I, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make this determination.
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MATHIAS HUBERT PAUL CORMANN
Minister for Finance
Dated: 23 / 08 / 2016
Part 1 – Establishment
1 Name
This instrument is the PGPA Act Determination (Innovation, Science and Technology – Donations, Bequests and Sponsorship Special Account 2016) — Establishment.
Note: All special account determinations and compilations are registered on the Federal Register of Legislative (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Note 2: Subsection 50(1) of the Legislation Act 2003 provides that a legislative instrument is repealed automatically on the first of 1 April or 1 October ten years after being registered on the FRL.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 Innovation, Science and Technology – Donations, Bequests and Sponsorship Special Account 2016 (the special account).
6 Credits to the special account
For the 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 this special account;
(b) an amount received from any person for the purposes of this special account;
(c) amounts debited from the Science and Technology Donations/Sponsorship Special Account, established by the Financial Management and Accountability Determination 2006/40 – Science and Technology Donations/Sponsorship 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 Appropriation Act (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, 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) consistent with the terms of donations, bequests, sponsorships and any other contributions:
(i) to conduct activities to promote greater understanding and awareness of science, technology, engineering, mathematics and innovation within the community; and
(ii) to conduct activities to support science education and research, which promotes science, technology, engineering, mathematics and innovation capacity in students, teachers and the community.
(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 Industry, Innovation and Science.
Part 2 – Transitional Variation
Subsection 5(1) of the Financial Management and Accountability Determination 2006/40 — Science and Technology Donations/Sponsorship Special Account Establishment 2006 is varied by adding at the end:
; and (e) to credit amounts to the Innovation, Science and Technology – Donations, Bequests and Sponsorship Special Account 2016.