8789

2019

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Emergency Response Fund Bill 2019

 

 

(Amendments to be moved by Senator Watt, on behalf of the Opposition, in committee of the whole)

(1)     Clause 14, page 13 (line 8), after “28”, insert “or 28A”.

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(2)     Clause 14, page 13 (line 13), after “32”, insert “or 32A”.

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(3)     Clause 20, page 18 (after line 29), after subclause (1), insert:

          (1A)  The Emergency Management Minister may, on behalf of the Commonwealth:

                     (a)  make an arrangement with; or

                     (b)  make a grant of financial assistance to;

a person or body for:

                     (c)  the carrying out of a project that is directed towards achieving any or all of the following:

                              (i)  resilience to a future natural disaster that could affect an area (whether directly or indirectly);

                             (ii)  preparedness for a future natural disaster that could affect an area (whether directly or indirectly);

                            (iii)  reduction of the risk of a future natural disaster that could affect an area (whether directly or indirectly);

                            (iv)  the long-term sustainability of a community or communities in an area that is at risk of being affected (whether directly or indirectly) by a future natural disaster; or

                     (d)  the provision of a service that is directed towards achieving any or all of the following:

                              (i)  resilience to a future natural disaster that could affect an area (whether directly or indirectly);

                             (ii)  preparedness for a future natural disaster that could affect an area (whether directly or indirectly);

                            (iii)  reduction of the risk of a future natural disaster that could affect an area (whether directly or indirectly);

                            (iv)  the long-term sustainability of a community or communities in an area that is at risk of being affected (whether directly or indirectly) by a future natural disaster; or

                     (e)  the adoption of technology that is directed towards achieving any or all of the following:

                              (i)  resilience to a future natural disaster that could affect an area (whether directly or indirectly);

                             (ii)  preparedness for a future natural disaster that could affect an area (whether directly or indirectly);

                            (iii)  reduction of the risk of a future natural disaster that could affect an area (whether directly or indirectly);

                            (iv)  the long-term sustainability of a community or communities in an area that is at risk of being affected (whether directly or indirectly) by a future natural disaster; or

                      (f)  a matter that is incidental or ancillary to a matter mentioned in paragraph (c), (d) or (e).

Note:          See also section 24 (constitutional limits).

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(4)     Clause 20, page 18 (line 30), after “(1)”, insert “or (1A)”.

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(5)     Clause 20, page 19 (line 1), after “(1)”, insert “or (1A)”.

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(6)     Clause 20, page 19 (line 3), after “(1)”, insert “or (1A)”.

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(7)     Clause 20, page 19 (line 4), omit “Subsection (1) does not”, substitute “Subsections (1) and (1A) do not”.

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(8)     Heading to clause 28, page 24 (line 18), at the end of the heading, add “ —general ”.

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(9)     Clause 28, page 24 (line 22), omit “section 20”, substitute “subsection 20(1)”.

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(10)   Clause 28, page 25 (line 3), omit “section 20”, substitute “subsection 20(1)”.

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(11)   Clause 28, page 25 (line 9), omit “section 20”, substitute “subsection 20(1)”.

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(12)   Clause 28, page 25 (line 20), omit “section 20”, substitute “subsection 20(1)”.

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(13)   Clause 28, page 25 (line 31), omit “section 34”, substitute “subsection 34(1)”.

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(14)   Page 26 (after line 9), after clause 28, insert:

28A   Transfers from the Emergency Response Fund Special Account to the Home Affairs Emergency Response Fund Special Account —resilience etc.

Amounts payable under arrangements

             (1)  If:

                     (a)  one or more arrangements have been, or will be, made under subsection 20(1A); and

                     (b)  the Emergency Management Minister is satisfied that one or more amounts (the committed amounts ) will become payable by the Commonwealth during a financial year under those arrangements;

the Emergency Management Minister may, during the financial year, request the Finance Minister to transfer a specified amount (which must equal the total of the committed amounts) from the Emergency Response Fund Special Account to the Home Affairs Emergency Response Fund Special Account .

             (2)  The Emergency Management Minister must not make more than one request under subsection (1) in relation to a particular amount that will become payable by the Commonwealth under a subsection 20(1A) arrangement.

             (3)  To avoid doubt, the Emergency Management Minister may make 2 or more requests under subsection (1) during a financial year.

Grants

             (4)  If the Emergency Management Minister decides that one or more grants should be made under subsection 20(1A) during a financial year to persons other than a State or Territory, the Emergency Management Minister may, during the financial year, request the Finance Minister to transfer a specified amount (which must equal the total amount of the grants) from the Emergency Response Fund Special Account to the Home Affairs Emergency Response Fund Special Account .

Note:          For a grant to a State or Territory, see section 32A (channelling State/Territory grants through the COAG Reform Fund).

             (5)  The Emergency Management Minister must not make more than one request under subsection (4) in relation to a particular subsection 20(1A) grant.

             (6)  To avoid doubt, the Emergency Management Minister may make 2 or more requests under subsection (4) during a financial year.

