Financial Management and Accountability Amendment Regulation 2013 (No. 6)

Administered by Department of Finance

Legislation au F2013L01511 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2013 No. 219

 

Issued by the Authority of the Minister for Finance and Deregulation

 

 Financial Management and Accountability Act 1997

 

Financial Management and Accountability Amendment

Regulation 2013 (No. 6)

 

The Financial Management and Accountability Act 1997 (the FMA Act) provides a framework of rules for the proper management of public money and public property by Chief Executives and officials of FMA Act agencies.  The FMA Act applies to Commonwealth Departments of State and their staff, parliamentary departments and their staff, and prescribed agencies.

 

Subsection 65(1) of the FMA 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.

 

To respond to the High Court’s decision in Williams v Commonwealth (2012) 288 ALR 410, the Financial Framework Legislation Amendment Act (No. 3) 2012 established legislative authority in section 32B of the FMA Act for the Government to spend on the grants and programs listed in Schedule 1AA to the Financial Management and Accountability Regulations 1997 (the Principal Regulations).

 

Schedule 1 to the Regulation amends the Principal Regulations to establish legislative authority in Schedule 1AA for the Government to spend on two activities relating to:

  • sustainable agriculture through the ‘Caring for our Country’ program in the Agriculture, Fisheries and Forestry portfolio; and
  • the Building Multicultural Communities Program in the Immigration and Citizenship portfolio.

 

Details of the Regulation are set out in the Attachment.

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulation commences on the day after it has been registered on the Federal Register of Legislative Instruments. 

 

Consultation

In accordance with section 17 of the Legislative Instruments Act 2003, consultation has taken place with the Department of Agriculture, Fisheries and Forestry and the Department of Immigration and Citizenship.  The Australian Government Solicitor also provided advice on the amendments to Schedule 1AA to the Principal Regulations.

 

A regulation impact statement is not required as the Regulation only applies to FMA Act Agencies, and does not adversely affect the private sector.

 

Statement of Compatibility with Human Rights

The Regulation 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.

 

The Regulation amends Schedule 1AA to the Principal Regulations to establish legislative authority for Government spending on two activities relating to sustainable agriculture and building multicultural communities.  This is in response to the High Court’s decision in Williams v Commonwealth in June 2012.

 

The spending activities specified in Schedule 1AA are the responsibility of the relevant Ministers who have portfolio responsibility for those matters.

 

The Regulation does not limit any human rights, nor establish any new offences or penalties.

 

ATTACHMENT

 

Details of the Financial Management and Accountability Amendment Regulation 2013 (No. 6)

 

Section 1 – Name of Regulation

 

This section provides that the title of the Regulation is the Financial Management and Accountability Amendment Regulation 2013 (No. 6).

 

Section 2 – Commencement

 

This section provides that the Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments. 

 

Section 3 – Authority

 

This section provides that the Regulation is made under the Financial Management and Accountability Act 1997 (FMA Act).

 

Section 4 – Schedule(s)

 

This section provides that the Financial Management and Accountability Regulations 1997 (the Principal Regulations) are amended as set out in Schedule 1 to the Regulation.

 

Schedule 1 – Amendments

 

Schedule 1 amends Schedule 1AA to the Principal Regulations to establish legislative authority for the Government to spend on the specified programs and activities in Schedule 1AA.

 

Item 1 – After item 401.029 of Schedule 1AA

 

This item establishes legislative authority for one spending activity of the Department of Agriculture, Fisheries and Forestry (DAFF) by adding a new item to Schedule 1AA to the Principal Regulations.

 

New item 401.030 establishes legislative authority for the Government to provide funding for sustainable agriculture through the ‘Caring for our Country’ program which is the Australian Government’s primary natural resource management program.  Over the long term, it aims to achieve an environment that is healthier, better protected, well managed, resilient, and provides essential ecosystem services in a changing climate. 

 

From 2013-14 to 2017-18, ‘Caring for our Country’ will be delivered through two streams: the Sustainable Agriculture stream (managed by the Department of Agriculture, Fisheries and Forestry) and the Sustainable Environment stream (managed by the Department of Sustainability, Environment, Water, Population and Communities (SEWPaC)).

 


The strategic objectives of the Sustainable Agriculture stream are to:

  • promote sustainable production of food;
  • promote innovation in Australian agriculture and fisheries practices;
  • take a strategic approach to reducing the impact of weeds and pests on agriculture;
  • improve management of agriculture and fisheries on the natural resource base; and
  • foster a skilled and capable Landcare community.

 

The Sustainable Agriculture stream will support the uptake of more sustainable farm and fisheries practices and enhance the capacity of land managers for improved natural resource management.  This support will be available across all forms of production, including cropping, grazing, horticulture, agroforestry, fisheries and aquaculture.

 

The Sustainable Agriculture stream is funded through:

  • the Landcare appropriation to DAFF under the Natural Resources Management (Financial Assistance) Act 1992; and
  • Natural Heritage Trust (NHT) funding under the Natural Heritage Trust of Australia Act 1997 appropriated to SEWPaC and transferred to DAFF through section 31 of the FMA Act and Regulation 15 of the Principal Regulations.  The full measure description and package details for ‘Caring for our Country – redirection of funding’ are at page 256 of Budget Paper No. 2 Budget Measures 2013-14 under the SEWPaC portfolio as the lead agency for the program.

