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Determinations/Financial (Other) as made
This determination varies the Financial Management and Accountability Determination 2005/08 — Energy Special Account Establishment 2005 and the Financial Management and Accountability (Establishment of the Climate Change Special Account) Determination 2012/06, and establishes the Energy Special Account 2015.
Administered by: Finance
Registered 26 Aug 2015
Tabling HistoryDate
Tabled HR07-Sep-2015
Tabled Senate07-Sep-2015

Commonwealth Coat of Arms

PGPA Act (Energy Special Account
2015—Establishment) Determination 2015/
07

Public Governance, Performance and Accountability Act 2013

I, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make this determination.

 

 

_____________________________________________

MATHIAS HUBERT PAUL CORMANN

Minister for Finance

 

Dated: 17 August 2015

 

Part 1 - Establishment

1             Name of determination

This determination is the PGPA Act (Energy Special Account 2015—Establishment) Determination 2015/07.

Note 1      All special account determinations and compilations are registered on the Federal Register of Legislative Instruments (FRLI) kept under the Legislative Instruments Act 2003. See http://www.comlaw.gov.au

Note 2    The Determination is subject to Part 6 (sunsetting) of the Legislative Instruments Act 2003. The sunsetting provisions mean that this special account will be repealed on the earlier of 1 April or 1 October falling on or after the tenth anniversary of registration.

2             Commencement

This determination takes effect on the day specified in paragraph 79(5)(a) of the PGPA Act.

3             Legislative authority

This determination is made under subsections 78(1) and (3) of the PGPA Act.

4             Definitions

In this determination:

accountable authority has the meaning given by the PGPA Act.

National Partnership Agreement on Energy Efficiency means the agreement made by the Council of Australian Governments on 2 July 2009.

PGPA Act means the Public Governance, Performance and Accountability Act 2013.

5             Establishment

For paragraph 78(1)(a) of the PGPA Act, a special account is established with the name Energy Special Account 2015 (the special account).

6             Accountable authority

For paragraph 78(1)(d) of the PGPA Act, the accountable authority for the special account is the Secretary of the Department of Industry and Science.

7             Amounts that are allowed to be credited

            For paragraph 78(1)(b) of the PGPA Act, the following amounts are allowed to be credited to the special account:

(a)    amounts received in the course of the performance of functions that relate to the purposes of the Energy Special Account;

(b)   amounts received from any person for the purposes of the Energy Special Account;

(c)    amounts received for the purpose of the National Partnership Agreement on Energy Efficiency;

(d)   amounts that have been debited from the Energy Special Account that was established by the Financial Management and Accountability Determination 2005/08 — Energy Special Account Establishment 2005;

(e)    amounts that have been debited from the Climate Change Special Account that was established by the Financial Management and Accountability (Establishment of the Climate Change Special Account) Determination 2012/16.

 

Note 1      An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account.

Note 2      An amount debited from the special account, which is repaid to the Commonwealth, may be re‑credited to the special account under paragraph 74(1)(b) of the PGPA Act.

8             Purposes for which amounts are allowed to be debited

For paragraph 78(1)(c) of the PGPA Act, the purposes for which amounts are allowed to be debited from the special account are:

(a)      conducting activities that contribute to policy development in the energy and resources sectors, including, but not limited to:

                                     (i)            energy market reform;

                                   (ii)            energy efficiency;

                                 (iii)            energy security;

                                 (iv)            renewable and distributed energy generation;

                                   (v)            resource exploration and development;

                                 (vi)            petroleum (oil and gas);

                               (vii)            clean energy technology;

                             (viii)            land access;

                                 (ix)            mining and minerals;

                                   (x)            other forms of resource extraction;

 

(b)      to repay amounts where an Act or other law requires or permits the repayment of an amount received;

(c)      to repay to any person any amount received from that person for a purpose of the Energy Special Account and which is no longer required for that purpose;

(d)      to disburse or repay amounts for the purposes of the National Partnership Agreement on Energy Efficiency;

(e)      activities that are incidental to the purpose mentioned in paragraph (a) and (d);

(f)       to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment;

(g)      to repay amounts where an Act or other law requires or permits the repayment of an amount received.

Note 1      Subsection 78(4) of the PGPA Act appropriates the Consolidated Revenue Fund for payments made with amounts debited from the special account. Subsection 78(6) of the PGPA Act provides that whenever an amount is debited against the appropriation, the amount is taken to be also debited from the special account.

Note 2      An amount may be debited from the special account where:

(a)     it has been incorrectly credited by virtue of a clerical mistake; or

(b)     it has been credited through the exercise of a discretion by an official and the exercise of that discretion was actuated by a fundamental mistake of fact or law. Legal advice should be obtained before an amount is debited on this basis.

Note 3      The purpose of paragraph (f) above is to allow for the balance of the special account to be reduced. When the special account is debited for this purpose, there is no payment or credit available to another party, account or appropriation.


 

Part 2—Transitional variation and revocation

9             Variations

(1)       Subsection 6(1) of the Financial Management and Accountability Determination 2005/08—Energy Special Account Establishment 2005 is varied by adding at the end:

             ; and (f)  to credit amounts to the Energy Special Account 2015.

(2)       Subsection 6(1) of the Financial Management and Accountability (Establishment of the Climate Change Special Account) Determination 2012/16 is varied by adding at the end:

             ; and (e)  to credit amounts to the Energy Special Account 2015.

 

Note 1        The determination in paragraph 9(1) above is automatically repealed on 1 October 2015 by the operation of section 50 of the Legislative Instruments Act 2003 (Sunsetting). The variation above provides for the transfer of any remaining amounts in the special account established by that determination to the Energy Special Account 2015 (a new special account established by this determination).

Note 2        The determination of paragraph 9(2) above is being revoked by this determination. The variation above provides for the transfer of any remaining amounts in the special account established by that determination to the Energy Special Account 2015 (a new special account established by this determination).

10          Revocation

The determination Financial Management and Accountability (Establishment of the Climate Change Special Account) Determination 2012/16 is revoked on
1 October 2015.