EXPLANATORY STATEMENT
Issued by the authority of the Minister for Finance and Deregulation
Financial Management and Accountability Act 1997
Determination 2010/13 – Abolition of Inactive Special Accounts 2010
Purposes of Determination 2010/13
The attached instrument makes a determination under section 20 of the Financial Management and Accountability Act 1997 (FMA Act) to abolish 34 Special Accounts.
Special Accounts generally
In accordance with the Constitution, all revenue or money raised or received by the Government of the Commonwealth forms one Consolidated Revenue Fund (CRF) and may not be spent unless under an appropriation made in law 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 the purposes 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 the 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, such a determination is not subject to parliamentary disallowance.
Operation of Determination 2010/13
Reasons for abolishing the Special Accounts
In 2010, a review of inactive Special Accounts was undertaken by the Department of Finance and Deregulation, in consultation with agencies. This review identified that the following 34 Special Accounts are no longer required and therefore can be abolished:
Agencies Special Account
Australian Centre for International Agricultural Research | Other Trust Moneys Account
|
Australian Crime Commission | Other Trust Moneys Account |
Australian Institute of Family Studies | Other Trust Moneys– Australian Institute of Family Studies Special Account |
Australian Organ and Tissue Donation and Transplantation Authority | Services for Other Entities and Trust Moneys – Organ and Tissue Authority Special Account |
Australian Pesticides and Veterinary Medicines Authority | Services for Other Entities and Trust Moneys – Australian Pesticides and Veterinary Medicines Authority Special Account |
Australian Secret Intelligence Service | Other Trust Moneys Account |
Australian Sports Anti-Doping Authority | Other Trust Moneys – Australian Sports Anti-Doping Authority Special Account |
Australian Transaction Reports and Analysis Centre | Other Trust Moneys Account |
Commonwealth Grants Commission | Other Trust Moneys – Commonwealth Grants Commission Special Account |
Corporations and Markets Advisory Committee | Services for Other Entities and Trust Moneys – Corporations and Markets Advisory Committee Special Account |
CrimTrac Agency | Other Trust Moneys – CrimTrac Agency Special Account |
Department of Broadband, Communications and the Digital Economy | International Aid Special Account |
Department of Families, Housing, Community Services and Indigenous Affairs* | Indigenous Employment Special Account |
Department of Families, Housing, Community Services and Indigenous Affairs** | Other Trust Moneys Account |
Department of Families, Housing, Community Services and Indigenous Affairs* | Services for other Governments and Non-agency Bodies Account |
Department of Parliamentary Services | Services for other Governments and Non-agency Bodies Account |
Department of the Treasury
| Services for other Governments and Non-agency Bodies Account |
Family Court of Australia | Other Trust Moneys Account |
Agencies (continued) | Special Account (continued) |
Federal Magistrates Court of Australia | Other Trust Moneys – Federal Magistrates Court Special Account |
Future Fund Management Agency | Other Trust Moneys – Future Fund Management Agency Special Account |
National Blood Authority | Other Trust Moneys – National Blood Authority Special Account |
National Competition Council | Other Trust Moneys Account |
National Water Commission | Other Trust Moneys – National Water Commission Special Account |
Office of National Assessments | Other Trust Moneys Account |
Office of Parliamentary Counsel | Other Trust Moneys Account |
Office of the Auditing and Assurance Standards Board
| Office of the Auditing and Assurance Standards Board Services for Other Entities and Trust Moneys Special Account |
Office of the Australian Accounting Standards Board
| Office of the Australian Accounting Standards Board Services for Other Entities and Trust Moneys Special Account |
Office of the Australian Building and Construction Commissioner | Other Trust Moneys – Office of the Australian Building and Construction Commissioner Special Account |
Office of the Inspector-General of Intelligence and Security | Other Trust Moneys Account |
Office of the Official Secretary to the Governor-General | Other Trust Moneys Account |
Old Parliament House | Old Parliament House Services for Other Entities and Trust Moneys Special Account |
Private Health Insurance Ombudsman | Services for Other Entities and Trust Moneys – Private Health Insurance Ombudsman Special Account |
Productivity Commission | Other Trust Moneys Account |
Equal Opportunity for Women in the Workplace Agency | Other Trust Moneys Account |
*The Department of Families, Housing, Community Services and Indigenous Affairs’ Indigenous Employment Special Account and Services for other Governments and Non-agency Bodies Account will be abolished once their balances reach zero.
** The Department of Families, Housing, Community Services and Indigenous Affairs’ Other Trust Moneys Account will be abolished once its balance reaches zero and the Services for Other Entities and Trust Moneys – Department of Families, Housing, Community Services and Indigenous Affairs Special Account has been established.
