Financial Management and Accountability Determination 2004/03 - Australian Antarctic Heritage Conservation Special Account Establishment 2004

Administered by Department of Finance

Legislation au F2006B11546 Not in force Legislative Instrument

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Financial Management and Accountability (Determination 2004/03 — Australian Antarctic Heritage Conservation Special Account) Establishment 2004

I, NICK MINCHIN, Minister for Finance and Administration, make this Determination under subsection 20 (1) of the Financial Management and Accountability Act 1997.

Dated 15 June 2004

Nick Minchin

Minister for Finance and Administration

1 Name of Determination

  This Determination is the Financial Management and Accountability (Determination 2004/03 — Australian Antarctic Heritage Conservation Special Account) Establishment 2004.

Note   This Determination takes effect in accordance with section 22 of the Financial Management and Accountability Act 1997. The Parliament must consider the Determination before it can take effect.

2 Definitions

  In this Determination:

FMA Act means the Financial Management and Accountability Act 1997.

3 Establishment of the Australian Antarctic Heritage Conservation Special Account

  For subsection 20 (1) of the FMA Act, a Special Account is established with the name Australian Antarctic Heritage Conservation Special Account.

4 Amounts to be credited to the Australian Antarctic Heritage Conservation Special Account

  The following amounts may be credited to the Australian Antarctic Heritage Conservation Special Account:

 (a) amounts received in the course of the performance of functions that relate to the purposes of the Australian Antarctic Heritage Conservation Special Account;

 (b) amounts received from any person for the purposes of the Australian Antarctic Heritage Conservation Special Account.

Note 1   The Appropriation Acts provide that if any of the purposes of a Special Account are covered by an item in those Acts (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 the Special Account.

Note 2   Subsection 39 (5) of the FMA Act provides that upon realisation of an investment of an amount debited from a Special Account, the proceeds of the investment must be credited to that Special Account.

Note 3   Section 30 of the FMA Act has the effect that if an amount expended from a Special Account is repaid to the Commonwealth, that amount must be re-credited to that Special Account.

Note 4   Section 30A of the FMA Act has the effect of increasing the appropriation under section 20 of the FMA Act for the purposes of this Special Account (and thereby increasing this Special Account’s balance). The increase is of an amount equivalent to any GST amount that is recoverable in relation to a payment, and occurs immediately before the payment is made.

5 Purposes of the Australian Antarctic Heritage Conservation Special Account

 (1) The purposes of the Australian Antarctic Heritage Conservation Special Account, in relation to which amounts may be debited from the Special Account, are:

 (a) the conservation of Antarctic and sub-Antarctic heritage, including the conservation of the Mawson’s Huts Historic Site; and

 (b) activities that are incidental to that conservation.

 

 (2) To avoid doubt, incidental activities include the administration of the Special Account, including dealing with direct and indirect costs.

Note 1   Subsection 20 (4) of the FMA Act appropriates the Consolidated Revenue Fund (CRF) for expenditure for the purposes of the Special Account up to the balance for the time being of the Account.  Subsection 20 (5) of the FMA Act provides that whenever an amount is debited against the appropriation, the amount is taken to be also debited from the Account.

Note 2   In addition to the purposes specified in this determination, other legislation provides authority for amounts to be debited from this Special Account:

(a) Section 28 of the FMA Act provides that, where a repayment of an amount received by the Commonwealth and credited to a Special Account is supported by the appropriation in subsection 28 (2) of the FMA Act (that is a law requires or permits the repayment and there is no other appropriation for the repayment), the amount of the repayment must be debited from the Special Account.

(b) Subsection 39 (1) of the FMA Act provides the Finance Minister with the power to invest public money in any authorised investment. Not all chief executives have been delegated powers to invest under section 39 of the FMA Act. Where such an investment is made of an amount standing to the credit of a Special Account, section 39 of the FMA Act has the effect that the Special Account must be debited. Subsection 39 (4) of the FMA Act provides that if an amount has been invested by debiting a Special Account, then the expenses of the investment may be debited from the Account. Subsection 39 (9) of the FMA Act appropriates the CRF for this investment activity.

Note 3   An amount may be debited from a 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 of paragraph (b).

Note 4   Section 6 of the FMA Act applies to a notional payment by an Agency (or part of an Agency) as if it were a real payment by the Commonwealth. Notional receipts and notional payments are transactions between different parts of the Commonwealth.  Real receipts and real payments are transactions between the Commonwealth and other entities.

