Financial Framework (Supplementary Powers) Amendment (Prime Minister and Cabinet’s Portfolio Measures No. 1) Regulations 2026

EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Finance

Financial Framework (Supplementary Powers) Act 1997

Financial Framework (Supplementary Powers) Amendment

(Prime Minister and Cabinet’s Portfolio Measures No. 1) 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 (Prime Minister and Cabinet’s Portfolio Measures No. 1) Regulations 2026 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on certain activities to be administered by the National Indigenous Australians Agency, part of the Prime Minister and Cabinet portfolio.

Funding will be provided for the following initiatives:

the Prescribed Bodies Corporate (PBC) Strategic Projects program to support PBCs and other eligible organisations to realise the strategic and economic opportunities and other benefits arising from or in connection with native title determinations or native title settlement agreements ($30.0 million over three years from 2026-27); and

the Indigenous Broadcasting and Media Program to support the First Nations broadcasting and media sector by funding First Nations community broadcasters, sector peak bodies and sector strengthening projects ($12.0 million over three years 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 National Indigenous Australians Agency.

Attachment A

Details of the Financial Framework (Supplementary Powers) Amendment

(Prime Minister and Cabinet’s Portfolio Measures No. 1) Regulations 2026

Section 1 – Name

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Prime Minister and Cabinet’s Portfolio Measures No. 1) 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 certain activities to be administered by the National Indigenous Australians Agency (NIAA), part of the Prime Minister and Cabinet portfolio.

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

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

The terms ‘Aboriginal and Torres Strait Islander’ and ‘First Nations’ are used interchangeably throughout this attachment, and no distinction is intended.

Table item 797 – Prescribed Bodies Corporate Strategic Projects

New table item 797 establishes legislative authority for government spending on the Prescribed Bodies Corporate (PBCs) Strategic Projects program (the Strategic Projects program).

PBCs are the corporations nominated to hold or manage native title rights and interests on behalf of native title holders. PBCs have certain roles and responsibilities under the Native Title Act 1993, Native Title (Prescribed Bodies Corporate) Regulations 1999 (PBC Regulations), Corporations (Aboriginal and Torres Strait Islander) Act 2006, as well as other Commonwealth, state and territory legislation. PBCs are required to consult with and obtain the consent of Traditional Owners regarding decisions that affect native title rights and interests. In addition to these legal obligations, PBCs often represent and respond to the broader social, cultural and economic aspirations of native title holders. PBCs may run business activities or deliver services to meet the needs of native title holders and the communities they represent.

The Australian Government recognises the essential role PBCs play in supporting native title holders to take advantage of social, cultural and economic opportunities arising from their native title rights and interests. As at March 2026, there were 293 PBCs across Australia, with the majority located in Queensland (126) and Western Australia (89), followed by the Northern Territory (38). There are also 133 active native title applications nationally, indicating the number of PBCs could grow significantly.

Since 2015, the Government has invested in the PBC Capacity Building Program (Capacity Building Program) to assist PBCs and other eligible organisations build organisational capability and pursue economic opportunities, supporting over 140 activities totalling approximately $100.0 million. Activities supported by the Capacity Building Program included developing strategic and business plans, as well as establishing new enterprises in areas such as land management and tourism. Historically, the examples of activities supported through the former Capacity Building Program include:

Nguddaboolgan Native Title Aboriginal Corporation RNTBC (NNTAC)

Strengthened NNTAC’s ability to manage native title land and pursue long‑term social, cultural and economic outcomes. Delivered in partnership with the North Queensland Land Council and the Indigenous Land and Sea Corporation, the project focused on returning Kondaparinga Station (a 148,000‑hectare property of significant cultural, environmental and economic value) to Djungan native title holders ownership and governance (through their PBC).

Through the Capacity Building Program, NNTAC built its governance, financial management and business planning capability to effectively manage the station and prepare for future commercial opportunities. These outcomes directly benefited the Djungan People by supporting economic pathways such as tourism, agriculture and renewable energy, while also strengthening cultural connection to Country, protecting cultural sites, and enabling more effective engagement with government and industry partners. The NNATC project laid the foundations for long‑term self‑determination and improved community outcomes through increased organisational capacity and readiness for asset divestment.

