(a) apart from this subsection, the Commonwealth does not have power to make, vary or administer:
(i) an arrangement under which relevant money or other CRF money is, or may become, payable by the Commonwealth; or
(ii) a grant of financial assistance to a State or Territory; or
(iii) a grant of financial assistance to a person other than a State or Territory; and
(b) the arrangement or grant, as the case may be:
(i) is specified in the regulations; or
(ii) is included in a class of arrangements or grants, as the case may be, specified in the regulations; or
(iii) is for the purposes of a program specified in the regulations;
the Commonwealth has power to make, vary or administer the arrangement or grant, as the case may be.
Note: The Public Governance, Performance and Accountability Act 2013 deals with the use and management of public resources (including relevant money and other CRF money).
(2) A power conferred on the Commonwealth by subsection (1) may be exercised on behalf of the Commonwealth by a Minister or an accountable authority of a non-corporate Commonwealth entity.
Note: For the power to delegate, see section 32D.
(3) In this section:
(a) in relation to an arrangement--includes give effect to; or
(b) in relation to a grant--includes make, vary or administer an arrangement that relates to the grant.
"arrangement" includes contract, agreement or deed.
"make" , in relation to an arrangement, includes enter into.
"vary" , in relation to an arrangement or grant, means:
(a) vary in accordance with the terms or conditions of the arrangement or grant; or
(b) vary with the consent of the non-Commonwealth party or parties to the arrangement or grant.