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COAG Reform Fund Bill 2008

Part 3 Terms and conditions of grants


7   Terms and conditions of grants


             (1)  This section applies if:

                     (a)  an amount is to be debited from the COAG Reform Fund for the purpose of making a grant of financial assistance to a State or Territory; and

                     (b)  the grant is not covered by any of the following provisions of the Nation-building Funds Act 2008 :

                              (i)  subsection 92(2);

                             (ii)  subsection 97(2);

                            (iii)  subsection 102(2);

                            (iv)  subsection 107(2);

                             (v)  subsection 197(2);

                            (vi)  subsection 265(2).

Terms and conditions

             (2)  The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the State or Territory.

             (3)  An agreement under subsection (2) may be entered into by a Minister on behalf of the Commonwealth.

Note:          The provisions referred to in paragraph (1)(b) deal with the channelling of State/Territory grants payments through the COAG Reform Fund. Those grants are made out of money originating in the Building Australia Fund, the Education Investment Fund or the Health and Hospitals Fund. For terms and conditions of those grants, see the Nation-building Funds Act 2008 .

8   Delegation by a Minister

             (1)  A Minister may, by writing, delegate any or all of his or her powers under section 7 to:

                     (a)  the Secretary of a Department; or

                     (b)  an SES employee, or acting SES employee, in a Department.

Note:          The expressions SES employee and acting SES employee are defined in section 17AA of the Acts Interpretation Act 1901 .

             (2)  In exercising powers under a delegation, the delegate must comply with any directions of the Minister concerned.