Federal Register of Legislation - Australian Government

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2011/06 Determinations/Financial (Other) as made
This Determination establishes the Services for Other Entities and Trust Moneys – ComSuper Special Account, which was established on 17 May 2011.
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).

This determination was originally made under subsection 20(1) of the Financial Management and Accountability Act 1997 and from 1 July 2014 is taken to have been made under subsection 78(1) of the Public Governance, Performance and Accountability Act 2013 (see Schedule 2, Part 2, item 36 of the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014).
Registered 01 Jun 2011
Tabling HistoryDate
Tabled HR14-Jun-2011
Tabled Senate15-Jun-2011

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Finance and Deregulation

Financial Management and Accountability Act 1997

Financial Management and Accountability (Establishment of Special Account for ComSuper) Determination 2011/06

Purpose of the Determination

The instrument is made under subsection 20 (1) of the Financial Management and Accountability Act 1997 (FMA Act) and establishes a Special Account entitled the Services for Other Entities and Trust Moneys - ComSuper 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 Services for Other Entities and Trust Moneys - ComSuper 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 may be 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 the purposes specified in the determination.

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 the 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, such a determination is not subject to parliamentary disallowance.

Operation of this Determination

Reasons for establishing a new SOETM Special Account

Most agencies under the FMA Act administer either a Services for Other Entities and Trust Moneys (SOETM) Special Account or other Special Accounts that together encompass the purposes of a SOETM Special Account. 

The SOETM Special Account will enable ComSuper to continue to hold and expend amounts on behalf of persons or entities other than the Commonwealth.


Typically the SOETM Special Account will be used to accommodate small amounts of miscellaneous moneys.  For example, the SOETM Special Account may be used to hold amounts received in connection with services performed for or on behalf of any persons or entities that are not Agencies as prescribed under the FMA Act, such as other governments.

Clause 6 of the Determination specifies the purposes for which the Special Account can be debited.

  • Subclauses 6 (a) and (b) describe the primary purposes for expenditure of amounts from the Special Account.
  • Subclause 6 (c) allows the Special Account to the 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.
  • Subclause 6 (d) allows the balance of the Special Account to be reduced without a real or notional payment occurring.  It is included to ensure that these amounts are not set aside indefinitely.

Consultation

ComSuper is the Agency affected by this determination and was provided with an opportunity to comment on a draft of this instrument and to supply data for the “Estimates of Transactions Table”.  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 Special Account

The table below outlines the estimated movement of appropriations within the Special Account. 

 

 

($’000)

Opening Balance

Credits(1)

Debits(2)

Closing Balance

Services for Other Entities and Trust Moneys - ComSuper Special Account

2010-2011

0

1,524,530

0

1,524,530

2011-2012

1,524,530

1,085,539

1,082,154

3,385

 

Note: these figures are estimates for the 2010-2011 and the 2011-12 Financial Years provided by the responsible Agency. 

(1)       Reflects the anticipated amounts credited to the Special Account.

(2)       Reflects the anticipated amounts debited from the Special Account.