Financial Management and Accountability Determination 2006/58 - Australian Archives Projects and Sponsored Activities Account Variation and Abolition 2006

Administered by Department of Finance

Legislation au F2006L02914 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 2006/58 to vary and abolish a Special Account

Purposes of Determination 2006/58

The attached instrument makes a determination under section 20 of the Financial Management and Accountability Act 1997 (FMA Act) to vary and subsequently abolish the Australian Archives Projects and Sponsored Activities 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.  A Special Account is established by a determination that sets out the amounts that may be credited 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 Special Account.

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 be abolished by a determination of the Finance Minister.  However, there is no requirement to table such a determination.

Operation of the Determination 2006/58

Purpose of the Australian Archives Projects and Sponsored Activities Account

A new Special Account, entitled the Australian Archives Projects and Sponsored Activities Special Account (‘the new Account’), is required in order to give effect to changes that are required to the Australian Archives Projects and Sponsored Activities Account, but which are not practical to make by variation to the Australian Archives Projects and Sponsored Activities Account due to the way in which its original determination was structured.


The current purpose of the Australian Archives Projects and Sponsored Activities Account is:

For expenditure on projects which are supported by sponsorships or donations. 

Change required

A clause has been inserted to allow amounts to be debited from the Australian Archives Projects and Sponsored Activities Account and credited to the new Account.

Limitations in the structure of the original determination

It is not practical to vary the original determination signed by the delegate of the Minister for Finance and Administration on 7 April 1998 (establishing an Australian Archives Projects and Sponsored Activities Reserve as a component of the Reserved Money Fund).  This is because the format of the determination constrains the amount of information that can be included.  Accordingly, a new Account is being established (Determination 2006/59) to provide for the continuation of the activities of the Australian Archives Projects and Sponsored Activities Account, the incorporation of the necessary changes, and to ensure that the determination is as clear and informative as possible.

Effect of this determination

The Australian Archives Projects and Sponsored Activities Account is being varied by this determination (Determination 2006/58) to enable its balance to be credited to the new Account.  Once the balance of the Australian Archives Projects and Sponsored Activities Account reaches zero, clause 4 of the determination will abolish the Australian Archives Projects and Sponsored Activities Account.

Consultation

The National Archives of 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. As the instrument is for internal machinery of government purposes only, no consultation was considered necessary with other persons (see sections 17 and 18 of the Legislative Instruments Act 2003).

Estimates of transactions on the Australian Archives Projects and Sponsored Activities Account

 

Opening Balance

2006-07

$’000

Credits

 

2006-07

$’000

Debits

 

2006-07 (1)

$’000

Closing Balance

2006-07

$’000

Australian Archives Projects and Sponsored Activities Account

249

0

249

0

1. Includes balance debited from the Australian Archives Projects and Sponsored Activities Account and credited to the new Account.

Overview

The Financial Management and Accountability Act 1997, enacted by the Australian Parliament, sets out the framework for financial management and accountability within the federal government. The Act provides for the establishment of Special Accounts under section 20, which are used to manage specific revenue and expenditure streams. Determination 2006/58, issued by the Minister for Finance and Administration under section 20 of the FMA Act, seeks to vary and ultimately abolish the Australian Archives Projects and Sponsored Activities Account, as it is not feasible to make the necessary changes to the original account due to its structural limitations. This determination allows for the transfer of the account's balance to a newly established account (Determination 2006/59) to ensure the continuation of the account's activities with improved clarity. The National Archives of Australia, the affected agency, was consulted and agrees with the form of the instrument, and no further consultation was considered necessary as the determination pertains to internal machinery of government purposes.

Scope and Application

The Financial Management and Accountability Act 1997 Determination 2006/58 pertains to the variation and subsequent abolition of the Australian Archives Projects and Sponsored Activities Account. The Act applies to the specific accounts mentioned within the determination and is relevant to entities that interact with these accounts, primarily the National Archives of Australia. This legislation operates within the Commonwealth jurisdiction, governed by the Financial Management and Accountability Act 1997. The primary objective is to establish a new Special Account to replace the existing Australian Archives Projects and Sponsored Activities Account due to structural constraints in varying the original account. The new account is intended to accommodate the required changes while ensuring clarity and effectiveness in financial management. There are no exclusions or exemptions specified in this particular determination, and it does not extend or restrict application through subordinate instruments. The abolition of the existing account will be effective once its balance reaches zero, following the crediting of its remaining balance to the new account.

Key Provisions

The main operative sections of Determination 2006/58 under the Financial Management and Accountability Act 1997 (FMA Act) include the establishment of a new Special Account titled the Australian Archives Projects and Sponsored Activities Special Account (section 1). This determination (section 2) allows the existing Australian Archives Projects and Sponsored Activities Account to be varied, effectively transferring its balance to the new Account. Once the balance of the Australian Archives Projects and Sponsored Activities Account reaches zero, the Account will be abolished (section 4). This process is intended to incorporate necessary changes that are not feasible due to the structure of the original determination from 1998. The obligations and requirements imposed by this Act primarily involve the Finance Minister. Section 22 of the FMA Act mandates that the Finance Minister must table a copy of the establishing or varying determination in each House of Parliament. Additionally, under the Legislative Instruments Regulations 2004, Special Account determinations are exempt from certain disallowance provisions in the Legislative Instruments Act 2003, ensuring that disallowance provisions remain intact. The National Archives of Australia, as the affected agency, was consulted and agrees with the form of the instrument. Given the internal nature of the instrument, no broader consultation was deemed necessary. The Act does not explicitly state any specific offences or penalties for breaches of the determination. However, any failure to comply with the procedures outlined in the FMA Act or the Legislative Instruments Act 2003 could potentially result in legal consequences. These might include civil or administrative penalties for non-compliance with financial management regulations or parliamentary disallowance if procedural requirements are not met. The precise penalties would depend on the specific nature and severity of the breach, as well as other relevant laws and regulations.

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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.