Effect of this determination
Consistent with agencies’ requests, the Special Accounts identified above are abolished by this determination (Determination 2010/13).
Consultation
The agencies affected by this instrument were consulted during its preparation. The agencies were provided with drafts of the instrument and agree with the form of the instrument. As the instrument is for internal machinery of government purposes only, no consultation with other persons was considered necessary (see sections 17 and 18 of the Legislative Instruments Act 2003).
Estimates of transactions in the Special Accounts
| 2010-11 ($’000) | |||
| Opening Balance | Credits | Debits | Closing Balance |
Australian Centre for International Agricultural Research Other Trust Moneys Account | 0 | 0 | 0 | 0 |
Australian Crime Commission Other Trust Moneys Account | 0 | 0 | 0 | 0 |
Other Trust Moneys - Australian Institute of Family Studies Special Account | 0 | 0 | 0 | 0 |
Services for Other Entities and Trust Moneys – Organ and Tissue Authority Special Account | 0 | 0 | 0 | 0 |
Services for Other Entities and Trust Moneys – Australian Pesticides and Veterinary Medicines Authority Special Account | 0 | 0 | 0 | 0 |
Australian Secret Intelligence Service Other Trust Moneys Account | 0 | 0 | 0 | 0 |
Other Trust Moneys - Australian Sports Anti-Doping Authority Special Account | 0 | 0 | 0 | 0 |
Australian Transaction Reports and Analysis Centre Other Trust Moneys Account | 0 | 0 | 0 | 0 |
Other Trust Moneys - Commonwealth Grants Commission Special Account | 0 | 0 | 0 | 0 |
Services for Other Entities and Trust Moneys – Corporations and Markets Advisory Committee Special Account | 0 | 0 | 0 | 0 |
Other Trust Moneys - CrimTrac Agency Special Account | 0 | 0 | 0 | 0 |
Department of Broadband, Communications and the Digital Economy International Aid Special Account | 0 | 0 | 0 | 0 |
Department of Families, Housing, Community Services and Indigenous Affairs Indigenous Employment Special Account | 16,510 | 0 | 0 | 16,510 |
Department of Families, Housing, Community Services and Indigenous Affairs Other Trust Moneys Account | 0 | 0 | 0 | 0 |
Department of Families, Housing, Community Services and Indigenous Affairs Services for other Governments and Non-agency Bodies Account | 1,536 | 11,190 | (12,726) | 0 |
Department of Parliamentary Services Services for other Governments and Non-agency Bodies Account | 0 | 0 | 0 | 0 |
Estimates of transactions in the Special Accounts (continued)
Department of the Treasury Services for other Governments and Non-agency Bodies Account | 0 | 0 | 0 | 0 |
Family Court of Australia Other Trust Moneys Account | 4 | 250 | (254) | 0 |
Other Trust Moneys - Federal Magistrates Court Special Account | 0 | 0 | 0 | 0 |
Other Trust Moneys - Future Fund Management Agency Special Account | 0 | 0 | 0 | 0 |
Other Trust Moneys - National Blood Authority Special Account | 0 | 0 | 0 | 0 |
National Competition Council Other Trust Moneys Account | 0 | 0 | 0 | 0 |
Other Trust Moneys - National Water Commission Special Account | 0 | 0 | 0 | 0 |
Office of National Assessments Other Trust Moneys Account | 0 | 0 | 0 | 0 |
Office of Parliamentary Counsel Other Trust Moneys Account | 0 | 0 | 0 | 0 |
Office of the Auditing and Assurance Standards Board Services for Other Entities and Trust Moneys Special Account | 0 | 0 | 0 | 0 |
Office of the Australian Accounting Standards Board Services for Other Entities and Trust Moneys Special Account | 0 | 0 | 0 | 0 |
Other Trust Moneys - Office of the Australian Building and Construction Commissioner Special Account | 0 | 0 | 0 | 0 |
Office of the Inspector-General of Intelligence and Security Other Trust Moneys Account | 0 | 0 | 0 | 0 |
Office of the Official Secretary to the Governor-General Other Trust Moneys Account | 0 | 0 | 0 | 0 |
Old Parliament House Services for Other Entities and Trust Moneys Special Account | 0 | 0 | 0 | 0 |
Services for Other Entities and Trust Moneys – Private Health Insurance Ombudsman Special Account | 0 | 0 | 0 | 0 |
Productivity Commission Other Trust Moneys Account | 0 | 0 | 0 | 0 |
Equal Opportunity for Women in the Workplace Agency Other Trust Moneys Account | 0 | 0 | 0 | 0 |