Financial Management and Accountability Determination 2005/44 — National Collections Special Account Establishment 2005

Administered by Department of Finance

Legislation au F2005L03429 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Finance and Administration

Financial Management and Accountability Act 1997

Determination 2005/44 to establish a Special Account

Purposes of Determination 2005/44

The attached instrument makes a determination under subsection 20 (1) of the Financial Management and Accountability Act 1997 (FMA Act) to establish a Special Account entitled, National Collections Special Account.  It also specifies the nature of amounts that may be credited to, and the purposes for which amounts may be debited from, the National Collections Special Account.

Special Accounts Generally

In accordance with the Constitution, all revenues or moneys raised or received by the Executive Government of the Commonwealth form one Consolidated Revenue Fund (CRF) and may not be used unless in accordance with an appropriation by the Parliament for the purposes of the Commonwealth.  This determination establishes a Special Account, and sets out the amounts that may be credited to the Account and the purposes for which it may be debited.  Special Accounts established by determination are supported by an appropriation under section 20 of the FMA Act.  In effect, Special Accounts allow specified amounts from the CRF to be expended for a particular specified purpose.

The Finance Minister must table a copy of a determination relating to a Special Account in each House of Parliament.  Either House may disallow a determination within five sitting days of tabling.  If the determination is not disallowed, it comes into effect on the calendar day after the last day on which it could have been disallowed.  Regulation 10 of the Legislative Instruments Regulations 2004 preserves the disallowance provisions under section 22 of the FMA Act by exempting Special Account determinations from subsections 57(2) and 57(5) of the Legislative Instruments Act 2003.The notes to the determination identify legislation and other laws that allow or require amounts to be credited to, or debited from, the Special Account.

Operation of the Determination 2005/44

Purpose of the National Collections Special Account

The determination is required to establish a Special Account, enabling a secretariat within the Department of Communications, Information Technology and the Arts (DCITA) to manage the National Collections Programme.

The National Collections Special Account will be used to conduct projects, programmes and strategies associated with the future directions, needs and priorities of the collections sector.

The collections sector comprises the libraries, museums, archives and galleries, keeping places, historic houses, etc. in Australia that hold the distributed national collection (DNC).  The DNC incorporates the significant objects held in collections across Australia that tell the nation’s story and contribute to defining the Australian identity and national memory.  The Australian Government is committed to ensuring the collections sector plays a vital role in the lives of all Australians.  In recent years increased focus has been placed on collaboration across the sector to better deliver government objectives.

The National Collections Programme has funded initiatives of the Cultural Ministers’ Council (CMC) including the Australian Museums and Galleries Online (AMOL) operations and redevelopment, secretariat and administrative support (travel, accommodation, directors fees, etc.) for the National Collections Advisory Forum (NCAF), various projects/consultancies that were part of the NCAF’s work programme and it is currently funding the Collections Council of Australia.

The Commonwealth, State and Territory Governments contribute funds to the National Collections Program.  Funds contributed will be held in the Special Account until required.

Given the joint funding arrangements, the Special Account can provide:

  • transparency in, and timely access to, financial status reports for all parties involved;
  • an assurance to State and Territory governments that contributions have been set aside for the agreed purposes; and
  • a standing appropriation to allow the CMC to approve spending proposals requiring payments across financial years.

Clause 6(1) specifies the purposes for which a Special Account can be debited.

  • Paragraph 6(1)(a) describes the activities for which expenditure can be made from the Special Account.
  • Paragraph 6(1)(b) allows administration costs, including such items as auditing, reporting, budgeting, accounting and information technology services incurred in the course of operating the Special Account, to be debited from the Special Account.
  • Paragraph 6(1)(c) gives the ability to reduce the balance of the Special Account without a corresponding payment.  It does not allow amounts to be transferred to another Special Account, or to be allocated for any other purpose, that is not consistent with the purposes of the Special Account.
  • Paragraph 6(1)(d) allows the Special Account to be debited, in a manner that would otherwise be permitted by section 28 of the FMA Act. It is included to simplify accounting for these transactions.

Consultation

The Department of Communications, Information Technology and the Arts is the agency affected by this instrument.  The agency was provided with drafts of the instrument before it was finalised and agree with the form of the instrument.  No community consultation was carried out as the instrument is for machinery of government purposes only (see sections 17 and 18 of the Legislative Instruments Act 2003).