 

The Sustainable Agriculture stream will be delivered through a mix of investment approaches, including community grants, and strategic investments, using various competitive grants and procurement processes.  Regional delivery and other identified priorities will be managed by DAFF and paid out of the NHT from funds retained by SEWPaC.  Applicant Guidelines for each component will provide details about eligibility and selection criteria, and will be published on the Caring for our Country website.  Once approved, spending decisions will also be published on this website.  The Minister for Agriculture, Fisheries and Forestry is responsible for decisions on Sustainable Agriculture stream funding.

 

Payments for the ‘Caring for our Country’ Sustainable Agriculture stream will be made as part of Program 1.2 Sustainable Management – Natural Resources, described in the Portfolio Budget Statements 2013‑14, Budget Related Paper No. 1.1, Agriculture, Fisheries and Forestry Portfolio at page 33.

 

Item 2 – After item 417.027 of Schedule 1AA

 

This item adds a program to Schedule 1AA to the Principal Regulations for the Department of Immigration and Citizenship (DIAC).

 

New item 417.028 establishes legislative authority for the Government to provide funding for costs associated with the Building Multicultural Communities Program (BMCP).

 

The BMCP will provide grants to eligible Australian not-for-profit, incorporated community organisations and local government authorities that provide services and key support to their community groups, and for projects that enhance multicultural community spaces through infrastructure, equipment and capital works.  The BMCP aims to empower communities to embrace the benefits of multiculturalism and maintain cohesive and socially inclusive neighbourhoods for the benefit of the nation.

 

Information on the BMCP is available on the Department’s website (www.immi.gov.au).  This includes the program guidelines, which outline the selection criteria and how applications will be weighted.  Information on individual grants will be published on DIAC’s website within 14 working days of the successful applicants being announced.  DIAC will make recommendations for funding to the Minister for Multicultural Affairs for a final, non‑reviewable decision.

 

Payments will be made as part of Program 6.1 Multicultural and Citizenship Services, described in the Portfolio Budget Statements 2013‑14, Budget Related Paper No. 1.11, Immigration and Citizenship Portfolio at page 82.

 

 

 

Overview

The Financial Management and Accountability Amendment Regulation 2013 (No. 6) was enacted to amend the Financial Management and Accountability Regulations 1997, addressing a legislative gap identified by the High Court's decision in Williams v Commonwealth (2012) 288 ALR 410. This regulation was introduced by the Minister for Finance and Deregulation and is aimed at establishing legislative authority for the government to spend on specific programs and activities. The primary objective of this regulation is to align with the High Court's ruling by providing explicit legislative authority for funding two particular initiatives: the 'Caring for our Country' program, which focuses on sustainable agriculture under the Agriculture, Fisheries and Forestry portfolio, and the Building Multicultural Communities Program within the Immigration and Citizenship portfolio. These amendments ensure that the government can effectively allocate resources to these critical areas as intended by the relevant Ministers.

Scope and Application

The Financial Management and Accountability Amendment Regulation 2013 (No. 6) amends the Financial Management and Accountability Regulations 1997 to address legislative authority for government spending on specific programs in response to the High Court's decision in Williams v Commonwealth (2012). This regulation applies to Commonwealth Departments of State, their staff, parliamentary departments, their staff, and prescribed agencies, establishing legislative authority under the Financial Management and Accountability Act 1997 for spending on the ‘Caring for our Country’ program within the Agriculture, Fisheries and Forestry portfolio, and the Building Multicultural Communities Program within the Immigration and Citizenship portfolio. The spending activities outlined are managed by the relevant Ministers who have portfolio responsibility for those matters. The amendment does not affect the private sector or establish new offences or penalties, and is compatible with the human rights and freedoms recognised in international instruments. The regulation commences on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Financial Management and Accountability Amendment Regulation 2013 (No. 6) amends the Financial Management and Accountability Regulations 1997 (the Principal Regulations) to establish legislative authority for the government to spend on two specific activities: sustainable agriculture through the ‘Caring for our Country’ program, and the Building Multicultural Communities Program. This amendment is in response to the High Court’s decision in Williams v Commonwealth (2012) 288 ALR 410. The Regulation introduces these spending activities into Schedule 1AA of the Principal Regulations under the authority of section 32B of the Financial Management and Accountability Act 1997 (the FMA Act). The obligations imposed by this Regulation on the parties it governs include ensuring that spending on the specified activities is done in accordance with the FMA Act and its regulations. The Department of Agriculture, Fisheries and Forestry (DAFF) is responsible for the ‘Caring for our Country’ program, while the Department of Immigration and Citizenship (DIAC) manages the Building Multicultural Communities Program (BMCP). Both departments must adhere to the financial management standards set by the FMA Act, ensuring transparency, accountability, and proper stewardship of public funds. The responsible Ministers—the Minister for Agriculture, Fisheries and Forestry for the ‘Caring for our Country’ program and the Minister for Multicultural Affairs for the BMCP—must ensure that the allocated funds are used effectively and in line with the program objectives. Failure to comply with the provisions of the FMA Act and the amended Principal Regulations could result in various consequences. Although the Regulation does not establish any new offences or penalties, breaches of the FMA Act may lead to administrative penalties, recovery of misappropriated funds, and other remedial actions. The FMA Act provides for civil and criminal penalties for misuse of public money or property, including fines and imprisonment, depending on the severity of the breach. The FMA Act also allows for the recovery of funds that have been improperly spent or invested. The Regulation is designed to be compatible with human rights, as it does not limit any existing rights nor establish new penalties. It is compatible with the human rights and freedoms recognised in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This ensures that the legislative changes do not infringe upon any fundamental rights and freedoms of individuals or communities. The Regulation only applies to FMA Act Agencies and does not adversely affect the private sector, hence a regulation impact statement was not required.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.