DisabilityCare Australia (2022-23 Credit to the Special Account) Determination 2023
I, Jim Chalmers, Treasurer, make the following determination.
Dated 21 June 2023
Dr Jim Chalmers
Treasurer
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Determination of amount to be credited to the DisabilityCare Australia Fund Special Account in relation to 2022-23
5 Crediting of amounts to the DisabilityCare Australia Fund Special Account
Part 1—Preliminary
1 Name
This instrument is the DisabilityCare Australia (2022-23 Credit to the Special Account) Determination 2023.
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.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(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 published version of this instrument.
3 Authority
This instrument is made under the DisabilityCare Australia Fund Act 2013.
4 Definitions
Note: Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the DisabilityCare Australia Fund Act 2013 as in force from time to time.
In this instrument:
the Act means the DisabilityCare Australia Fund Act 2013.
Part 2—Determination of amount to be credited to the DisabilityCare Australia Fund Special Account in relation to 2022-23
5 Crediting of amounts to the DisabilityCare Australia Fund Special Account
Under paragraph 12(1)(a) of the Act, an amount of $6,062,238,000 is specified to be credited to the DisabilityCare Australia Fund Special Account on 23 June 2023.
Note: The DisabilityCare Australia Fund Special Account is the special account established by section 11 of the Act.
Overview
The DisabilityCare Australia (2022-23 Credit to the Special Account) Determination 2023 was enacted by Dr Jim Chalmers, the Treasurer, to address the financial requirements of the DisabilityCare Australia Fund for the 2022-23 financial year. This notifiable instrument was made under the authority of the DisabilityCare Australia Fund Act 2013. It specifies that an amount of $6,062,238,000 is to be credited to the DisabilityCare Australia Fund Special Account, which is established by section 11 of the Act. The primary objective of this determination is to ensure the ongoing availability of funds for disability care services, thereby supporting the implementation of policies aimed at enhancing the quality and accessibility of care for individuals with disabilities. This legislative action reflects the commitment of the Australian government to maintain the integrity and functionality of the DisabilityCare Australia Fund, ensuring that the necessary resources are allocated to support this critical sector.
Scope and Application
The DisabilityCare Australia (2022-23 Credit to the Special Account) Determination 2023 applies to the DisabilityCare Australia Fund established under the DisabilityCare Australia Fund Act 2013. This Act, and thus the Determination, is a Commonwealth instrument that applies across Australia. The Determination specifies that an amount of $6,062,238,000 is to be credited to the DisabilityCare Australia Fund Special Account on 23 June 2023. The Special Account is established by the Act and is intended to manage funds related to disability care services. The Determination does not explicitly state exclusions or exemptions, but it operates within the legislative framework of the DisabilityCare Australia Fund Act 2013, which may include certain exclusions or limitations as defined by the broader Act. The scope of the Determination is limited to the financial crediting specified, and any further application or operational details would be governed by the Act itself or any subordinate instruments made under its authority.
Key Provisions
The DisabilityCare Australia (2022-23 Credit to the Special Account) Determination 2023 outlines the specific amount to be credited to the DisabilityCare Australia Fund Special Account for the financial year 2022-23. Under section 5, it specifies that $6,062,238,000 is to be credited to the account on 23 June 2023. This determination is made under the authority of the DisabilityCare Australia Fund Act 2013 and is intended to ensure that the necessary funds are available for the operations and services of the DisabilityCare Australia program.
The obligations imposed by this Determination are primarily administrative and financial in nature. The key obligation under section 5 is for the Treasurer to ensure that the specified amount is credited to the DisabilityCare Australia Fund Special Account by the stipulated date. This requires the appropriate financial transactions to be processed and recorded to reflect the crediting of the funds to the Special Account. The Determination ensures that the funds are available to support the services provided under the DisabilityCare Australia program, thereby fulfilling the statutory requirements for the funding of these services.
In terms of legal consequences, while the Determination itself does not explicitly outline specific offences, penalties, or consequences for failure to comply with its provisions, any failure to credit the specified amount to the DisabilityCare Australia Fund Special Account by the required date could lead to significant operational challenges and potential legal repercussions. Given the critical nature of the funding for the DisabilityCare Australia program, non-compliance could result in legal action being taken against the responsible parties for failing to meet their statutory obligations. However, the specific penalties or consequences would be determined by the courts based on the circumstances and the impact of the non-compliance on the DisabilityCare Australia program and its beneficiaries.