EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Finance
Financial Framework (Supplementary Powers) Act 1997
Financial Framework (Supplementary Powers) Amendment
(Home Affairs Measures No. 3) Regulations 2026
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 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 (Home Affairs Measures No. 3) Regulations 2026 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for the Government to provide a grant to the Executive Council of Australian Jewry (ECAJ) to deliver the Strengthening Community Safety: Enhancing Security for Jewish Communities program (the program). The grant to ECAJ is administered by the Department of Home Affairs.
The program aims to enhance the safety and security of Australia’s Jewish community in response to the increased antisemitic rhetoric and violence, culminating in the attack at Bondi Beach on 14 December 2025.
Funding of $102.0 million over four years from 2025-26 may be used toward the enhancement of security and safety at identified Jewish sites and community events. Activities may include, but are not limited to, the engagement of security guards, installation and upgrade of security infrastructure (such as closed-circuit television, gates, fencing and lights), provision of security and crisis management training, development of risk and threat assessments, and support the operation of the Community Security Groups (CSGs) who provide overall security coverage for Australia’s Jewish community.
ECAJ, in collaboration with the National Council for Jewish Community Security and the state-based CSGs, will support the coordination and provision of security and safety enhancements for Australia’s Jewish community.
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 Home Affairs.
Attachment A
Details of the Financial Framework (Supplementary Powers) Amendment
(Home Affairs Measures No. 3) Regulations 2026
Section 1 – Name
This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 3) Regulations 2026.
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 item in Schedule 1 amends Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on an activity administered by the Department of Home Affairs (the department).
Item 1 – In the appropriate position in Part 3 of Schedule 1AB (table)
This item adds one new table item to Part 3 of Schedule 1AB.
Table item 112 – Grant to the Executive Council of Australian Jewry
New table item 112 establishes legislative authority for the Government to provide a grant to the Executive Council of Australia Jewry (ECAJ) to deliver the Strengthening Community Safety: Enhancing Security for Jewish Communities program (the program).
Due to escalating antisemitic rhetoric and incidents of violence, notably following the attack at Bondi Beach on 14 December 2025, the Australian Jewish community is experiencing significantly increased costs to meet its security requirements.
In December 2025, the Australian Government responded with a commitment of $102.0 million for the program to improve the safety of Australia’s Jewish community by providing physical security and safety at identified Jewish sites and community events nationally. Activities may include, but are not limited to, the engagement of security guards, installation and upgrade of security infrastructure (such as closed-circuit television, gates, fencing and lights), provision of security and crisis management training, development of risk and threat assessments. Funding is also provided to support the operational costs of state-based Community Security Groups (CSGs) who provide overall security coverage for Australia’s Jewish community.
The Government will provide a one-off ad hoc grant to ECAJ to administer these costs under the program. The ECAJ is the peak representative organisation for the Australian Jewish community, encompassing more than 200 member organisations nationwide. It undertakes national advocacy on behalf of the community and works closely with the National Council of Jewish Community Security (NCJCS) and the CSGs to strengthen and support the security of Jewish communities across Australia. The ECAJ has a demonstrated track record of effectively managing and delivering Commonwealth funding, including through its leadership role within the program.
As the administrator of the program, the ECAJ will work with the NCJCS and state-based CSGs to identify and allocate funding on a priority basis across the Australian Jewish community. Funding will be awarded by the allocations committee (made up of representatives of the Australian Jewish community and led by the ECAJ) to ensure funding is provided where it is needed. The ECAJ will report to the Commonwealth on funding allocated on a regular basis and will be required to provide reasoning for the allocation of funds through regular progress reporting.
At the conclusion of the program, an evaluation of its effectiveness in implementing additional safety measures for the Australian Jewish community will be undertaken to inform future programs of a similar nature.
Funding amount and arrangements, merits review and consultation
Funding of $102.0 million over four years from 2025-26 for the program will be included in the 2026-27 Budget and the Portfolio Additional Estimates Statements for the Home Affairs Portfolio. Funding will come from Program 1.2: National Security and Resilience, which is part of Outcome 1.
The grant to ECAJ will be administered in accordance with the Commonwealth resource management framework, including the Public Governance, Performance and Accountability Act 2013, the Public Governance, Performance and Accountability Rule 2014 and the Commonwealth Grants Rules and Principles 2024 (CGRPs).
Consistent with the CGRPs, the department will develop grant opportunity guidelines and will have regard to the nine key principles in administering the grant. Grant opportunity guidelines and information about the grant will be made available on the GrantConnect website (www.grants.gov.au), and the grant will be administered by the department.
The Minister for Home Affairs will be responsible for approving Commonwealth funding provided to the ECAJ for the program, while departmental officers will administer the program including making payments in accordance with achieved milestones.
Independent merits review of decisions made in connection with the grant are not considered appropriate because these decisions relate to the provision of one-off ad hoc grant to a certain service provider, over other service providers for a specific purpose. In addition, any funding that has already been allocated would be affected if the original decision was overturned. The Administrative Review Council 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 guide, What decisions should be subject to merit review?).
The ECAJ was determined to be an appropriate recipient as it is the recognised peak body for the Jewish community in Australia and is in a unique position to coordinate the delivery of security-related services to the Jewish community nationally in an agile and responsive way, according to localised threat assessments and need. The ECAJ has an existing role in coordinating community safety services nationally to the Jewish community, and has valuable relationships with Australia’s law enforcement and intelligence agencies.
