Commonwealth Numbered Acts

EMERGENCY RESPONSE FUND ACT 2019 (NO. 90, 2019) - SECT 28

Amounts payable under arrangements

             (1)  If:

                     (a)  one or more arrangements have been, or will be, made under subsection 20(1); and

                     (b)  the Emergency Management Minister is satisfied that one or more amounts (the committed amounts ) will become payable by the Commonwealth during a financial year under those arrangements;

the Emergency Management Minister may, during the financial year, request the Finance Minister to transfer a specified amount (which must equal the total of the committed amounts) from the Emergency Response Fund Special Account to the Home Affairs Emergency Response Fund Special Account.

             (2)  The Emergency Management Minister must not make more than one request under subsection (1) in relation to a particular amount that will become payable by the Commonwealth under a subsection 20(1) arrangement.

             (3)  To avoid doubt, the Emergency Management Minister may make 2 or more requests under subsection (1) during a financial year.

Grants

             (4)  If the Emergency Management Minister decides that one or more grants should be made under subsection 20(1) during a financial year to persons other than a State or Territory, the Emergency Management Minister may, during the financial year, request the Finance Minister to transfer a specified amount (which must equal the total amount of the grants) from the Emergency Response Fund Special Account to the Home Affairs Emergency Response Fund Special Account.

Note:          For a grant to a State or Territory, see section 32 (channelling State/Territory grants through the COAG Reform Fund).

             (5)  The Emergency Management Minister must not make more than one request under subsection (4) in relation to a particular subsection 20(1) grant.

             (6)  To avoid doubt, the Emergency Management Minister may make 2 or more requests under subsection (4) during a financial year.

Transfer

             (7)  If:

                     (a)  during a financial year, the Emergency Management Minister requests the Finance Minister under subsection (1) or (4) to transfer an amount from the Emergency Response Fund Special Account to the Home Affairs Emergency Response Fund Special Account; and

                     (b)  the Finance Minister is satisfied that the transfer will not contravene subsection 34(1) (annual limit);

the Finance Minister must, in writing, direct that a specified amount (which must equal the requested amount) is to be:

                     (c)  debited from the Emergency Response Fund Special Account; and

                     (d)  credited to the Home Affairs Emergency Response Fund Special Account;

on a specified day during the financial year.

             (8)  A direction under subsection (7) is not a legislative instrument.

             (9)  The Finance Minister must give a copy of a direction under subsection (7) to the Treasurer and the Emergency Management Minister.