Federal Register of Legislation - Australian Government

Primary content

2009/01 Determinations/Financial (Appropriation) as made
This Determination increases the administered appropriations of Agencies involved in initiatives that expand employment opportunities for indigenous people with administered payments debited from the Indigenous Employment Special Account or the Northern Territory Flexible Funding Pool Special Account.
Administered by: Finance
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 41
Registered 07 Jul 2009
Tabling HistoryDate
Tabled HR11-Aug-2009
Tabled Senate11-Aug-2009
Date of repeal 01 Jul 2013
Repealed by Other
Repealing Comments Enabling legislation repealed by Statute Stocktake (Appropriations) Act 2013 (Act No. 132 of 2013).

EXPLANATORY STATEMENT

 

Appropriation Act (No. 1) 2009-2010, paragraph 14(1)(b) - Indigenous Employment Special Account Receipts 2009-2010

 

The Determination to which this explanatory statement relates

This explanatory statement relates to a Determination (the Determination) made under paragraph 14(1)(b) of Appropriation Act (No. 1) 2009-2010 (Appropriation Act No. 1), which is entitled, Appropriation Act (No. 1) 2009-2010 – Section 14 Determination 2009/01 – Indigenous Employment Special Account Receipts 2009‑2010. The Determination takes effect on 1 July 2009.

The legislative authority under which the Determination is made

Section 14 of Appropriation Act No. 1 is entitled “Indigenous Employment Special Account receipts”. Section 14 of Appropriation Act No. 1 provides an appropriation for agencies to increase existing administered items with amounts debited from the Indigenous Employment Special Account (IE Special Account) or the Northern Territory Flexible Funding Pool Special Account (NTFFP Special Account).

The IE Special Account was established under section 20 of the Financial Management and Accountability Act 1997 on 1 July 2009. Its purpose is to develop, promote, assist or implement initiatives that expand employment opportunities for indigenous people. The Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) is responsible for managing the IE Special Account.

The NTFFP Special Account was established under section 20 of the Financial Management and Accountability Act 1997 and came into effect on 21 September 2007. It was established to develop, promote, assist or implement employment creation initiatives related to the Northern Territory Emergency Response. FaHCSIA is responsible for managing the NTFFP Special Account.

The IE Special Account and NTFFP Special Account are credited by an appropriation administered by FaHCSIA. Amounts debited from the IE Special Account or the NTFFP Special Account may be paid by FaHCSIA to agencies on an as needed basis in order to meet agreed outcomes in relation to the purposes of the IE Special Account or the NTFFP Special Account.

Paragraph 14(1)(b) of Appropriation Act No. 1 enables the Finance Minister to make a written Determination so that an amount debited from the IE Special Account or the NTFFP Special Account may be credited to the administered item of an agency specified in the Determination.

Subsection 14(3) of Appropriation Act No. 1 requires that amounts debited from the IE Special Account or the NTFFP Special Account be applied by the agency in accordance with the conditions (if any) set out in the Determination. The Determination stipulates that all amounts received by an agency that increase the relevant administered item of that agency must be applied in a manner that is consistent with the purposes of the Special Account that was used to credit the relevant administered item.


Purpose and operation of the Determination

The Determination will allow amounts debited from the IE Special Account or the NTFFP Special Account to be credited to the administered item of an agency specified in the Determination.

The Government decided to broaden the geographic range of activities funded through the NTFFP Special Account from March 2009. To facilitate this, Determination 2009/08, entitled Indigenous Employment Special Account Establishment 2009 established the IE Special Account. The IE Special Account is intended to replace the NTFFP Special Account.

Determination 2009/09, entitled Northern Territory Flexible Funding Pool Special Account Variation and Abolition 2009 varies the NTFFP Special Account to allow its balance to be credited to the new IE Special Account. Clause 4 of Determination 2009/09 provides that the NTFFP Special Account will be abolished when its balance reaches zero. There may be two Special Accounts with the same purpose, operating for a short period of time until the crediting has occurred.

Pursuant to subsection 14(2) of Appropriation Act No. 1, an administered item specified in the Determination is taken to be increased by the amount of the debit from the IE Special Account or the NTFFP Special Account, and at the time when an entry recording the payment is made in the accounts and records of the receiving agency.

The agencies affected by the Determination are: the Attorney-General’s Department; the Department of Education, Employment and Workplace Relations; the Department of the Environment, Water, Heritage and the Arts; FaHCSIA; and the Department of Health and Ageing.

Notes on the Determination

The Determination only applies to administered items in Appropriation Act (No.1) 2009‑2010. Further Determinations will be issued as required under future annual appropriation Acts.

Consultation

The affected agencies were provided with drafts of the Determination before the Determination was finalised and agreed with the form of the Determination. As the Determination 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).

Additional Information

Pursuant to subsection 14(4) of Appropriation (Act No. 1) 2009-2010, the Determination is not subject to the parliamentary disallowance (section 42 of the Legislative Instruments Act 2003) and sunsetting provisions (Part 6 of the Legislative Instruments Act 2003).