I, PENELOPE YING YEN WONG, Minister for Finance and Deregulation, make this determination under subsections 20 (2) and 20 (3) of the Financial Management and Accountability Act 1997.

Dated 18^th June 2013

1                Name of Determination

                This determination is the FMA Act (Variations and abolitions of Special Accounts) Determination 2013/05 (the Determination).

Note 1:  All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the LI Act. See http://www.comlaw.gov.au.

Note 2: Section 48A of the LI Act provides for the automatic repeal of amending and abolishing instruments, such as the Determination.  The repeal happens on the day after the last occurrence of either: (a) the commencement of the Determination or of the last of its provisions to commence; or (b) the registration of the Determination.  The repeal does not affect any change to Special Accounts made by the Determination.

2                Commencement

                The Determination commences after both the following events have occurred:  the Determination takes effect in accordance with subsection 22 (4) of the FMA Act, and the Litigants’ Fund Special Account commences.

Note       Subsection 22(4) of the FMA Act requires that the Determination be tabled in Parliament for five full sitting days in each House before it can take effect, and either House may pass a resolution disallowing the Determination. If neither House passes such a resolution, the Determination takes effect on the day next following the last day upon which such a resolution could have been passed.

3                 Variations

                For paragraph 20 (2) of the FMA Act,

(a)        Schedule 1 varies the Financial Management and Accountability (Determination 2004/05 — Federal Magistrates Court Litigants’ Fund Special Account) Establishment 2004;

(b)       Schedule 2 varies the Financial Management and Accountability (Determination 2004/06 — Family Court of Australia Litigants’ Fund Special Account) Establishment 2004.

4                 Abolitions

                For paragraph 20 (3) of the FMA Act, each Special Account listed below:

                            Federal Magistrates Court Litigants’ Fund Special Account;

                            Family Court of Australia Litigants’ Fund Special Account

                is abolished on the earlier of:

(a)        the day when its balance reaches zero;

                            (b)       31 December 2013.

5                 Definitions

                In the Determination:

FMA Act means the Financial Management and Accountability Act 1997.

LI Act means the Legislative Instruments Act 2003.

Special Account has the meaning given by section 5 of the FMA Act.

Schedule 1:  Variation of the Financial Management and Accountability (Determination 2004/05 — Federal Magistrates Court Litigants’ Fund
Special Account) Establishment 2004

(subclause 3(a))

Section 5, insert:

(c)    to make payments to the Litigants' Fund Special Account.

Schedule 2:  Variation of the Financial Management and Accountability (Determination 2004/06 — Family Court of Australia Litigants’ Fund
Special Account) Establishment 2004

(subclause 3(b))

Section 5, insert:

(c)    to make payments to the Litigants' Fund Special Account.