Senator JACINTA COLLINS (Victoria—Manager of Government Business in the Senate and Parliamentary Secretary for School Education and Workplace Relations) (15:33): I give notice that, on the next day of sitting, I shall move: That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Financial Framework Legislation Amendment Bill (No. 3) 2012, allowing it to be considered during this period of sittings. I also table a statement of reasons justifying the need for this bill to be considered during these sittings and seek leave to have the statement incorporated in Hansard. Leave granted. The statement read as follows— STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2012 WINTER SITTINGS FINANCIAL FRAMEWORK LEGISLATION AMENDMENT BILL (N o . 3) 2012 Purpose of the Bill The Financial Framework Legislation Amendment Bill (No. 3) 2012 will: - amend the Financial Management and Accountability Act 1997 (FMA Act) to: clarify that Chief Executives of FMA Act Agencies have power to make, vary and administer arrangements, on behalf of the Commonwealth, in relation to the affairs of their Agencies; and establish specific legislative authority for the Commonwealth to make, vary and administer arrangements and grants and make payments under certain programs that are prescribed in the Financial Management and Accountability Regulations 1997 (FMA Regulations); - amend the FMA Regulations to: establish a new Schedule in which to prescribe arrangements, grants and programs under which payments can be made; and prescribe a list of arrangements and programs in this new Schedule; - amend the FMA Act to enable Ministers to delegate the power to make, vary or administer an arrangement to officials; - amend Schedule 1 of the Administrative Decisions (Judicial Review) Act 1977 (ADJR Act) to exempt from review under the ADJR Act decisions to make, vary and administer certain arrangements, grants and programs in accordance with the new legislative authority in the FMA Act; - establish transitional arrangements to provide legislative authority for prescribed programs and arrangements that are in force immediately before the FFLA Bill commences; and Reasons for Urgency It is important that the Bill be passed in the Winter 2012 sittings to provide specific legislative authority for the Commonwealth to fund existing programs, and to enter into arrangements for expenditure. The FFLA Bill responds to the decision of the High Court on 20 June 2012 in Williams v Commonwealth [2012] HCA 2, which found that the Commonwealth executive government could not enter into agreements and make payments without legislative authority. Appropriation legislation and subsection 44(1) of the FMA Act are not sufficient. Many existing programs, without clear legislative authority, are in real peril. The FFLA Bill seeks to ensure that the status quo can be maintained and that recipients of Commonwealth funding will not be detrimentally affected.