COAG Legislation Amendment

Current status

This bill became law on Jul 5th, 2024.

Policy area

Government & democracy

What does this bill do?

Australian laws now rename the COAG Reform FundThe new name for the old COAG Reform Fund, used in funding laws that channel Commonwealth money to states and territories. as the Federation Reform FundThe new name for the old COAG Reform Fund, used in funding laws that channel Commonwealth money to states and territories., including in funding laws linked to disability care, disasters, roads, drought, housing, medical research, offshore energy and crime proceeds.

Why was it introduced?

COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. ended on 29 May 2020, leaving outdated references to COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law., the COAG Reform FundThe new name for the old COAG Reform Fund, used in funding laws that channel Commonwealth money to states and territories. and named ministerial councils across Commonwealth laws. This bill updates those laws to the new intergovernmental bodies and uses broader definitions so future name changes do not require more legislation.

Broader context

National CabinetThe newer national leaders' meeting that took over from COAG during the COVID-19 period. was established during the COVID-19 pandemic on 13 March 2020. COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. then formally ceased on 29 May 2020 and the National Federation Reform CouncilThe intergovernmental body that replaced part of COAG's old reform role before COAG formally ended. was formed, but many Commonwealth laws still referred to COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law., the COAG Reform FundThe new name for the old COAG Reform Fund, used in funding laws that channel Commonwealth money to states and territories. and named ministerial councils. The bill updated those laws to the new intergovernmental bodies, renamed the fund as the Federation Reform FundThe new name for the old COAG Reform Fund, used in funding laws that channel Commonwealth money to states and territories. and used broader definitions so future machinery-of-government name changes would require less legislative cleanup.

Key criticism

The main criticism was not of the policy goal but of the bill’s drafting and implementation risk: critics wanted it checked for unintended consequences or missed references while rewriting many laws after COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law.’s abolition. That concern came from Coalition speakers seeking a Senate inquiryA committee review in the Senate that examines a bill in detail and can recommend changes or further scrutiny. before settling their final position, rather than from broad opposition to the update itself.

Who supported it?

Patrick Gorman MP introduced this bill. It passed on the voices.

Introduced in House 29 Nov 2023
Passed House 07 Feb 2024
Passed Senate 27 June 2024
Became law 05 July 2024

Did it become law?

Yes

Became law 05 July 2024

Final passage

Passed without a counted vote

Members called out ‘aye’ or ‘no’ — no individual votes were recorded.

Passage speed

219 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. Australian laws now rename the COAG Reform FundThe new name for the old COAG Reform Fund, used in funding laws that channel Commonwealth money to states and territories. as the Federation Reform FundThe new name for the old COAG Reform Fund, used in funding laws that channel Commonwealth money to states and territories., including in funding laws linked to disability care, disasters, roads, drought, housing, medical research, offshore energy and crime proceeds.

  2. Australian laws now replace old references to COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. with the First Ministers’ Council, meaning a national leaders’ group that includes the Prime Minister, state premiers and territory chief ministers.

  3. Laws that rely on joint minister meetings now use a broader definition covering the relevant Commonwealth, state and territory ministers, so future renaming of those groups should not require more legal changes.

  4. Health laws now swap older named bodies for plainer current ones, including replacing the Australian Health Ministers’ Advisory Council with the Health Chief Executives Forum of top federal and state health officials.

  5. Past decisions and unfinished actions by COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. and other old intergovernmental bodies stay legally valid, and the minister can make extra transitional rulesExtra temporary rules the minister can make to help the law change over from old names and bodies to new ones. if needed to finish the changeover.