Gangalidda and Garawa Native Title Aboriginal Corporation (GGNTAC)

Support was provided to GGNTAC, in partnership with the Carpentaria Land Council Aboriginal Corporation, to strengthen organisational capacity and grow Indigenous‑led economic development in the Lower Gulf region of Queensland. Through a strategic capacity‑building partnership, the focus was on building GGNTAC’s internal systems, staffing, governance and planning capability, while directly supporting its wholly owned tourism enterprise, Yagurli Tours, to expand and diversify its operations.

The GGNTAC project also supported the acquisition and operation of Australia’s first 100 per cent Indigenous‑owned hot air balloon in partnership with Balloon Aloft, created ongoing and casual employment for Gangalidda and Garawa people, and demonstrated GGNTAC’s growing maturity and commercial capability despite significant challenges such as severe flooding in Burketown.

Tjamu Tjamu (Aboriginal Corporation) RNTBC (Tjamu Tjamu)

Supported Tjamu Tjamu to lead, govern and make decisions about approximately 42,900 square kilometres of country. The Tjamu Tjamu project acted as a catalyst for employment, improved governance, and greater social and economic benefits from native title. It also delivered governance training, strategic and business planning, one‑on‑one capability development, and improved consultation and consent processes, enabling the PBC to engage more effectively with external stakeholders, including exploration and industry partners.

Outcomes included a clearer organisational direction, enhanced decision‑making and agreement‑making capacity, and early economic opportunities such as a pilot for a self‑drive tourism initiative and the development of social enterprises in environmental services and civil contracting. These outcomes directly benefited the native title holders by building long‑term organisational strength, supporting cultural authority over land, and creating pathways to sustainable economic participation.

The new PBC Strategic Projects program will build on the success of the Capacity Building Program by continuing to support these and similar activities. It will also support projects that enable long‑term economic development, including partnerships and joint ventures with industry, such as clean energy and related industries, for the benefit of PBCs, native title holders and the communities they represent.

The Strategic Projects program aims to support PBCs and other eligible organisations to realise strategic, economic and broader benefits arising from, or in connection with, native title determinations and settlement agreements. It also aims to support effective native title agreement-making and facilitate partnerships between PBCs, governments and industry. The Strategic Projects program will support entities such as:

PBCs within the meaning of regulation 3 of the PBC Regulations;

traditional owner group entities within the meaning of section 3 of the Traditional Owner Settlement Act 2010 (Vic); and

corporations established for the purpose of representing traditional owners under negotiated native title settlement agreements.

The intended outcomes of the Strategic Projects program are that PBCs and other eligible organisations:

have capacity to maximise the social, cultural and economic aspirations of their native title-holding group; and
promote greater efficiency in land use decision-making.

Under the former Capacity Building Program, the NIAA worked closely with grant recipients, including through engagement with NIAA regional offices to support project delivery. Supports were also provided by the NIAA through funding agreements with grant recipients to assist lower capacity organisations through agreed project plans and budgets, limits and reporting around third-party contracting and other expenditure, and transition plans for staffed positions. Under the new Strategic Projects program, the NIAA will continue to provide this support and will also develop a monitoring and evaluation plan to measure outcomes and success.

Funding amount and arrangements, merits review and consultation

Funding of $75.0 million for PBCs was included in the 2025-26 Mid-Year Economic and Fiscal Outlook under the measure ‘Closing the Gap – further investments’ for a period of three years from 2026-27. Details are set out in the Mid-Year Economic and Fiscal Outlook 2025-26, Appendix A: Policy decisions taken since 2025 PEFO at pages 211-213.

Funding of up to $30.0 million for this item will come from Program 1.1: Jobs, Lands and the Economy, which is part of Outcome 1. Details are set out in the Portfolio Additional Estimates Statements 2025-26, Prime Minister and Cabinet Portfolio (National Indigenous Australians Agency) at pages 75, 76 and 88.

