PGPA Act (Energy Special Account 2015—Establishment) Determination 2015/07 (Cth)
PGPA Act (Energy Special Account 2015—Establishment) Determination 2015/07
made under subsections 78(1) and (3) of the
Public Governance, Performance and Accountability Act 2013
Compilation No. 1
Compilation date: 8 March 2023
Includes amendments up to: F2023L00055
Registered: 6 April 2023
About this compilation
This compilation
This is a compilation of the PGPA Act (Energy Special Account 2015—Establishment) Determination 2015/07 that shows the text of the law as amended and in force on 8 March 2023 (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 ( 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.
Editorial changes
For more information about any editorial changes made in this compilation, see 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.
Self-repealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Part 1 - Establishment
1 Name of determination
This determination is the PGPA Act (Energy Special Account 2015—Establishment) Determination 2015/07.
Note 1 All special account determinations and compilations are registered on the Federal Register of Legislative Instruments (FRLI) kept under the Legislative Instruments Act 2003. See 2The Determination is subject to Part 6 (sunsetting) of the Legislative Instruments Act 2003. The sunsetting provisions mean that this special account will be repealed on the earlier of 1 April or 1 October falling on or after the tenth anniversary of registration.
2 Commencement
This determination takes effect on the day specified in paragraph 79(5)(a) of the PGPA Act.
3 Legislative authority
This determination is made under subsections 78(1) and (3) of the PGPA Act.
4 Definitions
In this determination:
Department means the Department of Climate Change, Energy, the Environment and Water.
National Partnership Agreement on Energy Efficiency means the agreement made by the Council of Australian Governments on 2 July 2009.
PGPA Act means the Public Governance, Performance and Accountability Act 2013.
the special account means the Energy Special Account 2015 established by this instrument.
5 Establishment
For paragraph 78(1)(a) of the PGPA Act, a special account is established with the name Energy Special Account 2015 (the special account).
6 Accountable authority
For paragraph 78(1)(d) of the PGPA Act, the accountable authority for the special account is the Secretary of the Department.
7 Amounts that are allowed to be credited
For paragraph 78(1)(b) of the PGPA Act, the following amounts 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 Energy Special Account;
(b) amounts received from any person for the purposes of the Energy Special Account;
(c) amounts received for the purpose of the National Partnership Agreement on Energy Efficiency;
(d) amounts that have been debited from the Energy Special Account that was established by the Financial Management and Accountability Determination 2005/08 — Energy Special Account Establishment 2005;
(e) amounts that have been debited from the Climate Change Special Account that was established by the Financial Management and Accountability (Establishment of the Climate Change Special Account) Determination 2012/16.
Note 1 An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (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 that special account.
Note 2 An amount debited from the special account, which is repaid to the Commonwealth, may be re‑credited to the special account under paragraph 74(1)(b) of the PGPA Act.
8 Purposes for which amounts are allowed to be debited
For paragraph 78(1)(c) of the PGPA Act, the purposes for which amounts are allowed to be debited from the special account are:
(a) conducting activities that contribute to policy development in the energy and resources sectors, including, but not limited to:
(i) energy market reform;
(ii) energy efficiency;
(iii) energy security;
(iv) renewable and distributed energy generation;
(v) resource exploration and development;
(vi) petroleum (oil and gas);
(vii) clean energy technology;
(viii) land access;
(ix) mining and minerals;
(x) other forms of resource extraction;
(b) to repay amounts where an Act or other law requires or permits the repayment of an amount received;
(c) to repay to any person any amount received from that person for a purpose of the Energy Special Account and which is no longer required for that purpose;
(d) to disburse or repay amounts for the purposes of the National Partnership Agreement on Energy Efficiency;
(e) activities that are incidental to the purpose mentioned in paragraph (a) and (d);
(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;
(g) to repay amounts where an Act or other law requires or permits the repayment of an amount received.
Note 1 Subsection 78(4) of the PGPA Act appropriates the Consolidated Revenue Fund for payments made with amounts debited from the special account. Subsection 78(6) of the PGPA 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 An amount may be debited from the 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 this basis.
Note 3 The purpose of paragraph (f) above is to allow for the balance of the special account to be reduced. When the special account is debited for this purpose, there is no payment or credit available to another party, account or appropriation.
Part 2—Transitional variation and revocation
9 Variations
(1) Subsection 6(1) of the Financial Management and Accountability Determination 2005/08—Energy Special Account Establishment 2005 is varied by adding at the end:
; and (f) to credit amounts to the Energy Special Account 2015.
(2) Subsection 6(1) of the Financial Management and Accountability (Establishment of the Climate Change Special Account) Determination 2012/16 is varied by adding at the end:
; and (e) to credit amounts to the Energy Special Account 2015.
Note 1 The determination in paragraph 9(1) above is automatically repealed on 1 October 2015 by the operation of section 50 of the Legislative Instruments Act 2003 (Sunsetting). The variation above provides for the transfer of any remaining amounts in the special account established by that determination to the Energy Special Account 2015 (a new special account established by this determination).
Note 2 The determination of paragraph 9(2) above is being revoked by this determination. The variation above provides for the transfer of any remaining amounts in the special account established by that determination to the Energy Special Account 2015 (a new special account established by this determination).
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.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| PGPA Act (Energy Special Account 2015—Establishment) Determination 2015/07 | 26 Aug 2015 (F2015L01322) | s 10: 1 Oct 2015 (s 10) Remainder: 16 Sept 2015 (s 2) | |
| PGPA Act Determination (Energy Special Account Amendment 2022) | 25 Jan 2023 (F2023L00055) | 8 Mar 2023 (s 2(1)) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| s 4............................................. | am F2023L00055 |
| s 6............................................. | am F2023L00055 |
| Part 2 | |
| s 10........................................... | rep LA s 48C |
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