 

 

Overview

The Financial Management and Accountability (Determination 2004/03 — Australian Antarctic Heritage Conservation Special Account) Establishment 2004 was introduced to establish a dedicated financial account for the conservation of Antarctic and sub-Antarctic heritage, including the conservation of the Mawson's Huts Historic Site. This Determination was enacted under the Financial Management and Accountability Act 1997 by Nick Minchin, the Minister for Finance and Administration, on 15 June 2004. The primary policy objective of this Determination is to ensure that funds are appropriately managed and accounted for in relation to the specific purposes of heritage conservation in the Antarctic and sub-Antarctic regions. The Australian Antarctic Heritage Conservation Special Account is established to receive funds for these conservation purposes, ensuring that financial management aligns with legislative requirements and supports the effective administration of heritage conservation activities.

Scope and Application

The Financial Management and Accountability (Determination 2004/03 — Australian Antarctic Heritage Conservation Special Account) Establishment 2004 applies to the management and operation of the Australian Antarctic Heritage Conservation Special Account. This Special Account is specifically established under subsection 20(1) of the Financial Management and Accountability Act 1997 (FMA Act) for the purposes of conserving Antarctic and sub-Antarctic heritage, including the conservation of the Mawson's Huts Historic Site, and activities incidental to that conservation. The Determination is made by Nick Minchin, the Minister for Finance and Administration, and it mandates that the account can receive funds from any sources for these specified purposes. The account is subject to appropriation from the Consolidated Revenue Fund (CRF) as outlined in the FMA Act, and the purposes of the account are strictly defined to ensure that all expenditures align with its primary objectives. The Determination applies to the Commonwealth of Australia and its agencies involved in the management of the Australian Antarctic Heritage Conservation Special Account. The geographic reach of this legislation is limited to the conservation activities within the Antarctic and sub-Antarctic regions as designated by the Australian government. The Act does not explicitly state any exclusions or exemptions, but it does outline specific conditions under which amounts can be debited from the account, such as repayments of incorrectly credited funds or clerical errors. The Determination may be extended or restricted through subordinate instruments, but such measures are not detailed in the text. The Determination must be considered by the Parliament before it can take effect.

Key Provisions

The Financial Management and Accountability (Determination 2004/03 — Australian Antarctic Heritage Conservation Special Account) Establishment 2004 (the "Determination") establishes the Australian Antarctic Heritage Conservation Special Account, governed by the Financial Management and Accountability Act 1997 ("FMA Act"). This Special Account, established under section 20(1) of the FMA Act, is designed to manage funds specifically for the conservation of Antarctic and sub-Antarctic heritage, including the conservation of sites like the Mawson's Huts Historic Site, and for activities incidental to this conservation, such as administrative costs. The Account can receive amounts directly related to these purposes, including funds from any person who wishes to contribute to these conservation efforts, as outlined in section 4 of the Determination. Under section 5 of the Determination, the Special Account's purposes are clearly defined, with funds to be debited from the Account being used for the conservation of Antarctic heritage and related activities. The Appropriation Acts support this by allowing amounts to be debited against appropriations if they relate to the Special Account's purposes. Additionally, proceeds from investments of amounts debited from the Account must be credited back to it, as per section 39(5) of the FMA Act. Any repayments to the Commonwealth from the Account must be re-credited, as per section 30 of the FMA Act. The FMA Act also provides for the automatic increase of the Account's appropriation by the amount of any GST recoverable before a payment, as outlined in section 30A. The Determination imposes specific obligations on the entities managing the Special Account. These include ensuring that all transactions, such as credits and debits, align with the Account's defined purposes. It is crucial that any debits from the Account are justified by the purposes outlined in the Determination or by other legislative provisions that allow such debits, such as incorrect credits or fundamental mistakes of fact or law. Legal advice should be sought before any debits are made based on fundamental mistakes of fact or law, as advised in Note 3 of section 5. Furthermore, the Determination mandates adherence to the FMA Act's provisions regarding investments and notional payments, ensuring all activities are transparent and in compliance with the Act's requirements. Breaches of the obligations set out in the Determination can result in significant consequences. Under the FMA Act, unauthorised debits or credits to the Special Account, or misapplication of funds, can lead to civil or criminal penalties. For example, unauthorised debits could be considered fraudulent activities, potentially resulting in fines or imprisonment as per the criminal penalties outlined in the FMA Act. Additionally, any failure to comply with the Act's provisions regarding investments and notional payments could result in civil penalties, including financial penalties and corrective actions required by the responsible authorities. It is important for entities managing the Account to strictly adhere to the legislative requirements to avoid these severe consequences.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.