Funding will be provided to eligible organisations through an open, non-competitive grant process. The grants will be administered 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), and the Commonwealth Grants Rules and Principles 2024 (CGRPs).

Consistent with the CGRPs, the NIAA 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 grants will be made available on the GrantConnect website (www.grants.gov.au), and the grants will be administered by the NIAA.

A delegate of the NIAA’s Chief Executive Officer under the Financial Framework (Supplementary Powers) Act 1997 (FFSP Act) will be responsible for approving Commonwealth funding provided to eligible organisations under the program. The delegate will be at the Senior Executive Service (SES) Band 1 level or above and have appropriate experience and knowledge to exercise this function.

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 service provider, over other service providers. In addition, the benefits of the grants are not directed towards the circumstances of particular persons, but rather apply generally to the community, and is therefore considered to be unsuitable for review. The program, by its nature, is unlikely to affect the interests of a sole individual and 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 4.16 to 4.19 of the guide, What decisions should be subject to merit review? (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.

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.

In 2022, the NIAA and the National Native Title Council (NNTC) established a PBC Steering Group (the Steering Group) consisting of approximately 26 members from PBCs of various sizes, maturity and geographic locations to ensure PBCs have greater influence on native title policy. The establishment of the Steering Group was part of the Government’s response to Recommendations 7 and 8 of the Senate Joint Standing Committee on Northern Australia’s ‘Final report into the destruction of Indigenous heritage sites at Juukan Gorge: A Way Forward’ (dated October 2021). As part of its response, the Government also provided in-principle support for considering options for PBC funding reform, transparency and accountability.

The Government has worked in partnership with the Steering Group and the NNTC since October 2022 to explore PBC funding reform options including the design and development of the program. The Steering Group and NNTC were directly involved in the consideration and development of advice on revised PBC funding arrangements and separately consulted with the Government outlining its priorities which included support for PBC strategic grant funding. The Steering Group last met on 22 October 2025.

The NNTC and NIAA also consulted with the First Nations Economic Partnership (FNEP), an agreement with the First Nations Economic Empowerment Alliance, Coalition of Aboriginal and Torres Strait Islander Community‑Controlled Peak Organisations, and the Australian Government, on PBC funding at its 8 December 2025 meeting. No specific issues were raised regarding the delivery of the program and the FNEP noted the efforts to date (including of the NNTC and Steering Group) and committed to continue to work with the Government and the Steering Group to consider any future reforms.

The NIAA also engages regularly with PBCs on funding and support available to native title holders, which includes direct engagement between NIAA regional office staff and PBCs, and through broader engagement opportunities like PBC forums which are delivered by the NNTC with Australian Government support. PBC forums provide a platform for PBCs to network, discuss common issues, and hear about the progress of the work of the Australian Government. This includes in relation to funding opportunities provided under the former Capacity Building Program and that will be provided under the new Strategic Projects program of PBC funding support. In addition, the NIAA builds into all funding agreements regular check-ins with grantees including through site visits to provide support through direct engagement with NIAA’s regional network. This ongoing consultation and engagement will continue throughout the life of all grant agreements.

Constitutional considerations

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the race power (section 51(xxvi)) of the Constitution.

Race power

Section 51(xxvi) of the Constitution empowers the Parliament to make laws with respect to ‘the people of any race for whom it is deemed necessary to make special laws’.

The program funding will support entities that manage strategic, economic or other opportunities and interests arising from or in connection with native title determinations or native title settlement agreements, which are rights and interests belonging to Aboriginal and Torres Strait Islander peoples.

Table item 798 – Indigenous Broadcasting and Media Program

New table item 798 establishes legislative authority for government spending on the Indigenous Broadcasting and Media Program (the program) to support the First Nations broadcasting and media sector by funding First Nations community broadcasters, sector peak bodies and sector strengthening projects.

