1 Name of Special Instructions
These Special Instructions are the Financial Management and Accountability Special Instructions (Federal Magistrates Court) 2004 (No. 1).
2 Commencement
These Special Instructions commence on the commencement of the Financial Management and Accountability (Determination 2004/05 — Federal Magistrates Court of Australia Litigants’ Fund Special Account) Establishment 2004.
3 Definitions
In these Special Instructions:
Federal Magistrates Court:
(a) means the Federal Magistrates Court; and
(b) in paragraph 4 (b) and section 5 — includes an official for that Court.
FMA Act means the Financial Management and Accountability Act 1997.
4 Application of Special Instructions
These Special Instructions apply if:
(a) the Federal Magistrates, or a majority of them, make a Rule of Court, in accordance with subsection 81 (1) of the Federal Magistrates Act 1999, about the investment of special public money standing to the credit of the Federal Magistrates Court Litigants’ Fund Special Account; and
(b) the Rule of Court directs the Federal Magistrates Court to invest the special public money in an investment other than an authorised investment for subsection 39 (10) of the FMA Act.
5 Special Instructions
(1) The Federal Magistrates Court, in its capacity as a delegate of the Finance Minister under section 39 of the FMA Act, is authorised to invest the special public money in the investment, and must act in accordance with:
(a) any order made under the Rule of Court, requiring the Federal Magistrates Court to invest the special public money in an investment other than an authorised investment; and
(b) section 39 of the FMA Act.
(2) However, the investment must not be inconsistent with the terms of any trust that applies to the special public money.