EXPLANATORY STATEMENT

Issued by the authority of the Minister for Finance and Administration

Financial Management and Accountability Act 1997

Determination 2006/43 to vary a Special Account

Purposes of Determination 2006/43

The attached instrument makes a determination under subsection 20 (2) of the Financial Management and Accountability Act 1997 (FMA Act) to vary a previous Special Account Determination.  This variation is in relation to the Determination titled Financial Management and Accountability (Determination 2003/05) Superannuation Productivity Benefits Aboriginal Tutorial Assistance Scheme Tutors Special Account – Establishment which established the Superannuation Productivity Benefits Aboriginal Tutorial Assistance Scheme Tutors Special Account. The determination changes the Special Account’s name to Aboriginal Tutorial Assistance Superannuation Special Account.

Special Accounts Generally

In accordance with the Constitution, all revenues or moneys raised or received by the Government of the Commonwealth form one Consolidated Revenue Fund (CRF) and may not be spent unless under an appropriation by the Parliament for the purposes of the Commonwealth.  A Special Account is established by a determination that sets out the amounts that may be credited 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 amounts from the CRF to be spent on a purpose specified in the Special Account.

Determinations that establish Special Accounts, or vary determinations that establish Special Accounts, are subject to section 22 of the FMA Act. Section 22 of the FMA Act requires the Finance Minister to table a copy of the establishing or varying determination 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 be abolished by a determination of the Finance Minister.  However, there is no requirement to table such a determination.

Operation of Determination 2006/43

Reasons for varying the Special Account

This Determination varies the Financial Management and Accountability (Determination 2003/05) Superannuation Productivity Benefits Aboriginal Tutorial Assistance Scheme Tutors Special Account – Establishment, which established the Superannuation Productivity Benefits Aboriginal Tutorial Assistance Scheme Tutors Special Account.

The Determination is required in order to give effect to changes that are required to the Special Account. The current purposes of the Special Account are:

(1)   The purposes for which the Superannuation Productivity Benefits Aboriginal Tutorial Assistance Scheme Tutors Special Account may be debited are to provide payments in respect to tutors who were previously contracted under the Aboriginal Tutorial Assistance Scheme who:

a)        are eligible to be paid an as yet unpaid Superannuation Productivity Benefit (SPB) which is payable as a result of contract payments made to them for tuition services between 1 July 1992 and 31 December 1995; and

b)        who provide the administering Agency with the necessary personal information to enable the unpaid SPB payment to be made.  This includes tutors who have previously lost contact with the Agency but who renominate themselves to provide tuition services under the programme.

Changes required

The changes required to the Special Account are set out below:

·                    the name of the Special Account has been changed so that it clearly describes what the Special Account is used for; and

·                    the purposes of the Special Account have been changed to better describe the activities of the Special Account. It is not intended to change the scope of the Special Account’s purposes.

As part of a programme to enhance the clarity of Special Account determinations and to remove any areas of doubt over the scope of the purposes of Special Accounts, the following changes are being incorporated within the determinations of all Special Accounts, where appropriate, and where the need for other variations arise:

·                    a provision to debit amounts relating to incidental activities.  This allows administration costs, including such items as auditing, reporting, budgeting, accounting and information technology services incurred in the course of operating the Special Account, to be debited from the Special Account.  The existing purpose clause would often allow the debiting of the Special Account for these costs, depending on the degree of directness of connection of the costs with other purposes of the Special Account.  The inclusion of the new incidental clause removes the need to obtain legal advice on the degree of directness of connection for individual transactions;

·                    a capacity to return excess amounts to the Budget (that is, reduce the balance of the Special Account without a real or notional payment).  This provision does not allow amounts to be transferred to another Special Account, or to be allocated for any other purpose, that is not consistent with the purposes of the Special Account;

·                    a clause to allow for amounts to be repaid when another Act or law allows it.  This has always been permitted by section 28 of the FMA Act, but is now included in determinations to simplify accounting for these transactions; and

·                    notes that identify general credits and debits that can be made to Special Accounts, for information purposes, in reliance on other laws.

Effect of this Determination

This Determination varies Financial Management and Accountability (Determination 2003/05) Superannuation Productivity Benefits Aboriginal Tutorial Assistance Scheme Tutors Special Account – Establishment to make its purposes and appearance consistent with a new template for all Special Account determinations.  The compiled determination will be in a format that makes the determination as clear and informative as possible.

Consultation

The Department of Education, Science and Training is the agency affected by this instrument.  The agency was provided with drafts of the instrument before it was finalised and agree 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 Aboriginal Tutorial Assistance Superannuation Special Account