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Bilateral Agreement - VIC

("this Bilateral Agreement") is made in 2008.

Between the

COMMONWEALTH OF AUSTRALIA ("the Commonwealth")

And

THE STATE OF VICTORIA ("the State") (the Parties).

RECITALS

  1. The Commonwealth and the State are parties to an Agreement made between the Commonwealth and the State dated the 5 day of June 20th day of June 2003 ("the CSTDA") the purposes of which Agreement are set out in paragraphs (a) to (g) inclusive of Recital A to the CSTDA including:

    "(a) provide for a national framework outlining the objective and policy priorities for services to people with disabilities across Australia to be progressed over the life of the Agreement, and outline a means for measuring and publicising the progress of Governments towards achieving this national framework (clauses 4 and 7)"

  2. Recital B of the CSTDA provides that the Commonwealth and individual States/Territories may make Bilateral Agreements, the purposes of the Bilateral Agreements being set out in Recital B of the CSTDA, including to:

    "(a) provide for action between the Commonwealth and individual States/Territories on strategic disability issues within the broad national framework".

  3. Clause 2 of Part 2 of the CSTDA provides that:
    2(1) A Bilateral Agreement made between the Commonwealth and a State/Territory shall come into effect in respect of those parties on a date to be specified in the Bilateral Agreement and shall continue for the term to be specified in the Bilateral Agreement.

    2(2) A Bilateral Agreement shall (unless otherwise agreed between the parties to the Bilateral Agreement) contain the same terms and conditions as those which are contained in this Agreement.

  4. Clause 8(7) of Part 8 of the CSTDA provides that:

    8(7) Ministers may negotiate additional funding to progress policy priorities and systemic and service reforms within the scope of the Agreement, including the transfer of services and or recipients from one jurisdiction to another. The Commonwealth and the States/Territories may agree bilaterally on the contribution of funds, new or existing, for this purpose".

     

  5. The Funding under this bilateral agreement is specifically covered by Commonwealth State Territory Disability Agreement SPP Appropriation. The Parties have relied on ATO GSTR 2006-11 for their understanding that the Funding is specifically covered by an appropriation under an Australian law. No GST will be payable on this funding because the funding meets the requirements of section 9-15(3)(c) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) and GSTR 2006-11.

NOW IT IS AGREED AS FOLLOWS:

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Part 1 - Term and Duration

Schedule 3