The review and audit process undertaken by the Australian National Audit Office 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.
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 ECAJ has been consulted in relation to the program. During consultation with the ECAJ, concerns around the safety of Australia’s Jewish community were articulated. This includes specific concerns, including, but not limited to, the need to improve the overall physical security of locations and events and the need to support ongoing community safety. These issues were taken into consideration during the design of the grant program.
The program has been designed to ensure it meets the needs of the Jewish communities in a local context. In addition to feedback directly received from the ECAJ, the department has considered correspondence received from a range of Jewish schools, synagogues and community organisations that have sought funding for additional security infrastructure works (such as cameras, lights, fences, windows and guarding services), to inform the types of eligible activities within the grant design.
Consultation has also occurred with relevant areas across government (including with the Departments of the Prime Minister and Cabinet and Finance), to ensure alignment with other activities being developed in response to the antisemitic terrorist attack at Bondi Beach on 14 December 2025. Feedback, including scope of activities and eligible locations, has been incorporated as required.
Constitutional considerations
Noting that it is not a comprehensive statement of relevant constitutional considerations, the purpose 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 implementing Australia’s international obligations under treaties to which it is a party.
International Convention on the Elimination of all Forms of Racial Discrimination (ICERD)
Articles 2(1)(d), 2(2), and 5(b) of the ICERD [1975] ATS 40 require Australia, as a party to the convention, to take measures to protect individuals against racial discrimination, hatred, and violence.
The program will support measures to protect the Australian Jewish Community from antisemitic behaviour, including violent attacks, and to promote and give effect to their right to freedom of religion and their right to practice their religion and enjoy their culture.
International Covenant on Civil and Political Rights [1980] ATS 23 (ICCPR)
Article 2(2) of the ICCPR [1980] ATS 23 requires Australia, as a party to the convention, to take the necessary steps to give effect to the rights recognised in the ICCPR. These include the right to freedom of thought, conscience and religion (Art 18), and the right of ethnic or religious minorities to enjoy their culture and practice their religion (Art 27).
The program will support measures to protect the Australian Jewish Community from antisemitic behaviour, including violent attacks, and to promote and give effect to their right to freedom of religion and their right to practice their religion and enjoy their culture.
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 (Home Affairs Measures No. 3) Regulations 2026
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 non‑corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013.
The Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 3) Regulations 2026 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for the Government to provide a grant to the Executive Council of Australian Jewry (ECAJ) to deliver the Strengthening Community Safety: Enhancing Security for Jewish Communities program (the program). The grant to ECAJ is administered by the Department of Home Affairs.
The program aims to enhance the safety and security of Australia’s Jewish community in response to the increased antisemitic rhetoric and violence, culminating in the attack at Bondi Beach on 14 December 2025.
Funding of $102.0 million over four years from 2025-26 may be used toward the enhancement of security and safety at identified Jewish sites and community events. Activities may include, but are not limited to, the engagement of security guards, installation and upgrade of security infrastructure (such as closed-circuit television, gates, fencing and lights), provision of security and crisis management training, development of risk and threat assessments, and support the operation of the Community Security Groups (CSGs) who provide overall security coverage for Australia’s Jewish community.
ECAJ, in collaboration with the National Council for Jewish Community Security and the state-based CSGs, will support the coordination and provision of security and safety enhancements for Australia’s Jewish community.
Human rights implications
This disallowable legislative instrument engages the following rights:
- the rights to life and to safety and security of a person – Articles 6 and 9 of the International Covenant on Civil and Political Rights (ICCPR), read with Article 2;
- the rights relating to protection of religious and ethnic minorities – Articles 18 and 27 of the ICCPR; and
- the right for individuals to be protected against racial discrimination and violence – Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), read with Article 2.
Rights to life and to safety and security of a person
Articles 2(1) and 2(2) of the ICCPR states that: ‘Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present 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’. ‘Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant’.
Article 6(1) of the ICCPR states that every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. Article 9(1) of the ICCPR states that everyone has the right to liberty and security of person.
The funding under the program supports the rights to security and life by funding a range of activities that enhance the safety and security of Australia’s Jewish community. The activities proposed under the program intend to improve the feeling of safety and security, while mitigating the risks posed by racially motivated violence, particularly in light of the attack at Bondi Beach on 14 December 2025.
Rights relating to protection of religious and ethnic minorities
Article 18(1) of the ICCPR states that everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
Article 27 of the ICCPR states that in those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
This funding will support the use of security guards and infrastructure at Jewish sites and events in Australia, ensuring the right of the Jewish community in Australia to practice their religion and culture. These measures are a direct response to increased threats and incidents of antisemitism in Australia and are designed to ensure that Jewish Australians can safely and freely practise their religion and participate in cultural life without fear of discrimination or violence, thereby broadly supporting the rights in Articles 18(1) and 27.
Right for individuals to be protected against racial discrimination and violence
Article 2(1)(d) of the ICERD states that ‘Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization’.
Article 5(b) of the ICERD states that in compliance with the fundamental obligations laid down in Article 2 of this Convention, States Parties guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
(b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution.
The funding to the ECAJ for the purposes of increasing security personnel and infrastructure supports the above rights by increasing protection of Australia’s Jewish community and allows them to practice their religion free from fear, hatred, discrimination and violence.
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