EXPLANATORY STATEMENT

Issued by the authority of the Minister for Finance and Deregulation

Financial Management and Accountability Act 1997

Determination 2009/02 to establish a Special Account

Purposes of Determination 2009/02

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 Young Endeavour Youth Program 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 Young Endeavour Youth Program Special 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 may be 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 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 be abolished by a determination of the Finance Minister.  However, there is no requirement to table such a determination.

Operation of Determination 2009/02

Purpose of the Young Endeavour Youth Program Special Account

This determination is required in order to establish a Special Account to receive and make payments relating to the operation and activities of the training ship STS Young Endeavour.  Amounts credited to the Special Account include amounts from fares, sale of souvenirs, donations and sponsorships, or any other moneys in connection with the operation and activities of the STS Young Endeavour.

Reasons for establishing a new Special Account

The Young Endeavour Youth Program Special Account is required in order to give effect to changes that are required to the existing Young Endeavour Youth Program Operating Fund Account (‘the old Account’), but which are not practical to make by variation to the old Account, due to the way in which the Initial Determination was structured.  Upon commencement of the FMA Act on 1 January 1998, the old Account was established as a component of the Reserved Money Fund (RMF) in the Initial Determination.  The Financial Management Legislation Amendment Act 1999, which varied the FMA Act, converted the component of the RMF into a Special Account.

The current purposes of the old account are:

For expenditure in relation to:

(a)   the payment to suppliers or a notional payment to the Official Public Account of moneys due in connection with the operation and activities of the STS Young Endeavour;

(b)   the payment of refunds to persons entitled to such refunds in connection with the operation and activities of the STS Young Endeavour; and

(c)   the payment of moneys as specified by the Young Endeavour Youth Program Board of Management, for purposes relating to the operation of the Young Endeavour, or by the Commonwealth.

Changes required

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

• The new Special Account’s title has been changed to make it more concise and improve its readability; and
• The clarification of the expenditure purpose that allows residual balances to be returned to the original payee, in order to make it consistent with other Special Accounts.

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.

Limitations in the structure of the Initial Determination

It is not practical to vary the Initial Determination signed by the delegate of the Minister for Finance and Administration on 31 December 1997 (establishing a Young Endeavour Youth Programme 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 to provide for the continuation of the activities of the old Account, the incorporation of the necessary changes, and to ensure that the determination is as clear and informative as possible.

Consultation

The Department of Defence 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 Young Endeavour Youth Program Special Account

1. Includes balance debited from the old Account and credited to the new Young Endeavour Youth Programme Special Account.