 

 

 

Estimates of transactions on the National Collections Special Account

 

Opening Balance

2006-07

2005-06

$’000

Credits

 

2006-07

2005-06

$’000

Debits

 

2006-07

2005-06

$’000

Closing Balance

2006-07

2005-06

$’000

National Collections Special Account

355

134

417

71

0

1093

738

355

 

Overview

The Financial Management and Accountability Act 1997 (FMA Act) was enacted to provide a framework for the management and accountability of financial resources of the Commonwealth, ensuring that funds are used in accordance with legislative requirements. In 2005, the Financial Management and Accountability Act 1997 Determination 2005/44 was introduced to address the need for a dedicated financial mechanism to manage the National Collections Programme. This programme, overseen by the Department of Communications, Information Technology and the Arts, aims to support the national collections sector, which includes libraries, museums, archives, and galleries. The determination establishes the National Collections Special Account to manage funds contributed by the Commonwealth, State, and Territory Governments, ensuring transparency and proper allocation of resources to support the sector's initiatives. The Minister for Finance and Administration tabled the determination in each House of Parliament, subject to potential disallowance within five sitting days. The policy objective is to facilitate effective financial management and accountability for the National Collections Programme, ensuring that contributions are used for their intended purposes.

Scope and Application

The Financial Management and Accountability Act 1997 Determination 2005/44 pertains to the establishment of a Special Account, specifically the National Collections Special Account, within the framework of the Commonwealth's financial management system. This determination applies to the Commonwealth Executive Government and authorises the establishment of a Special Account to manage funds related to the National Collections Programme. The account is used to support projects and initiatives across the collections sector, which includes libraries, museums, archives, galleries, and other cultural institutions in Australia. The account is intended to facilitate transparency, ensure funds are allocated for agreed purposes, and provide a standing appropriation for the Cultural Ministers’ Council to approve spending proposals across financial years. The account operates under the broader Financial Management and Accountability Act 1997, which mandates the appropriation of funds from the Consolidated Revenue Fund and requires the Minister for Finance and Administration to table the determination in Parliament, subject to potential disallowance by either House. This determination is specifically designed for internal government use and does not involve community consultation.

Key Provisions

The determination under subsection 20(1) of the Financial Management and Accountability Act 1997 (FMA Act) establishes the National Collections Special Account (paragraph 1). The account is intended to manage the National Collections Programme, which focuses on projects, programmes and strategies associated with the future directions, needs and priorities of the collections sector (paragraph 5). This sector includes libraries, museums, archives, galleries, keeping places, and historic houses in Australia that hold the distributed national collection (DNC). The DNC comprises significant objects that tell the nation’s story and contribute to defining Australian identity and national memory. The account will hold funds contributed by the Commonwealth, State and Territory Governments until they are needed for the programme. The purposes for which the account can be debited are outlined in Clause 6(1) of the determination. The obligations imposed by the determination include the requirement for the Department of Communications, Information Technology and the Arts (DCITA) to manage the National Collections Programme through the Special Account (paragraph 4). The DCITA must ensure that funds are used for the specified purposes outlined in the determination, including activities such as the Australian Museums and Galleries Online (AMOL) operations, secretariat and administrative support for the National Collections Advisory Forum (NCAF), and various projects/consultancies that form part of the NCAF’s work programme (paragraph 5). The Special Account must also provide transparency in financial status reports, assurance to contributing governments that funds are used as agreed, and a standing appropriation to facilitate cross-financial-year spending approvals by the Cultural Ministers’ Council (CMC) (paragraph 7). The determination further specifies that the account can be debited for activities related to the management and administration of the account, and for any other purposes permitted under section 28 of the FMA Act (paragraph 6(1)). The determination does not explicitly outline offences, penalties, or consequences for breach. However, any misuse of the Special Account or non-compliance with the purposes specified in the determination could potentially lead to financial mismanagement issues. The FMA Act provides a framework for financial management within the Commonwealth, and any breach of the terms of the Special Account determination could be subject to review and corrective action under the Act. The determination's disallowance process, as outlined in the Legislative Instruments Act 2003, allows for parliamentary oversight and the potential disallowance of the determination if it is found to be non-compliant with legislative requirements (paragraph 9). While the determination does not specify maximum penalties for breaches, any financial mismanagement could result in scrutiny, review, and potential legal action under the relevant sections of the FMA Act.

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Determination
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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.