Commonwealth Consolidated Acts

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FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) ACT 1997 - SECT 32B

Supplementary powers to make commitments to spend relevant money and other CRF money etc.

             (1)  If:

                     (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:

"administer" :

                     (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.



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