Details of the Financial Framework (Supplementary Powers) Amendment (Agriculture and Water Resources Measures No. 1) Regulation 2015

 

Section 1 - Name

 

This section provides that the title of the Regulation is the Financial Framework (Supplementary Powers) Amendment (Agriculture and Water Resources Measures No. 1) Regulation 2015.

 

Section 2 - Commencement

 

This section provides that the Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments. 

 

Section 3 - Authority

 

This section provides that the Regulation is made under the Financial Framework (Supplementary Powers) Act 1997.

 

Section 4 - Schedules

 

This section provides that the Financial Framework (Supplementary Powers) Regulations 1997 are amended as set out in the Schedules to the Regulation.

 

Schedule 1 - Amendments

 

Item 1 - Part 4 of Schedule 1AB (table)

 

This item adds a new table item to Part 4 of Schedule 1AB that establishes legislative authority for government spending on an activity administered by the Department of Agriculture and Water Resources.

 

New table item 113 establishes legislative authority for the Government to fund activities to improve the management of established pest animals and weeds. 

 

Funding will be used to:

*         provide financial assistance to organisations to develop and promote new and improved technologies and tools for controlling pest animals and weeds; and

*         develop national consultative and collaborative arrangements for government, community and industry action on pest animals and weeds.

 

Established pest animals and weeds have been introduced to parts of Australia and have self-sustaining populations that are not considered eradicable.  Established pest animals and weeds that negatively impact agricultural competitiveness, as well as threaten ecosystems, habitats and species would be targeted.

 

The funding forms part of the $50 million for the management of established pest animals and weeds announced in the Agricultural Competitiveness White Paper, which was released on 4 July 2015.  The White Paper is available at http://agwhitepaper.agriculture.gov.au.  Activities will also be funded to support industry and community led on-ground action through state and territory governments and provide information to raise awareness of the benefits of pest animal and weed control.

 

Spending decisions will be made by the Minister for Agriculture and Water Resources.  Expenditure for this programme will be made in accordance with the Commonwealth Grants Rules and Guidelines and related departmental guidelines.  Spending decisions will be made public as required by the Commonwealth Grants Rules and Guidelines.

 

Decisions for funding will be made on a targeted basis to support programme outcomes and objectives.  The Department may initiate a competitive process with guidelines that target specific outcomes.  Where a competitive process is adopted, information including programme guidelines and criteria will be published on the Department's website (www.agriculture.gov.au).  

 

Merits review is not applicable in respect of decisions made in relation to ad-hoc or targeted funding given the non-competitive nature of the funding.  Where funds are allocated under a competitive selection process, with a limited allocation of funding available, such decisions are not considered suitable for merits review.  Further information on review mechanisms and complaints and how they will be dealt with will form part of the guidelines.  All grants provided will be published on the Department of Agriculture and Water Resources' website.

 

This initiative comes within Programme 1.2: Sustainable management - Natural resources, which is part of Outcome 1: More sustainable, productive, internationally competitive and profitable Australian agricultural, food and fibre industries through policies and initiatives that promote better resource management practices, innovation, self-reliance and improved access to international markets.  Funding details will be set out in the Portfolio Additional Estimates Statements 2015-16, Agriculture and Water Resources Portfolio.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the external affairs power (section 51(xxix)) of the Constitution.

 

 

 

 

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Financial Framework (Supplementary Powers) Amendment (Agriculture and Water Resources Measures No. 1) Regulation 2015

 

This Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

Section 32B of the Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FF(SP) Regulations) and to make, vary and administer arrangements and grants for the purposes of programmes specified in the Regulations.  Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programmes. 

 

The FF(SP) Act applies to Ministers and the accountable authorities of non-corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013. 

 

Schedule 1 to the Regulation adds a new item to Schedule 1AB to establish legislative authority for the Government to fund activities to improve the management of established pest animals and weeds.  The programme was announced in the Government's Agricultural Competitiveness White Paper released on 4 July 2015 and will be administered by the Department of Agriculture and Water Resources.

 

The Minister for Agriculture and Water Resources has portfolio responsibility for this programme.

 

Human rights implications

 

The Regulation does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This Regulation is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance