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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.

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.