Show source excerpts
  1. Omit “COAG Reform Fund” (wherever occurring) and substitute “Federation Reform Fund” in the specified provisions of the Acts listed in this Part.
    COAG Legislation Amendment Act 2024 final Act text
  2. Substitute the outdated term of “COAG” with the term “First Ministers’ Council”, which is defined flexibly to mean “a body (however described) that consists only of, or that includes, the Prime Minister, the Premiers of each State and the Chief Ministers of the Australian Capital Territory and Northern Territory”. It is intended that this definition encompass any group that currently comprises, or will in future comprise, First Ministers (such as the current National Cabinet) as well as a group that comprises First Ministers and other representatives (such as the former National Federation Reform Council, which was constituted by both First Ministers and Treasurers of the Commonwealth, and each State and Territory, as well as the President of the Australian Local Government Association).
    COAG Legislation Amendment explanatory memorandum
  3. Retain the term “Ministerial Council”, but change the definition to mean a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to a particular portfolio issue. This broad definition is intended to enhance flexibility with any future changes to the title of an intergovernmental ministerial group so legislative changes to update titles are avoided.
    COAG Legislation Amendment explanatory memorandum
  4. Item 32 substitutes outdated references to “the Ministerial Conference” and “Australian Health Ministers’ Advisory Council”, with references to “the Ministerial Council” and “Health Chief Executives Forum” respectively.
    COAG Legislation Amendment explanatory memorandum
  5. Item 107 provides flexibility for the Minister to make rules to deal with any transitional matters in relation to this Act that may arise.
    COAG Legislation Amendment explanatory memorandum

Broader context for this bill

National CabinetThe newer national leaders' meeting that took over from COAG during the COVID-19 period. was established during the COVID-19 pandemic on 13 March 2020. COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. then formally ceased on 29 May 2020 and the National Federation Reform CouncilThe intergovernmental body that replaced part of COAG's old reform role before COAG formally ended. was formed, but many Commonwealth laws still referred to COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law., the COAG Reform FundThe new name for the old COAG Reform Fund, used in funding laws that channel Commonwealth money to states and territories. and named ministerial councils. The bill updated those laws to the new intergovernmental bodies, renamed the fund as the Federation Reform FundThe new name for the old COAG Reform Fund, used in funding laws that channel Commonwealth money to states and territories. and used broader definitions so future machinery-of-government name changes would require less legislative cleanup.

  1. 13 Mar 2020

    National CabinetThe newer national leaders' meeting that took over from COAG during the COVID-19 period. established for COVID-19 response

    Hansard records that National CabinetThe newer national leaders' meeting that took over from COAG during the COVID-19 period. was established on 13 March 2020 as part of Australia’s COVID-19 response, beginning the shift toward new federal-state coordination arrangements.

    Hansard ↗
  2. 29 May 2020

    COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. ceases and reform council is formed

    Official committee material records that COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. ceased and the National Federation Reform CouncilThe intergovernmental body that replaced part of COAG's old reform role before COAG formally ended. was formed on 29 May 2020, leaving outdated COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. references in Commonwealth laws.

    COAG Legislation Amendment explanatory memorandum ↗
  3. 29 Nov 2023

    Government introduces bill to update outdated COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. references

    The bill was introduced with a second reading speech saying it would reflect COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law.’s cessation by renaming the COAG Reform FundThe new name for the old COAG Reform Fund, used in funding laws that channel Commonwealth money to states and territories. and updating legislation to the new federal-state architecture.

    Hansard ↗
  4. 27 June 2024

    Parliament passes the bill

    Both houses passed the bill in the same form, clearing the way for the statutory renaming and reference changes across multiple Commonwealth acts.

    Parliamentary timeline ↗
  5. 05 July 2024

    Bill receives Royal AssentThe final step that turns a bill passed by Parliament into an Act of law.

    Royal AssentThe final step that turns a bill passed by Parliament into an Act of law. turned the bill into an Act, locking in the shift from COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law.-era names and definitions to the newer intergovernmental terminology.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 29 Nov 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 29 Nov 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 06 Feb 2024

The bill reached this recorded parliamentary step.

Sent to Federation Chamber for debate 06 Feb 2024

The bill reached this recorded parliamentary step.