The Australian Government recognises the Indigenous broadcasting and media sector as a vital community resource for Aboriginal and Torres Strait Islander people across Australia. The sector promotes connection to culture and language through the production of local stories, news and information. Since 2019, the NIAA has provided support to the First Nations broadcasting and media sector through the program. The program currently supports 48 organisations to deliver Indigenous broadcasting and media services through the Indigenous Advancement Strategy, the Government’s main funding and delivery mechanism for a range of First Nations programs. The grant agreements with the 48 organisations currently funded under the program include performance monitoring and assessment processes to measure successful delivery of grant outcomes. Through these processes, these organisations have demonstrated funding outcomes have been successfully met.

On 16 December 2024, the Government announced an additional investment of $12.0 million for the program as part of a broader $153.5 million News Media Assistance Program to support news and journalism in Australia (https://minister.infrastructure.gov.au/rowland/
media-release/charting-course-diverse-and-sustainable-news-sector).

The objectives of the program are to:

support First Nations communities to have control of their own media, facilitating access to information and services and enabling participation in informed decision making regarding their own lives;
support local employment opportunities;
enhance digital inclusion; and
enable people to engage with and express local knowledge, cultures and languages via the production of local stories, news and information.

The additional investment for the program, supported by table item 798 aims to support operations, education and training, equipment and infrastructure improvements, and related needs to modernise and stabilise operations of First Nations community broadcasting services, including:

purchase and installation of production, transmission and administration equipment;

minor repairs and maintenance to broadcasting-related equipment and/or infrastructure;

training and education such as for news and journalism, technical skills development, business administration and financial management; and

organisational capacity and capability building such as updating policies and procedures, implementing or upgrading financial management systems, strategic business planning and website upgrades.

The program contributes directly to the outcomes of the National Agreement on Closing the Gap (www.closingthegap.gov.au/national-agreement), including Priority 16 (Aboriginal and Torres Strait Islander cultures and languages are strong, supported and flourishing) and Priority 17 (Aboriginal and Torres Strait Islander people have access to information and services enabling participation in informed decision-making regarding their own lives).

The additional funding for the program considers priorities identified in the 2025 Community Broadcasting Sector Sustainability Review: Findings Report (www.infrastructure.gov.au/
department/media/publications/community-broadcasting-sector-sustainability-review-findings-report), conducted by the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (DITRDCSA), to support First Nations broadcasting.

Funding amount and arrangements, merits review and consultation

Funding of $12.0 million for the program was included in the 2024-25 Mid-Year Economic and Fiscal Outlook under the measure ‘Supporting News and Media Diversity’ for a period of three years commencing in 2025-26. Details are set out in the Mid-Year Economic and Fiscal Outlook 2025-26, Appendix A: Policy decisions taken since the 2024-25 Budget at pages 286‑287.

Funding for this item will come from Program 1.4: Culture and Capability, which is part of Outcome 1. Details are set out in the Portfolio Additional Estimates Statements 2025-26, Prime Minister and Cabinet Portfolio (National Indigenous Australians Agency) at page 89.

Funding for the program will be delivered through an open, competitive grant process. 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 NIAA will develop grant opportunity guidelines and will have regard to the nine key principles in administering the grant. The guidelines, along with information about the grants will be made available on the GrantConnect website (www.grants.gov.au), and the grants will be administered by the NIAA.

A delegate of the NIAA’s Chief Executive Officer under the FFSP Act will be responsible for approving Commonwealth funding provided to eligible organisations under the program. The delegate will be at the SES Band 1 level or above and have appropriate delegation, experience and knowledge to exercise this function.

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 service provider, over other service providers. In addition, the benefits of the grants are not directed towards the circumstances of particular persons, but rather apply generally to the community, and is therefore considered to be unsuitable for review. The program, by its nature, is unlikely to affect the interests of a sole individual and 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.

Consultation in relation to the program occurred through the DITRDCSA-led Community Broadcasting Sector Sustainability Review and is summarised in the Findings Report.

