Federal Register of Legislation - Australian Government

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Determinations/Financial (Other) as made
This determination establishes a special account to manage contributions from States, Territories and the Commonwealth in support of activities and projects arising from and undertaken on behalf of the Meeting of Sport and Recreation. These contributions are to be used for payments for secretariat functions, the “Play by the Rules” program, and to undertake a range of projects beneficial to all jurisdictions.
Administered by: Finance
Registered 26 Aug 2016
Tabling HistoryDate
Tabled HR30-Aug-2016
Tabled Senate30-Aug-2016

Commonwealth Coat of Arms

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

 

 

_______________________________________

MATHIAS HUBERT PAUL CORMANN

Minister for Finance

Dated: 23 / 08 / 2016

 

Part 1 - Establishment

1             Name

This instrument is the PGPA Act Determination (Sport and Recreation Special Account 2016) — Establishment.

Note:       All special account determinations and compilations are registered on the Federal Register of Legislation (FRL) kept under the Legislation Act 2003. See http://www.legislation.gov.au.

2             Commencement

This instrument commences on the day provided for by paragraph 79(5)(a) of the PGPA Act.

Note 1:                     Subsection 79(5) of the PGPA Act provides that a special account determination comes into effect on the day immediately after the last day on which it could have been disallowed by the Parliament, or on a later day if specified in the determination.

Note 2:                    Subsection 50(1) of the Legislation Act 2003 provides that a legislative instrument is repealed automatically on the first of 1 April or 1 October ten years after being registered on the FRL.  Consistent with the Legislation Act 2003, this instrument ceases to have effect on 1 October 2026.

3             Authority

This instrument is made under subsection 78(1) of the PGPA Act.

4             Definitions

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

5             Establishment

For the purposes of paragraph 78(1)(a) of the PGPA Act, a special account is established with the name Sport and Recreation Special Account 2016 (the special account).

6             Credits to the special account

For purposes of paragraph 78(1)(b) of the PGPA Act, amounts equal to the following 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 special account;

(b)   an amount received from any person for the purposes of this special account;

(c)    amounts debited from the Sport and Recreation Special Account, established by the Financial Management and Accountability Determination 2006/20 – Sport and Recreation Special Account Establishment 2006.

Note 1:    The Appropriation Acts may provide that if any of the purposes of a special account are covered by an item in an (whether or not the item refers to the special account), then amounts may be debited against the appropriation for that item and credited to the special account.

Note 2:    Where an amount equal to an amount debited from a special account is repaid to the Commonwealth, the amount may be credited to the special account, refer to paragraph 74(1)(b) of the PGPA Act and subsection 27(5) of the Public Governance, Performance and Accountability Rule 2014.

7             Purposes of the special account

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

(a)      to make payments in relation to undertaking sport and recreation-related projects and agreed activities of common interest to the Meeting of Sport and Recreation Ministers, its successor or subordinate bodies, considered by those Ministers to benefit all or a majority of members;

(b)      to disburse or repay amounts in relation to incidental activities;

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

(d)      to repay, as required by law, amounts that have been credited to the special account.

Note 1     Subsection 78(4) of the PGPA Act appropriates the Consolidated Revenue Fund for expenditure for the purposes of the special account up to the balance of the special account at the time of payment.

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

(a)     for the purpose of paragraph 7(b), for the administration of the special account and for dealing with direct and indirect costs in relation to administering the special account; or

(b)     for the purpose of paragraph 7(c), to allow for the balance of the special account to be reduced, with no payment or credit available to another party, account or appropriation; or

(c)     where that amount has been incorrectly credited by virtue of a clerical mistake or exercise of a discretion based on a fundamental mistake of fact or law (legal advice on the mistaken fact or law should be obtained before an amount is debited on this basis).

8             Accountable authority

For the purposes of paragraph 78(1)(d) of the PGPA Act, the accountable authority responsible for the special account is the Secretary of the Department of Health.

Part 2 – Transitional Variation

Subsection 5(1) of the Financial Management and Accountability Determination 2006/20 — Sport and Recreation Special Account Establishment 2006 is varied by adding at the end:

; and (e) credit amounts to the Sport and Recreation Special Account 2016.