DisabilityCare Australia (Credit to the Special Account No. 1) Determination 2021
I, Josh Frydenberg, Treasurer, make the following determination.
Dated 15 June 2021
Josh Frydenberg
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
5 Crediting of amounts to the DisabilityCare Australia Fund Special Account
Part 1—Preliminary
1 Name
This instrument is the DisabilityCare Australia (Credit to the Special Account No. 1) Determination 2021.
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Note: This table relates only to the provisions of this instrument as originally made.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 determination 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
5 Crediting of amounts to the DisabilityCare Australia Fund Special Account
Under paragraph 12(1)(a) of the Act, an amount of $4,597,333,000.00 is specified to be credited to the DisabilityCare Australia Fund Special Account on 21 June 2021.
Note: The DisabilityCare Australia Fund Special Account is the special account established by section 11 of the DisabilityCare Australia Fund Act 2013.
Overview
The DisabilityCare Australia (Credit to the Special Account No. 1) Determination 2021, made by the Treasurer, Josh Frydenberg, under the authority of the DisabilityCare Australia Fund Act 2013, was enacted to address the specific need to credit a significant amount to the DisabilityCare Australia Fund Special Account. This legislation aims to ensure the availability of necessary funds to support the DisabilityCare Australia program, which is integral to providing assistance and services to individuals with disabilities. The instrument commenced on the day following its registration, and its purpose is to specify the exact amount of $4,597,333,000.00 to be credited to the Special Account on 21 June 2021, thereby supporting the policy objectives outlined in the Act.
Scope and Application
The DisabilityCare Australia (Credit to the Special Account No. 1) Determination 2021 is a legislative instrument made under the authority of the DisabilityCare Australia Fund Act 2013. This determination specifies the amount of money to be credited to the DisabilityCare Australia Fund Special Account, which is a designated account established by the Act for the purpose of funding disability care services in Australia. The determination came into effect on the day after it was registered and applies to the entities and accounts specified under the Act. It is important to note that the definitions and expressions used in this determination have the same meanings as those in the DisabilityCare Australia Fund Act 2013. This determination provides clarity on the financial commitments required under the Act and ensures that the necessary funds are allocated to the DisabilityCare Australia Fund Special Account for the provision of disability care services across Australia.
Key Provisions
The main operative sections of the DisabilityCare Australia (Credit to the Special Account No. 1) Determination 2021 (sections 1 to 5) establish the legislative framework for crediting a specified amount to the DisabilityCare Australia Fund Special Account. Specifically, section 1 names the determination, section 2 details the commencement date, section 3 cites the authority under which the determination is made, section 4 provides definitions, and section 5 specifies the amount to be credited to the special account. The determination mandates that the sum of $4,597,333,000.00 be credited to the DisabilityCare Australia Fund Special Account on 21 June 2021, as outlined in section 5.
The obligations and requirements imposed by this Act are primarily centred around the timely and accurate crediting of funds to the DisabilityCare Australia Fund Special Account. Under section 5, the specified amount must be credited by the date mentioned, ensuring that the financial resources are appropriately allocated to support disability care services. The authority for this determination is provided under the DisabilityCare Australia Fund Act 2013, which is referenced in section 3. The definitions in section 4 ensure that terms such as "the Act" have consistent meanings throughout the determination, aligning with the DisabilityCare Australia Fund Act 2013.
The legislation does not explicitly outline offences, penalties, or consequences for breach within its text. However, the requirement to credit the specified amount to the special account is a legal obligation. Failure to comply with this determination could potentially lead to civil or administrative actions under the DisabilityCare Australia Fund Act 2013. The penalties or consequences for non-compliance would be governed by the overarching Act rather than this specific determination. It is important to note that such breaches may result in financial or administrative repercussions, as stipulated by the broader legislative framework.