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PGPA Act (Consular Services Special Account 2015–Establishment) Determination 2015/05

PGPA Act (Consular Services Special Account 2015–Establishment) Determination 2015/05

Administered by Department of Finance

Legislation au F2015L01171 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the authority of the Minister for Finance

Public Governance, Performance and Accountability Act 2013

PGPA Act (Consular Services Special Account 2015-Establishment) Determination 2015/05

(this determination)

Purpose of this determination

This determination is made under subsections 78(1) and (3) of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and it:

- establishes the Consular Services Special Account 2015 (the special account); and

- varies the Consular Services Special Account (the sunsetting special account).

The special account will be used primarily to manage money received to provide assistance to Australian citizens and permanent residents overseas (a) in circumstances of urgency or (b) when commercial money transfer services are unavailable or inappropriate.

The special account is being established because the sunsetting special account, which was established in 2005, will sunset on 1 October 2015 under the Legislative Instruments Act 2003. This determination enables the balance of the sunsetting special account to be transferred to the special account before the sunetting date, so that required payments may be made for the purposes of the special account. This determination differs from the determination that established the sunsetting special account only to the extent required to provide for the transfer of amounts to the special account and to make other updates or stylistic changes (for example, to reflect that it is made under the PGPA Act, rather than the Financial Management and Accountability Act 1997).

The operating context of special accounts

A special account may be established by a determination made by the Minister for Finance, (under section 78 of the PGPA Act) or by an Act other than the PGPA Act (consistent with section 80 of the PGPA Act).

A special account is an appropriation mechanism that sets aside amounts within the Consolidated Revenue Fund (CRF) for spending on specified purposes. The purposes of a special account are set out in the establishing determination or Act.

In accordance with section 81 of the Constitution, all revenues or moneys raised or received by the Commonwealth Executive Government form one Consolidated Revenue Fund (CRF). Section 83 of the Constitution provides that such money may not be spent except under an appropriation made by law.

- A special account enables moneys raised or received to be set aside for the purposes of a special account.

- Payments for the purpose of a special account are supported by an appropriation contained in subsection 78(4) of the PGPA Act (for a determination established special account) and subsection 80(1) of the PGPA Act (for an Act established special account).

Special account determinations

Determinations establishing special accounts are made by the Minister for Finance under subsection 78(1) of the PGPA Act. A special account determination sets out the types of amounts that may be credited to the special account and the purposes for which amounts may be debited from the account.

Special account determinations may be varied or revoked by a subsequent determination being made in accordance with subsection 78(3) of the PGPA Act.

Subsection 79(2) of the PGPA Act provides that special account determinations are legislative instruments under the Legislative Instruments Act 2003. Special account determinations are subject to Part 6 (sunsetting) of the Legislative Instruments Act 2003. A special account determination will, therefore, be repealed on the earlier of 1 April or 1 October falling on or after the tenth anniversary of registration of the determination.

In accordance with subsection 79(3) of the PGPA Act, the Finance Minister must table a copy of such determinations in each House of the Parliament. Subsection 79(4) of the PGPA Act provides that special account determinations are subject to disallowance by either House of the Parliament. The disallowance period starts on the day a special account determination is tabled in the House and ends on the fifth sitting day after the determination was tabled in that House.

If neither House passes a resolution to disallow a special account determination, it comes into effect on the day immediately after the last day on which it could have been disallowed, or on a later day if specified in the determination.

Human Rights

A Statement of Compatibility with Human Rights is not required for this determination. Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires a Statement of Compatibility with Human Rights for all legislative instruments subject to disallowance under section 42 of the Legislative Instruments Act 2003. While determinations made or varied under subsections 78(1) or 78(3) of the PGPA Act are subject to disallowance under section 79 of the PGPA Act, they are not subject to disallowance under section 42 of the Legislative Instruments Act 2003. As such, a Statement of Compatibility with Human Rights is not required.

