCPR, ICESCR and CERD requires that States Parties undertake to take the necessary steps to realise the rights recognised, particularly through legislative measures.

 

Table item 748 establishes legislative authority for the Maitri Program of grants to be administered by the Centre.

 

Right to equality and non-discrimination

 

Article 26 of the ICCPR recognises the right to equality and non-discrimination on, among other grounds: race, sex, colour, language, national origin or ‘other status’. 

 

Article 3 of the ICESCR provides that States Parties to the ICESCR undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the ICESCR.

 

Article 5 of CERD provides that States Parties undertake to prohibit and eliminate racial discrimination in all its forms to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to the enjoyment of a number of rights. These include the right to freedom of expression, freedom of thought and conscience and the right to equal participation in cultural activities. 

 

Reflecting the Australian Government’s commitment to ensuring the abovementioned rights, the Centre and its Maitri Program seek to foster business, education, and cultural connections between India and Australia. In pursuit of promoting co-operation and exchange between Australia and India, consideration of gender equality and non-discrimination will be given within all activities funded or supported by the Centre.

 


Right to education

 

Article 13 of the ICESCR recognises the right of everyone to education.

 

The Centre’s Maitri Scholarships Program demonstrates the Australian Government’s commitment to the realisation of this right through deepening education links between Australia and India by supporting Indian students to study at Australian universities.

 

The Maitri Fellowships Program contributes to the realisation of the right to education by supporting leading policy researchers to undertake secondments with prominent Australian and Indian think tanks. This aims to build institutional links and academic capacity in both countries thereby promoting the right to education.

 

Right to enjoy and benefit from culture

 

Article 27 of the ICCPR provides that ethnic and religious monitories have the right to enjoy their own culture, practise their own religion, and to use their own language.

 

Article 15 of the ICESCR provides that States Parties recognise the right of everyone to take part in cultural life.

 

Facilitating cultural connections is one of the Centre’s four key pillars. The Maitri Program seeks to enhance people-to-people links through supporting cultural immersion programs, promotion of First Nations arts and culture in India through exhibitions, and collaborative projects with Indigenous communities in India. These activities aim to deepen cultural connections and mutual understanding between Australia and India.

 

Table item 748 is compatible with human rights because it promotes the protection of human rights. To the extent that human rights may be limited, those limitations are reasonable, necessary and proportionate.

 

Table item 749 – PacificAus Sports Grants Program

 

New table item 749 establishes legislative authority for government spending on the PacificAus Sports Grants Program (PacificAus Sports).

 

PacificAus Sports fosters elite sports pathways and linkages between Australia and the Pacific with the intent of deepening Australia’s connection with the region through sport. PacificAus Sports facilitates regular competition and engagement between Australian and Pacific teams, athletes and sports stakeholders creating regular linkages between a range of Pacific regions and sports. PacificAus Sports supports netball, rugby league, rugby union, soccer, Australian Rules Football (AFL) and cricket, as well as Olympic, Paralympic and Commonwealth sports, across Pacific Island countries, including Papua New Guinea, Fiji, Solomon Islands, Vanuatu, Samoa, Tonga, and Nauru.

 


Funding of $15.6 million per year from 2025-26, will be provided through grants to Australian national sporting organisations to strengthen people-to-people links between Australia and the Pacific through sports. Funding will be provided to cover participation in high-performance training and elite international competition environments, provision of specialised sports equipment, and sports science and technical support required to achieve peak performance.

 

Human rights implications

 

Table item 749 does not engage any of the applicable human rights or freedoms.

 

Table item 749 is compatible with human rights as it does not raise any human rights issues.

 

Conclusion

 

This disallowable legislative instrument is compatible with human rights as it promotes the protection of human rights.

 

 

 

 

Senator the Hon Katy Gallagher

Minister for Finance

 

 

Interactions

Authorises

All Versions

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.