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Financial Management and Accountability Determination 2008/08 — Coordinated Procurement Contracting Special Account Establishment 2008

made under subsection 20(1) of the Financial Management and Accountability Act 1997, which 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).

 

Compilation No.   1

Compilation date:   21 June 2017

Includes amendments up to: F2017L00650

 

About this compilation

 

This compilation

This is a compilation of the Financial Management and Accountability Determination 2008/08 — Coordinated Procurement Contracting Special Account Establishment 2008 that shows the text of the law as amended and in force on 18/06/2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

 

Financial Management and Accountability Determination 2008/08 Coordinated Procurement Contracting Special Account Establishment 2008

I, LINDSAY TANNER, Minister for Finance and Deregulation, make this Determination under subsection 20 (1) of the Financial Management and Accountability Act 1997.

Dated  6 May 2008

Lindsay Tanner

Minister for Finance and Deregulation

1 Name of Determination

  This Determination is the Financial Management and Accountability Determination 2008/08 — Coordinated Procurement Contracting Special Account Establishment 2008.

2 Commencement

  This Determination commences at the time at which subsection 22 (4) of the FMA Act is complied with.

Note    This Determination takes effect in accordance with section 22 of the FMA Act. The Parliament must consider the Determination 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 immediately after the last day upon which such a resolution could have been passed.

3 Establishment

  For subsection 20 (1) of the FMA Act, a Special Account is established with the name Coordinated Procurement Contracting Special Account.

4 Amounts to be credited

  The following amounts may be credited to the Coordinated Procurement Contracting Special Account:

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

 (b) amounts received from any person for the purposes of the Coordinated Procurement Contracting Special Account;

 (c) amounts debited from the Business Services Special Account for the purpose of crediting the Coordinated Procurement Contracting Special Account; and

(d)   amounts debited from the Campaign Advertising Special Account for the purpose of crediting the Coordinated Procurement Contracting Special Account. 

 

 

Note 1    The Appropriation Acts provide that if any of the purposes of a Special Account are covered by an item in those Acts (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 the Special Account.

Note 2    Subsection 39 (5) of the FMA Act provides that upon realisation of an investment of an amount debited from a Special Account, the proceeds of the investment must be credited to that Special Account.

Note 3    Section 30 of the FMA Act has the effect that if an amount expended from a Special Account is repaid to the Commonwealth, that amount must be re-credited to that Special Account.

Note 4    Section 30A of the FMA Act has the effect of increasing the appropriation under section 20 of the FMA Act for the purposes of a Special Account (and thereby increasing this Special Account’s balance). The increase is of an amount equivalent to any GST amount that is recoverable in relation to a payment, and occurs immediately before the payment is made.  The Goods and Services Tax is defined as the GST in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999.


5 Purposes

 (1) The purposes of the Coordinated Procurement Contracting Special Account, in relation to which amounts may be debited from the Special Account, are:

(a)        to manage the whole of government contract for providing fleet management and leasing services to government departments and agencies; and

(b)        to administer centralised government advertising including:

 (i) engaging master media placement agencies; and

 (ii) planning and placing advertising; and

(c)        to administer other centralised procurement contracts for the benefit of government departments and agencies, including:

(i)      planning for and conducting whole of government supply tenders; and

(ii)      manage whole of government supply contracts; and

(iii)   providing procurement assistance to government entities; and

(iv)   undertaking monitoring and reviews of centralised procurement performance by government entities; and

(d)        to carry out activities that are incidental to a purpose mentioned in paragraph (a), (b) or (c); and

(e)        to reduce the balance of the Special Account (and, therefore, the available appropriation for the Account) without making a real or notional payment; and

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

(g)        to credit amounts to the ICT Coordinated Procurement Special Account 2017.

 (2) To avoid doubt, incidental activities include:

(a)        the administration of the Special Account; and

(b)        dealing with direct and indirect costs.

Note 1    Subsection 20 (4) of the FMA Act appropriates the Consolidated Revenue Fund (CRF) for expenditure for the purposes of the Special Account up to the balance for the time being of the Special Account.  Subsection 20 (5) of the FMA 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    In addition to the purposes specified in this Determination, other provisions of the FMA Act provide authority for amounts to be debited from this Special Account.

 Subsection 39 (1) of the FMA Act provides the Finance Minister with the power to invest public money in any authorised investment. Where such an investment is made of an amount standing to the credit of a Special Account, section 39 of the FMA Act has the effect that the Special Account must be debited.

 Subsection 39 (4) of the FMA Act provides that if an amount has been invested by debiting a Special Account, then the expenses of the investment may be debited from the Account.

 Subsection 39 (9) of the FMA Act appropriates the CRF for this investment activity.

 Not all chief executives have been delegated powers to invest under section 39 of the FMA Act.

Note 3    An amount may be debited from a 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 the basis of paragraph (b).

Note 4    Section 6 of the FMA Act applies to a notional payment by an Agency (or part of an Agency) as if it were a real payment by the Commonwealth. Notional receipts and notional payments are transactions between different parts of the Commonwealth.  Real receipts and real payments are transactions between the Commonwealth and other entities.

Note 5   The purpose set out above, ‘to reduce the balance of the Special Account (and, therefore, the available appropriation for the Special Account) without making a real or notional payment’, is solely for extinguishing all or part of the appropriation under section 20 of the FMA Act for the purposes of this Special Account. When this Special Account is debited for this purpose, there is no payment or credit available to another party, account or appropriation.

6 Definitions

  In this Determination:

FMA Act means the Financial Management and Accountability Act 1997.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /subsubparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Financial Management and Accountability Determination 2008/08 — Coordinated Procurement Contracting Special Account Establishment 2008

14 May 2008

20 May 2008

 

PGPA Act Determination (Establishment of ICT Coordinated Procurement Special Account 2017)

8 June 2017

21 June 2017

Part 3

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 5(1)

am F2017L00650