Consultation

The Department of Foreign Affairs and Trade was consulted in the preparation of this determination. As this determination is for internal machinery of government purposes only, no consultation was necessary with other persons (see sections 17 and 18 of the Legislative Instruments Act 2003).

Overview

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) was enacted by the Parliament of Australia to enhance the accountability and performance of the public sector. This legislation was introduced to address the need for a robust framework governing the management and oversight of public finances and the delivery of public services. One of the mechanisms established under the PGPA Act is the ability to create special accounts for specific purposes, which is facilitated by the Minister for Finance under section 78 of the Act. The PGPA Act (Consular Services Special Account 2015-Establishment) Determination 2015/05 was made to establish the Consular Services Special Account 2015, replacing the existing Consular Services Special Account that was set to sunset on 1 October 2015. This new account aims to manage funds received for providing urgent assistance to Australian citizens and permanent residents overseas when commercial money transfer services are unavailable or inappropriate, ensuring a seamless continuation of services. The policy objective behind this determination is to facilitate the transfer of the remaining balance from the sunsetting special account to the new one, thereby maintaining the capability to provide essential consular services.

Scope and Application

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) Consular Services Special Account 2015-Establishment Determination 2015/05 establishes the Consular Services Special Account 2015, primarily intended for managing funds received to provide urgent assistance to Australian citizens and permanent residents overseas, or when commercial money transfer services are unavailable or inappropriate. This special account was established to replace the Consular Services Special Account, which was set to sunset on 1 October 2015 under the Legislative Instruments Act 2003. The determination facilitates the transfer of the balance from the sunsetting account to the new special account to ensure continued support for the intended purposes. The special account operates under the PGPA Act and is subject to its provisions, including the disallowance process in the Parliament. The establishment of this account is a Commonwealth initiative, aimed at providing a dedicated financial mechanism for consular services, and it is not subject to disallowance under the Legislative Instruments Act 2003, thus negating the requirement for a Statement of Compatibility with Human Rights.

Key Provisions

The determination (F2015L01171) establishes the Consular Services Special Account 2015, under section 78(1) of the Public Governance, Performance and Accountability Act 2013 (PGPA Act). This special account is intended to manage funds received to provide urgent assistance to Australian citizens and permanent residents overseas, particularly in situations where commercial money transfer services are unavailable or inappropriate. The special account will replace the existing Consular Services Special Account, which is set to sunset on 1 October 2015 under the Legislative Instruments Act 2003. The determination also facilitates the transfer of the existing account's balance to the new account before the sunset date, ensuring continuity of required payments. This determination modifies the previous one only to the extent necessary for the transfer and to incorporate updates or stylistic changes, such as reflecting the new legislative framework under the PGPA Act. The obligations imposed by this Act on the parties involved include the establishment and management of the Consular Services Special Account 2015. The Minister for Finance, under section 78(1) of the PGPA Act, is responsible for establishing the special account and setting out the types of amounts that may be credited to it and the purposes for which these amounts may be debited. Payments from the account must be supported by an appropriation, as stipulated in subsection 78(4) of the PGPA Act for a determination-established special account. The account determination must be tabled in each House of the Parliament, and it is subject to disallowance under subsection 79(4) of the PGPA Act, which requires the determination to be disallowed within a specific period if not passed by resolution. In terms of consequences for non-compliance, the determination itself does not explicitly state specific offences, penalties, or civil/criminal consequences for breaches. However, given that special account determinations are legislative instruments under the Legislative Instruments Act 2003, non-compliance with the provisions set out in the determination could potentially lead to legal actions or administrative penalties. The legislative context implies that any misuse or improper handling of funds within the Consular Services Special Account could result in legal consequences, including possible financial penalties or other administrative sanctions, depending on the severity and nature of the breach.

Area of Law: Administrative Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Delegation & Subordinate Legislation; Commencement Provisions; Repeal & Amendment

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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.

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