EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Finance
Financial Framework (Supplementary Powers) Act 1997
Financial Framework (Supplementary Powers) Amendment
(Health Measures No. 4) Regulations 2017
The Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) confers on the Commonwealth, in certain circumstances, powers to make arrangements under which money can be spent; or to make grants of financial assistance; and to form, or otherwise be involved in, companies. The arrangements, grants, programs and companies (or classes of arrangements or grants in relation to which the powers are conferred) are specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the Principal Regulations). The FF(SP) Act applies to Ministers and the accountable authorities of non‑corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013.
Section 65 of the FF(SP) Act provides that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to that Act.
Section 32B of the FF(SP) Act authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Principal Regulations. Section 32B also authorises the Commonwealth to make, vary and administer arrangements for the purposes of programs specified in the Principal Regulations. Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs.
The Regulations amend Schedule 1AB to the Principal Regulations to establish legislative authority for the Government to provide funding to Rugby League World Cup 2017 Limited to support the planning and delivery of the Women’s Rugby League World Cup 2017. The Department of Health has responsibility for this initiative.
Grant funding of $500,000 in 2016-17 will be used to support the activities associated with the planning, preparing, staging and building the legacy of the Women’s Rugby League World Cup 2017.
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 Health.
A regulation impact statement is not required as the Regulations only apply to non‑corporate Commonwealth entities and do not adversely affect the private sector.
Details of the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 4) Regulations 2017
Section 1 – Name
This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 4) Regulations 2017.
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
Item 1 – In the appropriate position in Part 3 of Schedule 1AB (table)
This item adds a new table item to Part 3 of Schedule 1AB to establish legislative authority for government spending on an initiative that will be administered by the Department of Health.
New table item 21 establishes legislative authority for the Government to provide funding to Rugby League World Cup 2017 Limited (RLWC 2017) to support the planning and delivery of the Women’s Rugby League World Cup 2017.
RLWC 2017 is an Australian company that has been established to deliver the Rugby League World Cup 2017, both men’s and women’s tournaments.
The Women’s Rugby League World Cup is Rugby League’s premier international competition for women. The 5th Women’s Rugby League World Cup will be held in Australia between 16 November and 2 December 2017 and feature six international teams: Australia, New Zealand, Papua New Guinea, England, Canada and either Fiji or Samoa.
The Government is committed to ensuring the success of future major sporting events in Australia through the provision of appropriate support, in partnership with state governments, local governments, national sporting organisations, international sporting organisations, and event organising committees.
The objectives of funding the Women’s Rugby League World Cup 2017 include:
- planning, preparing and delivering a world-class tournament and ancillary events;
- enhancing Australia’s reputation as the pre-eminent nation for the hosting and delivery of high-quality major events, and a leading destination for sport, tourism, business and investment; and
- building a legacy from the tournament that brings lasting benefits to the women’s rugby league, the community and the major sporting events sector.
Grant funding of $500,000 will be provided for activities associated with the planning, preparing, staging and building the legacy of the Women’s Rugby League World Cup 2017. This will ensure that the planning and preparation for this nationally significant event can continue. The funding contribution will also allow the women’s tournament to be a standalone event comparable to the standard of the men’s tournament.
RLWC 2017 will also use the funding to develop guidance material for teams and officials arriving to and departing from Australia; enhance broadcasting of the tournament nationally; provide facilities, such as accommodation and training sites, for teams and officials; and ensure safe and secure venues for participants and attendees at pool matches, semi-finals and final of the tournament.
Recognition of the Government’s support for the tournament will be promoted through electronic means, such as social media and web presence.
Funding of $500,000 will be made available in 2016-17.
On 5 May 2017, the Minister for Sport, the Hon Greg Hunt MP, announced funding to support the Women’s Rugby League World Cup 2017.
The Department of Health will use a closed, non-competitive process to award the grant in accordance with applicable legislative requirements under the Public Governance, Performance and Accountability Act 2013 and the Commonwealth Grants Rules and Guidelines.
The proposal from RLWC 2017 will be assessed against the eligibility and assessment criteria in the grant guidelines, which will outline the objectives and outcomes of the government funding and the deliverables.
Following assessment of the proposal on its merit, the delegate of the Secretary of the Department of Health will make the final decision to approve funding. The Secretary’s delegate will consider whether the proposal represents an efficient, effective, ethical and economical use of Commonwealth resources, and whether any specific requirements need to be imposed as a condition of funding.
The decision of the Secretary’s delegate 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 grant guidelines, assessment criteria and information about the grant decision will be available at www.health.gov.au/internet/main/publishing.nsf/Content/pfps-grantsreporting.
The decision to provide a grant is not considered suitable for independent merits review because the funding is targeted, non-competitive and for a specific purpose. RLWC 2017 will be funded under a direct funding arrangement as the only body capable of providing the relevant service to meet the Government’s requirements.
To reconsider this decision under merits review would substantially delay implementation of the activity in a market environment where there are no alternative providers with a capacity to provide appropriate services.
Funding for this item will come from Program 3.1: Sport and Recreation, which is part of Outcome 3. Details will be set out in the Portfolio Additional Estimates Statements 2017-18, Health Portfolio.
Noting that it is not a comprehensive statement of relevant constitutional considerations, the purpose of the item references the following powers of the Constitution:
- the Commonwealth executive power and the express incidental power (sections 61 and 51(xxxix)); and
- the communications power (section 51(v)).
With respect to the Commonwealth executive power and the express incidental power, funding will be provided for the nation as a whole to host an international sporting event, with events in different States. The Women’s Rugby League World Cup 2017 will have nationwide economic ramifications. It will also enhance the overall reputation of Australia as a hosting nation and a leading destination for sport, tourism, business and investment.
With respect to the communications power, funding will be provided to promote recognition of the Commonwealth’s contribution to the tournament through internet-based electronic communications, such as social media and web presence.
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 (Health Measures No. 4) Regulations 2017
These Regulations are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
Section 32B of the Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FF(SP) Regulations) and to make, vary and administer arrangements and grants for the purposes of programs specified in the Regulations. Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programs. The FF(SP) Act applies to Ministers and the accountable authorities of non‑corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013.
The Regulations amend Schedule 1AB to the FF(SP) Regulations to establish legislative authority for the Government to provide funding to Rugby League World Cup 2017 Limited to support the planning and delivery of the Women’s Rugby League World Cup 2017. The Department of Health has responsibility for this initiative.
Grant funding of $500,000 in 2016-17 will be used to support the activities associated with the planning, preparing, staging and building the legacy of the Women’s Rugby League World Cup 2017.
The Minister for Sport has responsibility for this initiative.
Human rights implications
The Regulations do not engage any of the applicable rights or freedoms.
Conclusion
These Regulations are compatible with human rights as they do not raise any human rights issues.
Senator the Hon Mathias Cormann
Minister for Finance