Appendix C: Statement of Risks (continued)
Significant but remote contingencies
Communications and the Arts
NBN Co Limited — Equity Agreement
The Australian Government has entered into an Equity Funding Agreement with NBN Co Limited (NBN Co). The Agreement formalises the Australian Government's intention to provide equity to fund the roll‑out of the National Broadband Network, with such funding being conditional on the annual appropriation processes. In addition, it commits the Australian Government, in the event of a termination of the National Broadband Network roll‑out, to provide sufficient funds to NBN Co to meet its costs arising from that termination. Although the NBN Co Equity Funding Agreement will end in 2019, the Commonwealth would retain obligations to meet NBN Co's costs arising from a termination of the roll‑out. As at 30 September 2015, NBN Co's termination liabilities were estimated at $9.1 billion.
Optus financial guarantee
The Australian Government has provided a guarantee in respect of the NBN Co Limited's (NBN Co) financial obligations to Optus Networks Pty Ltd, Optus Internet Pty Limited, Optus Vision Media Pty Limited and SingTel Optus Pty Ltd (collectively, Optus) under the Optus HFC Subscriber Agreement. An amended version of that Agreement came into effect on 19 September 2015. The Agreement extends for the period of the National Broadband Network roll‑out in Optus Hybrid Fibre Coaxial areas. As at 30 September 2015, NBN Co had generated liabilities covered by the Optus Agreement estimated at $23.8 million. The Guarantee will terminate in 2021.
Telstra financial guarantee
The Australian Government has provided a guarantee to Telstra Corporation Limited (Telstra) in respect of NBN Co Limited's (NBN Co) financial obligations to Telstra under the Definitive Agreements. The Agreements were amended on 14 December 2014. The Guarantee was not amended at that time and it continues in force in accordance with its terms in respect of the amended Definitive Agreements. The liabilities under the agreements between Telstra and NBN Co arise progressively during the roll‑out of the National Broadband Network as Telstra's infrastructure is accessed and Telstra's customers are disconnected from its copper and Hybrid Fibre Coaxial cable networks. The Australian Government is only liable in the event NBN Co does not pay an amount when due under the Definitive Agreements. As at 30 September 2015, NBN Co had generated liabilities covered by the guarantee estimated at $4.1 billion. The guarantee will terminate when NBN Co achieves specified credit ratings for a period of two continuous years and either:
- the company is capitalised by the Commonwealth to the agreed amount; or
- the Communications Minister declares, under the National Broadband Network Companies Act 2011, that, in his or her opinion, the National Broadband Network should be treated as built and fully operational.
Termination of the funding agreement with OPEL Network Pty Ltd
As at 31 October 2015, the Australian Government is a party to legal action brought by OPEL Networks Pty Ltd (in Liquidation) (OPEL) and Optus Networks Pty Ltd (Optus) in relation to an agreement under the Broadband Connect Infrastructure Programme. OPEL is a joint venture between Optus and Elders Telecommunications Infrastructure Pty Ltd. The outcome of that litigation is unknown as the proceedings are ongoing.
These significant remote contingent liabilities are restricted in nature and details are not given due to reasons of commercial in confidence and/or national security.
As at 31 October 2015, the Department of Defence carried 1,455 instances of quantifiable remote contingent liabilities valued at $5.5 billion and 448 instances of unquantifiable remote contingent liabilities, of which 439 relate to Foreign Military Sales. Defence also had three instances of quantifiable remote contingent assets valued at $0.3 million.
The Department of Defence is involved in a wide range of litigation and other claims for compensation and/or damages that may result in litigation where the matters are not able to be finalised by use of negotiation. The litigation includes common law liability claims, including for personal injury and property damage. A number of claims have been received seeking compensation for loss, injury or damage caused by the use of a Defence Practice Area. A number of claims have also been received following reviews into Australian Defence Force and Defence culture. There is potential for claims to arise from the disposal of assets to third parties where such assets contain hazardous materials or components that have the potential to cause injury.
jobactive — Employment Fund
The estimates for the Department of Employment jobactive programme include anticipated expenditure for the Employment Fund (EF). The EF provides a flexible pool of funding available to jobactive providers to deliver assistance to job seekers to help them find and keep a job. Amounts are credited to the EF based on a job seeker's assessed level of disadvantage. Experience with the former Employment Pathway Fund suggests that all credits will not be used during the life of the jobactive contracts. The forward estimates do not include the value of residual credits from the EF that are not expected to be spent during the current contract period.
Financial Claims Scheme
The Financial Claims Scheme provides depositors of authorised deposit‑taking institutions (ADIs) and claimants of general insurers with timely access to their funds in the event of a financial institution failure.
Under the Banking Act 1959 the scheme provides a mechanism for making payments to depositors under the Government's guarantee of deposits in ADIs. Payments are capped at $250,000 per account holder per ADI. As at 30 June 2015, deposits eligible for coverage under the Financial Claims Scheme were estimated to be $777 billion, compared to an estimated $766 billion as at 31 December 2014, reflecting overall deposit growth in the financial system.
Under the Insurance Act 1973 the scheme provides a mechanism for making payments to eligible beneficiaries with a valid claim against a failed general insurer.
In the very unlikely event of an ADI or general insurer failure, any payments made under the Financial Claims Scheme would be recovered through the liquidation of the failed institution. If there was a shortfall in the amount recovered through the liquidation of the failed institution, a levy could be applied to the relevant industry to recover the difference between the amount expended and the amount recovered in the liquidation.
The Australia Prudential Regulation Authority (APRA) is responsible for the Financial Claims Scheme. Under the Financial Claims Scheme, any payments to account‑holders with eligible protected accounts or eligible claimants would be made from APRA's Financial Claims Scheme Special Account. Under the legislation, upon activation, up to $20 billion per institution would be available to meet Financial Claims Scheme payments and up to $100 million for administration costs per institution.
Guarantee of State and Territory Borrowing
The Australian Government announced on 25 March 2009 that a voluntary, temporary guarantee would be put in place over State and Territory borrowing. The Guarantee of State and Territory Borrowing commenced on 24 July 2009 and closed on 31 December 2010.
Securities covered by the guarantee will continue to be guaranteed until these securities either mature or are bought back and extinguished by the issuer.
The expected liability under the guarantee is remote and unquantifiable. Australian Government expenditure would arise under the guarantee only in the unlikely event that a State or Territory failed to meet its obligations with respect to a commitment that was subject to the guarantee and the guarantee was called upon. In such a case, the Government would likely be able to recover any such expenditure through a claim on the relevant State or Territory at a future date. The impact on the Government's budget would depend upon the extent of the default and the State or Territory's ability to meet the Government's claim.
As at 31 October 2015, the face value of State and Territory borrowings covered by the guarantee was $10.8 billion, down from $12.3 billion at 31 March 2015.
Guarantees under the Commonwealth Bank Sale Act 1995
Under the terms of the Commonwealth Bank Sale Act 1995, the Australian Government has guaranteed various superannuation and other liabilities: $553 million is attributable to liabilities of the Commonwealth Bank of Australia, as at 30 September 2015; and $4.4 billion is attributable to liabilities of the Commonwealth Bank Officers' Superannuation Corporation, as at 30 September 2015.
Reserve Bank of Australia — guarantee
The Australian Government guarantees the liabilities of the Reserve Bank of Australia, measured as the Bank's total liabilities excluding capital, reserves, and Australian Government deposits. The major component of the Bank's liabilities is Australian banknotes on issue. Notes on issue amount to $68.3 billion, as at 20 October 2015, and the total guarantee is $102.7 billion ($101.9 billion at the 2015‑16 Budget).