Public consultation was held between June and September 2024 including on a discussion paper which was supported by workshops and one-on-one meetings with community broadcasters, sector peak bodies, Remote Indigenous Media Organisations and First Nations media services. DITRDCSA also consulted with representatives from 73 organisations through 11 workshops, and 42 organisations through one-on-one meetings. Whilst DITRDCSA led the consultations, NIAA was also involved in the consultations.

From these consultations, the following five priorities emerged for the program: operations, workforce capability (e.g. staff recruitment, retention, training and development), news and journalism, replacement and maintenance of ageing infrastructure, and establishment of new First Nations broadcasting services in licence areas not currently serviced. The grant opportunity guidelines will be designed and developed to address these priorities.

The NIAA also has regular monthly engagement with the sector peak body, First Nations Media Australia, to discuss broader Indigenous broadcasting and media issues and the program’s progress.

The NIAA builds into all funding agreements regular check-ins with providers including through site visits to support grant recipients through direct engagement with NIAA’s regional network. In addition, all NIAA grant agreements include performance monitoring and assessment processes to measure successful delivery of program outcomes. Consultation with program providers is ongoing and will continue throughout the life of the grant agreements.

In accordance with the requirements under the CGRPs, the NIAA will evaluate the grant opportunity to measure how well the program’s outcomes and objectives have been achieved. The NIAA may use information from the application and reports provided by the grantees for this purpose. The NIAA may also interview or seek further information from the grantees to assist in understanding how the grants impacted the grantees and to evaluate how effective the program was in achieving its outcomes.

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 race power (section 51(xxvi)); and
the communications power (section 51(v)).

Race power

Section 51(xxvi) of the Constitution empowers the Parliament to make laws with respect to ‘the people of any race for whom it is deemed necessary to make special laws’.

The program will support entities that enable First Nations communities to have control of their own media, facilitating access for First Nations people to information and services and enabling participation in informed decision making regarding their own lives and support for local employment opportunities; enhanced digital inclusion; and enables people to engage with and express local knowledge, cultures and languages via the production of local stories, news and information.

Communications power

Section 51(v) of the Constitution empowers the Parliament to make laws with respect to ‘postal, telegraphic, telephonic and other like services’.  

The program will support the First Nations broadcasting and media sector by funding First Nations community broadcasters, sector peak bodies and sector strengthening projects, including entities that hold community radio broadcasting licences with an Indigenous interest under the Broadcasting Services Act 1992.

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 (Prime Minister and Cabinet’s Portfolio Measures No. 1) 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 (Prime Minister and Cabinet’s Portfolio Measures No. 1) Regulations 2026 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on certain activities to be administered by the National Indigenous Australian Agency (NIAA), part of the Prime Minister and Cabinet portfolio.

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

adds table item 797 ‘Prescribed Bodies Corporate Strategic Projects’; and

adds table item 798 ‘Indigenous Broadcasting and Media Program’.

Table item 797 – Prescribed Bodies Corporate Strategic Projects

Table item 797 establishes legislative authority for government spending on the Prescribed Bodies Corporate (PBCs) Strategic Projects program (the Strategic Projects program).

Since 2015, the Government has invested in a PBC Capacity Building Program (Capacity Building Program) to help PBCs and other eligible organisations build organisational capability and pursue economic opportunities, supporting over 140 activities totalling approximately $100.0 million. Activities supported by the Capacity Building Program include developing strategic and business plans and establishing new enterprises (for example in land management and tourism). The new PBC Strategic Projects program will build on the success of the Capacity Building Program.

Funding of up to $30.0 million over three years from 2026-27 for the Strategic Projects program aims to maximise the social, cultural, and economic aspirations of these native
title-holding groups with an increased focus on supporting economic outcomes.

The intended outcomes of the Strategic Projects program are that PBCs and other eligible organisations:

have capacity to maximise the social, cultural and economic aspirations of their native title-holding group; and
promote greater efficiency in land use decision-making.

Human rights implications

This disallowable legislative instrument engages the following rights:

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

Article 2 of the ICCPR and the ICESCR provide the general obligation of States Parties to undertake steps to the maximum of its available resources to realise the rights recognised, particularly through legislative measures.

