Federal Register of Legislation - Australian Government

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2006/05 Determinations/Financial (Other) as made
This Determination establishes a Special Account.
Administered by: Finance
General Comments: This Determination takes effect on the day immediately after the last day on which a House of Parliament could have passed a resolution disallowing it (see s 22(4) of the Financial Management and Accountability Act 1997). The Other Trust Moneys – Australian Sports Anti-Doping Authority Special Account was abolished by the Financial Management and Accountability Determination 2010/13 – Abolition of Inactive Special Accounts 2010 (see FRLI No. F2010L02726).
Exempt from sunsetting by the Financial Management and Accountability Act 1997 s 20(6)
Registered 16 May 2006
Tabling HistoryDate
Tabled HR22-May-2006
Tabled Senate13-Jun-2006
Date of repeal 19 Mar 2014
Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014
Table of contents.

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Finance and Administration

Financial Management and Accountability Act 1997

Determination 2006/05 to establish a Special Account

Purposes of Determination 2006/05

The attached instrument makes a determination under subsection 20 (1) of the Financial Management and Accountability Act 1997 (FMA Act) to establish a Special Account entitled Other Trust Moneys – Australian Sports Anti-Doping Authority Special Account.  It also specifies the nature of amounts that may be credited to, and the purposes for which amounts may be debited from, the Other Trust Moneys – Australian Sports Anti-Doping Authority Special Account.

Special Accounts Generally

In accordance with the Constitution, all revenues or moneys raised or received by the Executive Government of the Commonwealth form one Consolidated Revenue Fund (CRF) and may not be used unless in accordance with an appropriation by the Parliament for the purposes of the Commonwealth.  This determination establishes a Special Account, and sets out the amounts that may be credited to the Account and the purposes for which it may be debited.   Special Accounts established by determination are supported by an appropriation under section 20 of the FMA Act.  In effect, Special Accounts allow specified amounts from the CRF to be expended for a particular specified purpose.

The Finance Minister must table a copy of a determination relating to a Special Account in each House of Parliament.  Either House may disallow a determination within five sitting days of tabling.  If the determination is not disallowed, it comes into effect on the calendar day after the last day on which it could have been disallowed. 

Regulation 10 of the Legislative Instruments Regulations 2004 preserves the disallowance provisions under section 22 of the FMA Act by exempting Special Account determinations from subsections 57(2) and 57(5) of the Legislative Instruments Act 2003.

Special Accounts can also be abolished by a determination of the Finance Minister.  However, there is no requirement to table the determination to abolish a Special Account. 

Operation of the Determination 2006/05

Purpose of the Other Trust Moneys – Australian Sports Anti-Doping Authority Special Account

The determination is required in order to establish a Special Account, to enable the Australian Sports Anti-Doping Authority to temporarily hold amounts on behalf of persons or entities other than the Commonwealth.

Other Trust Moneys Special Accounts provide agencies with an ability to hold amounts on behalf of others and the appropriation to expend these amounts.  Typically Other Trust Moneys Special Accounts are used to accommodate small amounts of miscellaneous moneys.  For example, the Other Trust Moneys Special Account may be used to provide an appropriation to allow moneys found by Commonwealth officials to be paid to their rightful owner once the owner has been identified.  It may also be used to hold amounts received from Comcare in relation to employees entitled to receive workers’ compensation payments.

At the commencement of the FMA Act on 1 January 1998 a determination of the Finance Minister created Other Trust Moneys Special Accounts for all agencies that existed at that time.  The Australian Sports Anti-Doping Authority was created on 14 March 2006 and has identified amounts that will be required to hold in an Other Trust Moneys Special Account.

The estimates of transactions on the Special Account represent superannuation amounts for former employees which are expected to be paid to the relevant superannuation fund.  These moneys are expected to be paid out within the 2005-06 financial year.

Should the Australian Sports Anti-Doping Authority change its name, due to a change in legislation or for some other reason, it is intended that the Special Account be retained by the successor agency.  This will enable the amounts in the Special Account at that time to remain with the relevant agency.

Clause 5 specifies the purposes for which a Special Account can be debited.

  • Paragraph 5(a) describes the primary purpose for expenditure of amounts from the Special Account.
  • Paragraph 5(b) allows the Special Account to be debited, in a manner that would otherwise be permitted by section 28 of the FMA Act. It is included to simplify accounting for these transactions.

Consultation

The Australian Sports Anti-Doping Authority is the agency affected by this instrument.  The agency was provided with drafts of the instrument and agrees with the form of the instrument.  As the instrument is for internal machinery of government purposes only, no consultation was considered necessary with other persons (see sections 17 and 18 of the Legislative Instruments Act 2003).

Estimates of transactions on the Other Trust Moneys – Australian Sports Anti-Doping Authority Special Account

 

Opening Balance

2006-07

2005-06

$’000

Credits

 

2006-07

2005-06

$’000

Debits

 

2006-07

2005-06

$’000

Closing Balance

2006-07

2005-06

$’000

Other Trust Moneys – Australian Sports Anti-Doping Authority Special Account

0

0

0

0

0

67

67

0