EXPLANATORY STATEMENT
Enhancing Online Safety for Children Act 2015
Children’s Online Safety Special Account (Credits to Account) Determination 2015
Issued by the Authority of the Minister for Communications
Legislative Basis
The Children’s Online Safety Special Account (Credits to Account) Determination 2015 (the Determination) is made by the Minister for Communications under subsection 73(1) of the Enhancing Online Safety for Children Act 2015 (the Online Safety Act).
Purpose
The purpose of the Determination is to credit a specified amount to the Children’s Online Safety Special Account to fund the Children’s e-Safety Commissioner’s (Commissioner) activities for the 2015-2016 financial year.
Background
Part 8 of the Online Safety Act establishes the Children’s Online Safety Special Account (Account), which will be used to fund the Commissioner’s activities, and provides for money to be credited to or debited from the Account.
Subsection 72(1) establishes the Account. The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013 and is to be administered by the Australian Communications and Media Authority (ACMA) (subsections 72(2) and (3)). An amount must not be debited from the Account without the written approval of the Commissioner (subsection 72(4)).
Section 73 provides for the crediting of money to the Account. If there is an appropriation for a departmental item that relates to the ACMA in an Appropriation Act, the Minister may, by writing, determine that a specified amount be debited against that appropriation and credited to the Account (subsection 73(1)). A determination made under subsection 73(1) is a legislative instrument, but is not subject to Parliamentary disallowance under section 42 of the Legislative Instruments Act 2003 (subsection 73(2)). Exclusion from disallowance ensures certainty of funding to the Commissioner. This is similar to arrangements under section 44 of the Legislative Instruments Act 2003, which excludes instruments made under Appropriation Acts from disallowance.
Section 74 sets out the purposes of the Account, which are:
- to enhance online safety for children;
- to make grants under paragraph 15(1)(g) of the Online Safety Act;
- to pay remuneration and other employment-related costs and expenses in respect of Australian Public Service employees whose duties relate to the performance or exercise of the Commissioner’s functions or powers;
- to pay any other costs, expenses and other obligations incurred by the Commonwealth in connection with the performance or exercise of the Commissioner’s functions or powers; and
- to pay any costs, expenses and other obligations incurred by the Commonwealth under an agreement entered into under subsection 64(5) of the Online Safety Act.
Regulation Impact
On 19 February 2014, the Office of Best Practice Regulation provided a standing exemption and advised that a Regulation Impact Statement was not required for the Determination as proposed to be made on the basis that the changes would be machinery in nature (reference number ID 2014/16581).
Statement of Compatibility with Human Rights
A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is not required on the basis that the Determination is not subject to disallowance.
Consultation
Consultation was undertaken with the ACMA and with the Commissioner before making the Determination.
Notes on Sections
Section 1 provides that the name of the Determination is the Children’s Online Safety Special Account (Credits to Account) Determination 2015.
Section 2 provides that the Determination will commence on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 sets out the meaning of terms used in the Determination.
Section 4 is the operative provision.
Subsection 4(1) provides that an amount of $11,155,000 is debited against the appropriation for the ACMA departmental item in the Appropriation Act (No. 1) 2015-2016 and is credited to the Account. Subsection 4(2) provides that an amount of $1,707,350.58 is debited against the appropriation for the ACMA departmental item in the Appropriation Act (No. 1) 2014-2015 and is credited to the Account.
This results in a total of $12,862,350.58 being credited to the Account to fund the Commissioner’s activities for the 2015-2016 financial year.