Financial Management and Accountability Determination 2004/08 - Inter-Parliamentary Relations Special Account Establishment 2004

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Legislation au F2006B11543 Not in force Legislative Instrument

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Financial Management and Accountability (Determination 2004/08 — Inter-Parliamentary Relations 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 18 June 2004

Nick Minchin

Minister for Finance and Administration

1 Name of Determination

  This Determination is the Financial Management and Accountability (Determination 2004/08 — Inter-Parliamentary Relations 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 Inter-Parliamentary Relations Special Account

  For subsection 20 (1) of the FMA Act, a Special Account is established with the name Inter-Parliamentary Relations Special Account.

4 Amounts to be credited to the Inter-Parliamentary Relations Special Account

  The following amounts may be credited to the Inter-Parliamentary Relations Special Account:

 (a) amounts received in the course of the performance of functions that relate to the purposes of the Inter-Parliamentary Relations Special Account;

 (b) amounts received from any person for the purposes of the Inter-Parliamentary Relations Special Account;

 (c) amounts received, before or after the establishment of the Inter-Parliamentary Relations Special Account, in relation to the operation of the Commonwealth Parliamentary Association — Commonwealth of Australia Branch;

 (d) amounts received, before or after the establishment of the Inter-Parliamentary Relations Special Account, in relation to Commonwealth Parliamentary Association conferences.

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 Inter-Parliamentary Relations Special Account

 (1) The purposes of the Inter-Parliamentary Relations Special Account, in relation to which amounts may be debited from the Special Account, are:

 (a) inter-parliamentary relations, including:

 (i) inter-parliamentary conferences and seminars; and

 (ii) inter-parliamentary education, training and development;

 

 (b) the activities of the Commonwealth Parliamentary Association — Commonwealth of Australia Branch;

 (c) inter-parliamentary training, education and development services provided to support other governments and bodies that are not agencies within the meaning of the FMA Act;

 (d) activities that are incidental to a purpose mentioned in paragraph (a), (b) or (c); 

 (e) the refund to the original contributors of amounts received in relation to Commonwealth Parliamentary Association conferences;

 (f) the refund to the original contributors of amounts received in relation to the operation of the Commonwealth Parliamentary Association — Commonwealth of Australia Branch.

 (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 2004/08 — Inter-Parliamentary Relations Special Account) Establishment 2004, enacted by Nick Minchin, Minister for Finance and Administration, under the authority of the Financial Management and Accountability Act 1997, establishes the Inter-Parliamentary Relations Special Account. This legislative instrument aims to facilitate the management of funds specifically designated for activities related to inter-parliamentary relations, including conferences, seminars, education, and training, as well as the operational activities of the Commonwealth Parliamentary Association — Commonwealth of Australia Branch. The establishment of this special account addresses the need for a dedicated financial mechanism to support these inter-parliamentary activities, ensuring that the funds are appropriately managed and allocated according to their intended purposes. The Parliament's consideration and approval are required for the Determination to take effect, underscoring the legislative oversight and accountability inherent in the financial management of such accounts.

Scope and Application

The Financial Management and Accountability (Determination 2004/08 — Inter-Parliamentary Relations Special Account) Establishment 2004 applies to the establishment and management of the Inter-Parliamentary Relations Special Account under the Financial Management and Accountability Act 1997. This account is established for specific purposes related to inter-parliamentary relations, including conferences, seminars, education, and training, as well as activities of the Commonwealth Parliamentary Association — Commonwealth of Australia Branch. The account's jurisdiction is national, aligning with the Commonwealth's financial management practices. The account is intended to manage funds received for these purposes, including from Commonwealth Parliamentary Association conferences and the operation of the Commonwealth Parliamentary Association — Commonwealth of Australia Branch. The Determination also provides for the crediting and debiting of amounts to and from the account, with specific provisions for repayments and investments. The account's operations are subject to parliamentary consideration before taking effect and are governed by the Financial Management and Accountability Act 1997, which also allows for subordinate instruments to further define its application.

Key Provisions

The Financial Management and Accountability (Determination 2004/08 — Inter-Parliamentary Relations Special Account) Establishment 2004 (the Determination) establishes a Special Account called the Inter-Parliamentary Relations Special Account, under subsection 20(1) of the Financial Management and Accountability Act 1997 (the FMA Act). The account is established to manage funds relating to inter-parliamentary relations and activities of the Commonwealth Parliamentary Association—Commonwealth of Australia Branch. Amounts that may be credited to the account include those received in the performance of its functions, those received from any person for the account’s purposes, and those received in relation to the Commonwealth Parliamentary Association. The purposes of the account, for which amounts may be debited, include inter-parliamentary relations, activities of the Commonwealth Parliamentary Association, and incidental activities such as administrative costs. The Determination imposes several obligations on the parties or entities it governs. Firstly, the account must be credited with specified amounts, which include funds received for the purposes outlined in the Determination. Secondly, the account must be debited for expenditures that align with its purposes, including those that are incidental to its primary activities. Thirdly, any repayments of amounts credited to the account must be debited from it, as per section 28 of the FMA Act. Additionally, the account must be debited for any investments made from its funds, as per section 39 of the FMA Act. Finally, the account must be debited for amounts incorrectly credited due to clerical or fundamental mistakes. The Determination includes provisions for various consequences and penalties for breaches. Under subsection 20(4) of the FMA Act, amounts debited from the account are also debited from the appropriation in the Consolidated Revenue Fund. If an amount is incorrectly credited, it must be debited from the account, and legal advice should be sought before making such a debit if it involves a fundamental mistake of fact or law. Failure to comply with these obligations could result in financial mismanagement and potential legal repercussions. While specific penalties are not detailed in the Determination, breaches of financial management and accountability provisions under the FMA Act could lead to civil or criminal penalties as prescribed by other relevant legislation. In summary, the Financial Management and Accountability (Determination 2004/08 — Inter-Parliamentary Relations Special Account) Establishment 2004 establishes the Inter-Parliamentary Relations Special Account, specifies the amounts that can be credited to and debited from it, and outlines the obligations and consequences for non-compliance. The account serves to manage funds related to inter-parliamentary relations and the Commonwealth Parliamentary Association, with strict guidelines to ensure proper financial management and accountability.

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