EXPLANATORY STATEMENT

Issued by the authority of the Minister for Finance and Administration

Financial Management and Accountability Act 1997

Determination 2006/10 to vary a Special Account

Purposes of Determination 2006/10

The attached instrument makes a determination under subsection 20 (2) of the Financial Management and Accountability Act 1997 (FMA Act) to vary a previous Special Account Determination.  This variation is in relation to the Determination titled Financial Management and Accountability (Special Accounts) Determination 2001/11 which established the Australia New Zealand Land Information Council Account.

Special Accounts Generally

In accordance with the Constitution, all revenues or moneys raised or received by the Government of the Commonwealth form one Consolidated Revenue Fund (CRF) and may not be spent unless under an appropriation by the Parliament for the purposes of the Commonwealth.  This Determination varies a Special Account, and sets out the amounts that may be credited to the Special 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 amounts from the CRF to be spent on a purpose specified in the determination.

Determinations that establish Special Accounts, or vary determinations that establish Special Accounts, are subject to section 22 of the FMA Act. Section 22 of the FMA Act requires the Finance Minister to table a copy of the establishing or varying determination 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.

Special Accounts can also be abolished by a determination of the Finance Minister.  However, there is no requirement to table the determination to abolish a Special Account.

Operation of Determination 2006/10

Reasons for varying the Special Account

This Determination varies the Financial Management and Accountability (Special Accounts) Determination 2001/11, which established the Australia New Zealand Land Information Council Account.

The Determination is required in order to give effect to changes that are required to the Australia New Zealand Land Information Council Account. The current purpose of the Special Account is:

for the expenditure of moneys to meet the financial and administrative operation of the National Office of the Australia New Zealand Land Information Council.

Changes required

The changes required to the old account are set out below:

• the name of the Special Account has been changed from Australia New Zealand Land Information Council Account to Australia New Zealand Land Information Special Account.  Specific reference to the name of the body is avoided, where possible, to prevent unnecessary changes to a Special Account should the body’s name change; and
• the purpose of the Special Account has been varied to better describe the activities of the Special Account and to remove reference to the body, so as to avoid any unnecessary changes should the body’s name change.  It is not intended to change the current scope of the Special Account.

As part of a programme to enhance the clarity of Special Account determinations and to remove any areas of doubt over the scope of the purposes of Special Accounts, the following changes are being incorporated within the determinations of all Special Accounts, where appropriate, and where the need for other variations arise:

• a provision to debit amounts relating to incidental activities.  This 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.  The existing purpose clause would often allow the debiting of the Special Account for these costs, depending on the degree of directness of connection of the costs with other purposes of the Special Account.  The inclusion of the new incidental clause removes the need to obtain legal advice on the degree of directness of connection for individual transactions;
• a capacity to return excess amounts to the Budget (that is, reduce the balance of the Special Account without a real or notional payment).  This provision 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;
• a clause to allow for amounts to be repaid when another Act or law allows it.  This has always been permitted by section 28 of the FMA Act, but is now included in determinations to simplify accounting for these transactions; and
• notes that identify general credits and debits that can be made to Special Accounts, for information purposes, in reliance on other laws.

Effect of this determination

This Determination varies Financial Management and Accountability (Special Accounts) Determination 2001/11 to make its purposes and appearance consistent with a new template for all Special Account determinations.  The compiled Determination will be in a format that makes the Determination as clear and informative as possible.

Consultation

Geoscience Australia is the agency affected by this instrument.  The agency was provided with drafts of the instrument and agrees 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 Australia New Zealand Land Information Special Account