Details of the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 3) Regulations 2018

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 3) Regulations 2018.

 

Section 2 - Commencement

 

This section provides that the Regulations commence on the day after they are registered on the Federal Register of Legislation.

 

Section 3 - Authority

 

This section provides that the Regulations are 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 Schedule to the Regulations.

 

Schedule 1 - Amendments

 

Item 1 - Part 4 of Schedule 1AB (table item 274, column headed "Objective(s)")

 

This item makes a technical amendment to table item 274 in Part 4 of Schedule 1AB to correct a typographical error.

 

Table item 274 provides legislative authority for government spending on the Fostering Integration Grants Scheme which is administered by the Department of Home Affairs (the department).  The scheme provides funding to community organisations assisting newly arrived migrants to integrate into Australian society while understanding and practising Australian values.  Further detail about the scheme is in the Explanatory Statement for the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 1) Regulations 2018.

 

Item 2 - In the appropriate position in Part 4 of Schedule 1AB (table)

 

This item adds a new table item to Part 4 of Schedule 1AB to establish legislative authority for government spending on an activity that will be administered by the department.

 

New table item 309 establishes legislative authority for government spending on the National Aerial Firefighting Program (the Program).

 

The existing Program is part of a national cooperative arrangement with the states and territories to support the purchasing and leasing of highly specialised firefighting aircraft, including aircranes, large air tankers and very large air tankers, to support emergency and land management agencies' responses to bushfires across Australia.  The national firefighting aircraft fleet is readily available for use by state and territory emergency service and land management agencies across Australia.  This national firefighting aircraft fleet complements aerial firefighting resources arranged directly by the state and territory governments. 

 

The Program has been delivered by the National Aerial Firefighting Centre (NAFC), which is a joint company formed by the states and territories in association with the Australian Fire and Emergency Service Authorities Council (AFAC).  NAFC has recently merged its operations with AFAC.  AFAC is the peak body for fire and emergency services in Australasia.  Senior representatives of fire and emergency service agencies across Australia and New Zealand form the AFAC National Council.  Through its members, AFAC supports communities through mitigation and response phases of emergency management and the transition to recovery.  Funding will now be provided to AFAC, to manage and deliver the Program on behalf of, and in cooperation with, its Australian members.

 

The Australian Government provides grant funding of approximately $14.9 million annually, with additional contributions from state and territory governments.  On behalf of its state and territory members, the NAFC secured and managed contracted operational services that are activated during the bushfire season.  The intended outcome of the Program is to increase access to highly specialised and effective aerial firefighting resources which might otherwise be out of reach of individual jurisdictions. 

 

Funding of $60 million over four years, from 2018-19 to 2021-22, was included in the 2018-19 Budget for the Program.  Funding will come from Program 1.7: National Security and Criminal Justice, which is part of Outcome 1.  Details are set out in the Portfolio Budget Statements 2018-19, Budget Related Paper No. 1.10, Home Affairs Portfolio at page 30.

 

The existing grant agreement between the Australian Government and NAFC was established through a targeted selection process and, following the merger, this agreement will be novated from NAFC to AFAC once legislative authority has been established.

 

The grant agreement will continue to be managed in accordance with approved grant guidelines and the Commonwealth Grants Rules and Guidelines 2017.  The grant will continue to be administered through the Business Grants Hub under a Memorandum of Understanding between the Department of Home Affairs and the Department of Industry, Innovation and Science.  Information relating to the grant, including grant guidelines, are published on GrantConnect (www.grants.gov.au).

 

The decision-maker for the grant is the Assistant Minister for Home Affairs.

 

Independent merits review is not considered appropriate for the Program.  The existing grant agreement was executed following a targeted selection process on the basis that NAFC, with its state and territory representatives, was the only entity with the capability and jurisdictional authority to deliver this program.  The Board of AFAC, which is now the governing body of NAFC, consists of representatives of fire agencies and land management departments from across all states and territories.

 

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:

*         Commonwealth executive power the express incidental power
(sections 51(xxxix) and 61), including the nationhood aspect; and

*         the territories power (section 122).

 

Commonwealth executive power and the express incidental power, including the nationhood aspect

 

The express incidental power (section 51(xxxix) of the Constitution) empowers the Parliament to make laws with respect to matters incidental to the execution of any power vested in it by the Constitution.  Together with the executive power (section 61 of the Constitution), section 51(xxxix) supports activities that are peculiarly adapted to the government of a nation and cannot be carried out for the benefit of the nation otherwise than by the Commonwealth.

 

The National Aerial Firefighting Program is a cooperative national arrangement for supporting the combat of bushfires.  The funding will be used to purchase or lease the types of aircraft necessary to combat fires across Australia (such as aircranes, large air tankers and very large air tankers).  By facilitating the procurement of the fleet of firefighting aircraft, the funding is directed at ensuring that there are suitable emergency responses to, and planning for, bushfires in Australia, where the climate and landscape mean that bushfires can present a significant hazard to the population, properties and infrastructure across the different states and territories.  The National Aerial Firefighting Program makes its fleet of aircraft available for use by emergency service and land management agencies across Australia.

 

Territories power

 

Section 122 of the Constitution empowers the Parliament to make laws 'for the government of any territory'.

 

The National Aerial Firefighting Program makes its fleet of aircraft available for use by emergency service and land management agencies across Australia, including in the Northern Territory and the Australian Capital Territory.  

 

 

 

 

 

 

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 (Home Affairs Measures No. 3) Regulations 2018

 

These Regulations are 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 programs specified in the Regulations.  Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programs.  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.

 

The Regulations amend Schedule 1AB to the FF(SP) Regulations to establish legislative authority for government spending on the National Aerial Firefighting Program, which will be administered by the Department of Home Affairs.

 

The Government will provide funding to the Australasian Fire and Emergency Service Authorities Council to provide states and territories with access to highly specialised and effective aerial firefighting resources to support emergency and land management agencies responses to bushfires across Australia.

 

The Assistant Minister for Home Affairs has responsibility for this matter.

 

Human rights implications

 

The Regulations do not engage any of the applicable rights or freedoms.

 

Conclusion

 

These Regulations are compatible with human rights as they do not raise any human rights issues.

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance and the Public Service