Referred to Federation Chamber

Federation Chamber debate 06 Feb 2024

The bill reached this recorded parliamentary step.

Second reading debate

House second reading agreed 06 Feb 2024

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Returned from Federation Chamber 07 Feb 2024

The bill reached this recorded parliamentary step.

Reported from Federation Chamber

House third reading agreed 07 Feb 2024

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 08 Feb 2024

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 08 Feb 2024

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Finance and Public Administration Legislation Committee; Committee report (14/03/2024) review 08 Feb 2024

Referred to Committee (08/02/2024): Senate Finance and Public Administration Legislation Committee; Committee report (14/03/2024)

Referred to committee

APH bill page notes
Second reading debate 27 June 2024

The bill reached this recorded parliamentary step.

Senate second reading agreed 27 June 2024

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Senate third reading agreed 27 June 2024

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Passed both houses 27 June 2024

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 05 July 2024

The Governor-General gave Royal AssentThe final step that turns a bill passed by Parliament into an Act of law., turning the bill into an Act.

The main case against this bill

The main criticism was not of the policy goal but of the bill’s drafting and implementation risk: critics wanted it checked for unintended consequences or missed references while rewriting many laws after COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law.’s abolition. That concern came from Coalition speakers seeking a Senate inquiryA committee review in the Senate that examines a bill in detail and can recommend changes or further scrutiny. before settling their final position, rather than from broad opposition to the update itself.

No broader public case against the bill is recorded beyond review and drafting concerns.

Risk of missed or unintended legal changes

Coalition speakers said the bill looked like a housekeeping measure but still needed committee scrutiny because updating many old COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. references across different laws could miss provisions or create unintended consequences.

Raised by Coalition speakers including Angie Bell and James Stevens Source ↗

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

07 Feb 2024

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Passed

Senate passed the bill

Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

27 June 2024

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Patrick Gorman

Australian Labor Party • MP 29 Nov 2023

Gorman supports the bill, saying it updates outdated COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. references to match the post-COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. federal-state arrangements and avoid future legislative cleanup.

Read in Hansard ↗
Lead supporting voice Supports

James Stevens

Liberal Party • MP 06 Feb 2024

Stevens says the opposition will let the bill pass the House, but wants it sent to a Senate inquiryA committee review in the Senate that examines a bill in detail and can recommend changes or further scrutiny. to examine some parts and says future changes may depend on that review.

Read in Hansard ↗
Lead voice Supports

Jenny McAllister

Australian Labor Party • Senator 08 Feb 2024

McAllister supports the bill, saying it updates outdated COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. references and the federal-state machinery to fit the post-COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. system.

Read in Hansard ↗
Lead voice Mixed

Angie Bell

Liberal National Party • MP 06 Feb 2024

Bell says the coalition sees the bill as a housekeeping update to replace COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. references, but will not decide its final position until after a Senate committee inquiry.

Read in Hansard ↗

All speeches by bloc

Labor

3 speakers · 3 support

  1. Patrick Gorman Gorman supports the bill, saying it updates outdated COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. references to match the post-COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. federal-state arrangements and avoid future legislative cleanup.
    “This bill backs the federation and ensures we are best placed to meet our shared challenges for the future.”

    Australian Labor Party • MP • 06 Feb 2024

    Read the full speech in Hansard ↗

Coalition

3 speakers · 2 support · 1 mixed

  1. Susan McDonald Susan McDonald says the coalition will support the bill because it updates legislation to reflect the end of COAGThe old national forum of the Prime Minister, state premiers and territory chief ministers that this bill removes from Commonwealth law. and the continuation of the National CabinetThe newer national leaders' meeting that took over from COAG during the COVID-19 period., and she notes the committee recommended it be passed.
    “As such, the coalition will provide passage for this bill to update legislation to reflect the cessation of the Council of Australian Governments and the continuation of the National Cabinet.”

    National Party • Senator • 27 June 2024

    Read the full speech in Hansard ↗

Full record

Full chat