Details of the Financial Framework (Supplementary Powers) Amendment (Agriculture and Water Resources Measures No. 3) Regulations 2018

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Agriculture and Water Resources Measures No. 3) Regulations 2018.

 

Section 2 - Commencement

 

This section provides that the Regulations commence on the day after the instrument is 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 - In the appropriate position in Part 4 of Schedule 1AB

 

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 of Agriculture and Water Resources (the department).

 

New table item 311 establishes legislative authority for government spending on the development and delivery of a Farm Hub to provide an online information resource for farmers.

 

The Farm Hub will provide a single, one-stop-shop covering support and programs from all levels of Australian government, industry groups and not-for-profit organisations.  The Farm Hub will be hosted and delivered by the National Farmers' Federation (NFF), the peak national body representing farmers and agriculture across Australia, to maximise awareness and uptake in the farming community. 

 

The online Farm Hub will provide a single, trusted point of access to information and services.  Through the Farm Hub, farmers, farming families and regional communities will have access to a comprehensive listing of available support, data and resources.  The Farm Hub will address the difficulties farmers face in navigating the vast amount of information and services available from all levels of government, as well as not-for-profit and industry organisations.

 

The Farm Hub will include relevant support and information such as mental health and education programs, and links to key applications and printable information from all levels of government, as well as not-for-profit and industry organisations.  There will be a communications strategy to promote the Farm Hub to farming and regional sectors to encourage maximum engagement.

 

The Farm Hub initiative was announced by the Prime Minister, the Hon Scott Morrison MP, at the Drought Summit on 26 October 2018 and is part of the Government's package of assistance for drought relief. 

 

Funding of $400,000 over three years from 2018-19 will be provided to the NFF for the Farm Hub.  The funding will come from Program 1.12: Rural Programs, which is part of Outcome 1.  Details will be set out in the 2018-19 Mid-Year Economic and Fiscal Outlook and related portfolio budget documentation.

 

The department will use a targeted, non-competitive grant process to award the grant to the NFF.  The grant process will be conducted in accordance with applicable legislative requirements under the Public Governance, Performance and Accountability Act 2013 (the PGPA Act) and the Commonwealth Grants Rules and Guidelines 2017.

 

The decision-maker for the grant will be the Minister for Agriculture and Water Resources.  Details of the grant will be published on GrantConnect (www.grants.gov.au).  The NFF will be required to enter into a grant agreement with the department.  A grant agreement will be executed, and will include milestones and reporting requirements in relation to the development and operation of the Farm Hub.     

 

Independent merits review is not considered appropriate due to the non-competitive, targeted and discretionary nature of the grant.  The NFF was selected as it is best placed to host the Farm Hub because it is a trusted national industry body that has the capabilities to deliver and host the Farm Hub.

 

While there will be no independent merits review, all general obligations to act fairly in the conduct of the grant process will be observed in accordance with the applicable legislative requirements under the PGPA Act and the Commonwealth Grants Rules and Guidelines 2017.

 

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

 

Communications power

 

Section 51(v) of the Constitution enables the Commonwealth to make laws with respect to 'postal, telegraphic, telephonic, and other like services.'

 

The Farm Hub will involve the development and delivery of information and services online, including the provision of information about support and programs provided by state and regional governments, and by industry groups and not-for-profit organisations.  

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. 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 development and delivery of a Farm Hub.

 

The Farm Hub will provide an online information resource for farmers, with a single, trusted point of access to information and services available from all levels of Australian government, industry groups and not-for-profit organisations.  Funding will be provided to the National Farmers' Federation to host and deliver the Farm Hub.

 

The initiative was announced by the Prime Minister, the Hon Scott Morrison MP, at the Drought Summit on 26 October 2018 and is part of the Government's package of assistance for drought relief. 

 

The Minister for Agriculture and Water Resources has portfolio responsibility for this matter.  The funding will be administered by the Department of Agriculture and Water Resources.

 

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