DisabilityCare Australia (Credit to the Special Account in 2023-24) Determination 2024

Overview

The DisabilityCare Australia (Credit to the Special Account in 2023-24) Determination 2024 was enacted by Dr. Andrew Leigh, the Assistant Minister for Competition, Charities, and Treasury, and the Parliamentary Secretary to the Treasurer. This notifiable instrument was introduced to address the need for a specific allocation of funds to the DisabilityCare Australia Fund Special Account for the financial year 2023-24. The objective of this determination is to credit a specified amount of $6,343,897,000 to the special account, as required under the DisabilityCare Australia Fund Act 2013. The instrument is made under the authority of the Act and specifies the amount to be credited on 24 June 2024. This determination ensures that the necessary funds are available for the operation of the DisabilityCare Australia program, thereby supporting the policy objective of providing adequate care and support services for individuals with disabilities.

Scope and Application

The DisabilityCare Australia (Credit to the Special Account in 2023-24) Determination 2024 applies to the Commonwealth of Australia and is made under the authority of the DisabilityCare Australia Fund Act 2013. This instrument is specifically concerned with the crediting of funds to the DisabilityCare Australia Fund Special Account, which is established by the Act, for the financial year 2023-24. It mandates that $6,343,897,000 be credited to the Special Account on 24 June 2024. The Act itself provides the definitions used in this determination, ensuring consistency with the broader legislative framework. This instrument comes into effect on the day after it is registered, and while it specifies the amount to be credited, it does not extend or restrict application through subordinate instruments.

Key Provisions

The main operative section of this legislation is Section 5, which specifies the amount to be credited to the DisabilityCare Australia Fund Special Account on 24 June 2024, namely $6,343,897,000 (Section 5). This provision is made under the authority of the DisabilityCare Australia Fund Act 2013, which grants the Assistant Minister for Competition, Charities and Treasury the power to make such determinations (Section 3). The term "the Act" in this context refers to the DisabilityCare Australia Fund Act 2013, and all expressions used in the instrument have the same meanings as those defined in the Act (Section 4). The DisabilityCare Australia Fund Special Account is the special account established by Section 11 of the Act, and the amount specified in Section 5 is to be credited to this account on the specified date. The determination is effective from the day after the instrument is registered, as outlined in Section 2. This means that once the instrument is registered, the crediting of the specified amount to the account will take effect immediately. The Act imposes obligations on the Assistant Minister for Competition, Charities and Treasury, who must make the determination regarding the amount to be credited to the DisabilityCare Australia Fund Special Account in accordance with the Act. This involves specifying the exact amount to be credited and ensuring that the crediting takes place on the designated date. The authority to make such determinations is explicitly stated in Section 3, which references the DisabilityCare Australia Fund Act 2013. There are no explicit offences, penalties, or civil/criminal consequences outlined in this determination for non-compliance. However, the importance of adhering to the specified amount and timing for the crediting of funds is implicit, given the critical nature of the funds for the operations of the DisabilityCare Australia Fund. Non-compliance could potentially lead to legal or administrative consequences under the broader provisions of the DisabilityCare Australia Fund Act 2013.