Right to self-determination

Article 1 of the ICCPR and Article 1 of the ICESCR recognise the right of all peoples to self‑determination. By virtue of this right, peoples may freely determine their political status and freely pursue their economic, social and cultural development.

The Strategic Projects program supports the right to self-determination by providing PBCs and other eligible native title organisations with grant funding to build their capacity take advantage of social, cultural and economic opportunities arising from their native title rights and interests.

Right to enjoy, practice and benefit from culture

Article 27 of the ICCPR recognises the right of persons belonging to ethnic, religious or linguistic minorities, including Aboriginal and Torres Strait Islander peoples, to enjoy their own culture in community with others.

Article 15 of the ICESCR recognises the right of all peoples to take part in cultural life and to benefit from cultural expressions and practices.

The Strategic Projects program will support PBCs (and the native title holders they represent) to benefit from culture by building native title holders capacity to engage with projects linked to cultural, social and economic opportunities, negotiate strong agreements and share in the benefits of projects on native title land.

Table item 797 is compatible with human rights because it promotes the protection of human rights.

Table item 798 – Indigenous Broadcasting and Media Program

Table item 798 establishes legislative authority for government spending on the Indigenous Broadcasting and Media Program (the program) to support the First Nations broadcasting and media sector by funding First Nations community broadcasters, sector peak bodies and sector strengthening projects.

The program currently supports 48 organisations to deliver Indigenous broadcasting and media services through the Indigenous Advancement Strategy (the way the Government funds and delivers a range of programs for First Nations Australians). The objectives of the program are to:

support First Nations communities to have control of their own media, facilitating access to information and services and enabling participation in informed decision making regarding their own lives;
support local employment opportunities;
enhance digital inclusion; and
enable people to engage with and express local knowledge, cultures and languages via the production of local stories, news and information.

Funding of $12.0 million over three years from 2025-26 under table item 798 aims to support operations, education and training, equipment and infrastructure improvements, and related needs to modernise and stabilise operations of First Nations community broadcasting services, including:

purchase and installation of production, transmission and administration equipment;

minor repairs and maintenance to broadcasting-related equipment and/or infrastructure;

training and education such as for news and journalism, technical skills development, business administration and financial management; and

organisational capacity and capability building such as updating policies and procedures, implementing or upgrading financial management systems, strategic business planning and website upgrades.

Human rights implications

This disallowable legislative instrument engages the following rights:

the rights of equality and non-discrimination – Article 2 of the ICCPR, Article 2 of the ICESCR, and Article 5 of the International Convention of the Elimination of All Forms of Racial Discrimination (CERD), read with Article 2; and
the rights of Indigenous peoples – Article 16 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Rights of equality and non-discrimination

Article 2(1) of the ICCPR requires that ‘Each State Party 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’.

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

Article 2(1) of the ICESCR requires that each State Party ‘undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognised in the present Covenant by all appropriate means, including particularly the adoption of legislative measures’.

Article 2 of the CERD requires States Parties to condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races. States Parties are required to, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms.

Article 5 of the CERD requires States Parties to undertake to prohibit and to eliminate racial discrimination in all its forms and to 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 right to public health, medical care, social security and social services.

The program positively engages with the rights of equality and non-discrimination by providing opportunities for First Nations families and communities to access information and media services. The program is intended to improve outcomes for First Nations people by enabling participation in informed decision making regarding their own lives.

Rights of Indigenous peoples

Article 16 of the UNDRIP states that ‘Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination’ and that ‘States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately-owned media to adequately reflect indigenous cultural diversity’.

The program will support Indigenous broadcasting and media organisations and other eligible organisations to deliver broadcasting and media services that enable Indigenous communities to have access to information and services and enable people to engage with, express and share local knowledge, cultures and languages via the production of local stories, news and information.

Table item 798 is compatible with human rights because it promotes the protection of human rights.

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

Administered by Department of Finance

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