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DISABILITYCARE AUSTRALIA FUND ACT 2013 - SECT 29

DisabilityCare Australia Fund Investment Mandate

  (1)   The responsible Ministers may give the Future Fund Board written directions about the performance of its DisabilityCare Australia Fund investment functions, and must give at least one such direction.

Note 1:   DisabilityCare Australia Fund investment function is defined in section   4.

Note 2:   For variation and revocation, see subsection   33(3) of the Acts Interpretation Act 1901 .

  (2)   Subsection   (1) has effect subject to section   30.

  (3)   In giving a direction under subsection   (1), the responsible Ministers must have regard to:

  (a)   maximising the return earned on the DisabilityCare Australia Fund, consistent with international best practice for institutional investment; and

  (b)   enhancing the Commonwealth's ability:

  (i)   to reimburse the States and Territories for expenditure incurred in relation to the National Disability Insurance Scheme Act 2013 ; and

  (ii)   to reimburse the Commonwealth for expenditure incurred in relation to the National Disability Insurance Scheme Act 2013 ; and

  (c)   such other matters as the responsible Ministers consider relevant.

  (4)   Directions under subsection   (1) are to be known collectively as the DisabilityCare Australia Fund Investment Mandate .

  (5)   A direction under subsection   (1) may set out the policies to be pursued by the Future Fund Board in relation to:

  (a)   matters of risk and return; and

  (b)   the allocation of financial assets.

A policy relating to the allocation of financial assets must not be inconsistent with a policy relating to matters of risk and return.

  (6)   Subsection   (5) does not limit subsection   (1).

  (7)   Subsection   (5) has effect subject to section   30.

  (8)   The DisabilityCare Australia Fund Investment Mandate prevails over subsection   (12) to the extent of any inconsistency.

  (9)   The responsible Ministers must not give a direction under subsection   (1) that is inconsistent with this Act (other than subsection   (12)).

  (10)   A direction under subsection   (1) must not take effect before the 15th day after the day on which it is given.

  (11)   A direction under subsection   (1) is a legislative instrument.

Note 1:   Section   42 (disallowance) of the Legislation Act 2003 does not apply to the direction--see regulations made for the purposes of paragraph   44(2)(b) of that Act.

Note 2:   Part   4 of Chapter   3 (sunsetting) of the Legislation Act 2003 does not apply to the direction--see regulations made for the purposes of paragraph   54(2)(b) of that Act.

  (12)   In the performance of its DisabilityCare Australia Fund investment functions, the Future Fund Board must seek to:

  (a)   maximise the return earned on the DisabilityCare Australia Fund, consistent with international best practice for institutional investment; and

  (b)   enhance the Commonwealth's ability:

  (i)   to reimburse the States and Territories for expenditure incurred in relation to the National Disability Insurance Scheme Act 2013 ; and

  (ii)   to reimburse the Commonwealth for expenditure incurred in relation to the National Disability Insurance Scheme Act 2013 .

Note:   DisabilityCare Australia Fund investment function is defined in section   4.

  (13)   Subsection   (12) has effect subject to:

  (a)   this Act; and

  (b)   a direction under subsection   (1).



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