PGPA Act Determination (Coordinated Procurement Contracting 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................................2

6  Accountable authority responsible for the special account....................2

Part 2—Special account credits and debits 2

7  Amounts that may be credited to the special account.......................2

8  Purposes of the special account...................................2

Part 3—Transitional and Repeal Provisions 3

9  Opening balance of the special account...............................3

10  Repeal of the SOETM instrument.................................3

11  Additional repeal provisions....................................3

Part 1—Establishment

1  Name

  This instrument is the PGPA Act Determination (Coordinated Procurement Contracting 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.

Commonwealth entity has the same meaning as section 11 of the Act.

CPCSA special account means the Coordinated Procurement Contracting Special Account.

CPCSA instrument means the instrument that established the CPCSA special account, the Financial Management and Accountability Determination 2008/08 – Coordinated Procurement Contracting Special Account Establishment 2008.

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

opening balance means the amount that is required to be credited to the special account in clause 9.

the special account means the Coordinated Procurement Contracting Special Account 2018.

5  Establishment of the special account

  For subsection 78(1)(a) of the Act, the Coordinated Procurement Contracting 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 the Department of Finance.

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)                amounts received in the course of the performance of functions that relate to one or more purposes of the special account;

(b)                amounts received from any person for one or more purposes of the special account;

(c)                an amount appropriated by the Parliament for a purpose 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 administer centralised procurement and contracting activities and whole of government procurement systems for the benefit of Commonwealth entities, including by:

  (i) establishing and delivering whole of government arrangements;

  (ii)  managing whole of government arrangements;

  (iii)  providing assistance to Commonwealth entities or another government; and

  (iv)  conducting performance monitoring;

(b)                     to undertake scoping studies and other activities to investigate further opportunities for and assess the viability of future whole of government arrangements, and establish strategies to approach and engage with existing and potential suppliers.

(c)                     to provide tools, advice and whole of government systems to assist Commonwealth entities or another government to build procurement capability, streamline processes and provide quality reporting to execute their procurement responsibilities;

(d)                     to carry out activities that are incidental to a purpose mentioned in paragraphs (a) to (c) including, but not limited to:

(i)  the administration of the special account;

  (ii)  dealing with direct and indirect costs;

(e)      to repay amounts 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 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 subclause 9(2) (opening balance) is required to be credited to the special account on the commencement date.

(2)              The opening balance is equal to the sum of the amounts standing to the credit of the CPCSA special account immediately prior to the commencement date.

10  Repeal of instrument

  For subsection 78(3) of the Act, the CPCSA 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 CPCSA instrument (date of repeal).

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

(a)                     definition of date of repeal;

(b)                     definition of opening balance;

(c)                     definition of CPCSA instrument;

(d)                     definition of CPCSA account.

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