Transfer

             (7)  If:

                     (a)  during a financial year, the Emergency Management Minister requests the Finance Minister under subsection (1) or (4) to transfer an amount from the Emergency Response Fund Special Account to the Home Affairs Emergency Response Fund Special Account ; and

                     (b)  the Finance Minister is satisfied that the transfer will not contravene subsection 34(2) (annual limit);

the Finance Minister must, in writi ng, direct that a specified amount (which must equal the requested amount) is to be:

                     (c)  debited from the Emergency Response Fund Special Account ; and

                     (d)  credited to the Home Affairs Emergency Response Fund Special Account ;

on a specified day during the financial year.

             (8)  A direction under subsection (7) is not a legislative instrument .

             (9)  The Finance Minister must give a copy of a direction under subsection (7) to the Treasurer and the Emergency Management Minister.

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(15)   Heading to clause 32, page 28 (line 4), at the end of the heading, add “ —general ”.

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(16)   Clause 32, page 28 (line 7), omit “section 20”, substitute “subsection 20(1)”.

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(17)   Clause 32, page 28 (line 17), omit “section 34”, substitute “subsection 34(1)”.

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(18)   Page 28 (after line 24), after clause 32, insert:

32A   Channelling State/Territory grants through the COAG Reform Fund—resilience etc.

             (1)  If the Emergency Management Minister decides that a grant of financial assistance should be made to a State or Territory under subsection 20(1A), the Emergency Management Minister must, by writing, direct that, on a specified day, a specified amount (which must equal the amount of the grant) is to be:

                     (a)  debited from the Emergency Response Fund Special Account ; and

                     (b)  credited to the COAG Reform Fund.

             (2)  The direction must be expressed to be given in order to enable the amount to be debited from the COAG Reform Fund for the purpose of making the grant.

             (3)  The Emergency Management Minister must not give a direction under subsection (1) if doing so would contravene subsection 34(2) (annual limit).

             (4)  Two or more directions under subsection (1) may be set out in the same document.

             (5)  A direction under subsection (1) is not a legislative instrument .

             (6)  The Emergency Management Minister must give a copy of a direction under subsection (1) to the Treasurer and the Finance Minister.

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(19)   Clause 33, page 28 (line 26), after “paragraph 32(1)(b)”, insert “or 32A(1)(b)”.

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(20)   Clause 34, page 30 (line 5), before “The total”, insert “(1)”.

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(21)   Clause 34, page 30 (after line 7), at the end of the clause, add:

             (2)  The total amount debited from the Emergency Response Fund Special Account under sections 28A and 32A during a financial year must not exceed $50 million.

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(22)   Clause 36, page 31 (line 17), omit “28 and 32”, substitute “28, 28A, 32 and 32A”.

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(23)   Clause 59, page 44 (line 8), omit “or 28”, substitute “, 28 or 28A”.

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(24)   Clause 61, page 45 (line 27), omit “28, 31 or 32”, substitute “28, 28A, 31, 32 or 32A”.

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(25)   Clause 63, page 46 (line 22), omit “limit”, substitute “limits”.

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8789-EM

 

 

 

Emergency Response Fund Bill 2019

 

(Requests for amendments to be moved by Senator Watt on behalf of the Opposition in committee of the whole)

 

 

Statement pursuant to the order of

the Senate of 26 June 2000

 

 

 

Amendments (3), (14) and (18)

 

Amendment (3)

The effect of this amendment is to enable additional grants and arrangements to be made. This will extend the amounts that can be covered by the purposes of the Home Affairs Emergency Response Fund Special Account under clause 30 of the Bill. This amendment is covered by section 53 of the Constitution because it increases the amounts that can be paid out of the Consolidated Revenue Fund under the standing appropriation in section 80 of the Public Governance, Performance and Accountability Act 2013.

 

Amendment (14)

The effect of this amendment is to enable amounts to be credited to the Home Affairs Emergency Response Fund Special Account established by the Bill. This amendment is covered by section 53 of the Constitution because it increases the amounts that can be paid out of the Consolidated Revenue Fund under the standing appropriation in section 80 of the Public Governance, Performance and Accountability Act 2013.

 

Amendment (18)

The effect of this amendment is to enable amounts to be credited to the COAG Reform Fund which is a Special Account established by the COAG Reform Fund Act 2008. This amendment is covered by section 53 of the Constitution because it increases the amounts that can be paid out of the Consolidated Revenue Fund under the standing appropriation in section 80 of the Public Governance, Performance and Accountability Act 2013.

 

Other amendments on sheet 8789

The other amendments on sheet 8789 are consequential on amendments (3), (14) and (18).

 

 

The amendments (3), (14) and (18) and the other amendments on sheet 8789 amendments should therefore be moved as requests.

 

 

 

 

 

 

 

Statement by the Clerk of the Senate pursuant

to the order of the Senate of 26 June 2000

 

 

 

Amendments (3), (14) and (18) and the consequential amendments on sheet 8789

 

If the effect of the amendments is to increase the amount that will be appropriated from the consolidated revenue fund under the identified standing appropriations, then it is in accordance with the precedents of the Senate to deal with amendments 3, 14 and 18 as requests. It is similarly in accordance with precedent to deal with the consequential amendments as requests.