Commonwealth Consolidated Regulations

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FINANCIAL MANAGEMENT AND ACCOUNTABILITY REGULATIONS 1997 - REG 3A

Meaning of grant

         (1)   In these regulations, a grant is an arrangement for the provision of financial assistance by the Commonwealth:

                (a)    under which public money is to be paid to a recipient other than the Commonwealth; and

               (b)    which is intended to assist the recipient achieve its goals; and

                (c)    which is intended to promote 1 or more of the Australian Government's policy objectives; and

               (d)    under which the recipient is required to act in accordance with any terms or conditions specified in the arrangement.

         (2)   However, the following arrangements are taken not to be grants:

                (a)    the procurement of property or services by an agency, including the procurement of the delivery of a service by a third party on behalf of an agency;

               (b)    a gift of public property or public money, including an ex gratia payment;

                (c)    a payment of compensation made under:

                          (i)    an act of grace arrangement; or

                         (ii)    an arrangement for employment compensation; or

                         (iii)    a similar arrangement;

               (d)    a payment of benefit to a person, including a payment of an entitlement established by legislation or by a government program;

                (e)    a tax concession or offset;

                (f)    an investment or loan of public money;

                (g)    financial assistance provided to a State in accordance with section 96 of the Constitution;

                (h)    a payment to a State or a Territory that is made for the purposes of the Federal Financial Relations Act 2009 , including the following:

                          (i)    General Revenue Assistance;

                         (ii)    Other General Revenue Assistance;

                         (iii)    National Specific Purpose Payments;

                        (iv)    National Partnership Payments;

                 (i)    a payment that is made for the purposes of the Local Government (Financial Assistance) Act 1995 ;

                (j)    a payment that is made for the purposes of the Schools Assistance Act 2008 ;

               (k)    a payment that is made for the purposes of the Higher Education Support Act 2003

 

   



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