PGPA Act Determination (Education SOETM Special Account 2018)

I, MATHIAS HUBERT PAUL CORMANN, Minister for Finance and the Public Service, make the following determination.

Dated 6 September 2018

MATHIAS HUBERT PAUL CORMANN

Minister for Finance and the Public Service

Contents

Part 1—Establishment 

1  Name ...................................................

2  Commencement.............................................

3  Authority.................................................

4  Definitions................................................

5  Establishment of the special account.................................

6  Accountable authority responsible for the special account.....................

Part 2—Special account credits and debits 

7  Amounts that may be credited to the special account........................

8  Purposes of the special account....................................

Part 3—Transitional and Repeal Provisions 

9  Opening balance of the special account...............................

10  Repeal of the SOETM instrument..................................

11  Additional repeal provisions.....................................

Part 1—Establishment

1  Name

  This instrument is the PGPA Act Determination (Education SOETM Special Account 2018).

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any version of this instrument published on the Federal Register of Legislation.

3  Authority

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

4  Definitions

  In this instrument:

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

corporate Commonwealth entity has the same meaning as in paragraph 11(a) of the Act.

Commonwealth company has the same meaning as in subsection 89(1) of the Act.

date of repeal means the date on which subsection 11(1) takes effect.

Education means the Department of Education and Training

opening balance means the amount that is required to be credited to the special account under section 9.

SOETM means Services for Other Entities and Trust Moneys.

SOETM account means the Department of Education, Employment and Workplace Relations Services for Other Entities and Trust Moneys Special Account, which was established by the SOETM instrument.

SOETM instrument means the Financial Management and Accountability Determination 2008/14 to establish the Department of Education, Employment and Workplace Relations Services for Other Entities and Trust Moneys Special Account.

the special account means the Education SOETM Special Account 2018.

5  Establishment of the special account

  For subsection 78(1)(a) of the Act, the Education SOETM Special Account 2018 is established as a special account (the special account).

6  Accountable authority responsible for the special account

  For subsection 78(1)(d) of the Act, the accountable authority responsible for the special account is the Secretary of Education.

Part 2—Special account credits and debits

7  Amounts that may be credited to the special account

  For subsection 78(1)(b) of the Act, the following amounts may be credited to the special account:

 (a) an amount held on trust or otherwise for the benefit of a person other than the Commonwealth;

 (b) an amount received in the course of the performance of functions that relate to one or more purposes of the special account;

 (c) an amount received from any person for one or more purposes of the special account.

8  Purposes of the special account

  For subsection 78(1)(c) of the Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are:

 (a) to disburse an amount held on trust or otherwise for the benefit of a person other than the Commonwealth;

 (b) to disburse an amount in connection with services performed for a corporate Commonwealth entity, Commonwealth company or another government;

 (c) to disburse an amount in connection with joint activities performed on behalf of another government, organisation or person;

 (d) to disburse an amount in connection with an agreement between the Commonwealth and another government;

 (e) to repay an amount where a court order, Act or other law requires or permits the repayment of an amount received;

  (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.

Part 3—Transitional and Repeal Provisions

9  Opening balance of the special account

(1)              For subsection 78(1)(b) of the Act, the amount in subsection 9(2) (opening balance) is required to be credited to the special account on the date of its establishment.

(2)              The opening balance is equal to the amount standing to the credit of the SOETM account immediately prior to the repeal of the SOETM instrument.

10  Repeal of the SOETM instrument

  For subsection 78(3) of the Act, the SOETM instrument is repealed.

11  Additional repeal provisions

(1)              For subsection 78(3) of the Act, Part 3 of this instrument is repealed at the end of the seventh day after the repeal of the SOETM instrument (date of repeal).

(2)              For subsection 78(3) of the Act, the following definitions in section 4 are repealed on the date of repeal:

(a)                     definition of date of repeal;

(b)                     definition of opening balance;

(c)                     definition of SOETM account;

(d)                     definition of SOETM instrument.

 (3) Despite subsection 11(1), the effects of Part 3 of this instrument remain in force after the date of repeal.