EXPLANATORY STATEMENT
Issued by the authority of the Minister for Finance
Public Governance, Performance and Accountability Act 2013
PGPA Act Determination (Indian Ocean, Jervis Bay and Norfolk Island Territories Special Account 2023)
Purpose of this determination
This determination is made under subsections 78(1) and 78(3) of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) to establish the Indian Ocean, Jervis Bay and Norfolk Island Territories Special Account 2023 (the special account) for the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the Department).
The purpose of the special account is to enable the Commonwealth to expend amounts and collect and hold non-taxation revenue and receipts associated with the Indian Ocean Territories, Jervis Bay Territory and the Territory of Norfolk Island.
The special account will support the delivery of services including, but not limited to, power, water, healthcare and medical supplies, and the provision of infrastructure including, but not limited to, ports and airports and Commonwealth rental properties, in the Indian Ocean Territories and the Jervis Bay Territory. It will enable the Commonwealth to collect and hold non-taxation revenue and receipts in relation to those matters.
The special account will also enable the Commonwealth to collect and hold non-taxation revenue and receipts in relation to the delivery of services and the conduct and management of activities within the Territory of Norfolk Island, such as tourism-related activities as well as the management of Commonwealth rental properties. The special account will also support the Commonwealth to manage its heritage obligations in relation to the Territory of Norfolk Island, including with respect to the Kingston and Arthur’s Vale Historic Area (KAVHA) site. The special account will enable the Department to retain related non-taxation revenue such as museum entry fees, rental income, gifts, donations and merchandise sales, and facilitate payments in relation to the KAVHA site and facilities.
The services are provided with the assistance of the states and private contractors. The special account may be credited with amounts received from people who receive these services. Taxation revenue cannot be credited to the special account.
The balance of the special account may be reduced without making a real or notional payment, which would have the effect of reducing the available appropriation for the purposes of the special account.
The Department has two existing special accounts that deal with related matters, which were established in 2014: the Indian Ocean Territories Special Account 2014 established by the PGPA Act (Indian Ocean Territories Special Account 2014 – Establishment) Determination 02 and the Jervis Bay Territory Special Account 2014 established by the PGPA Act (Jervis Bay Territory Special Account 2014 – Establishment) Determination 03. Those instruments are due to sunset on 1 April 2025 under section 50 of the Legislation Act 2003.
Once the special account is established, the legislative instruments establishing the Indian Ocean Territories Special Account 2014 and the Jervis Bay Territory Special Account 2014 will be repealed and an amount equivalent to the total of the amounts standing to the credit of the Indian Ocean Territories Special Account 2014 and the Jervis Bay Territory Special Account 2014 immediately prior to the commencement of the instrument establishing the special account will be credited to the special account as its opening balance.
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 (see 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 CRF. Section 83 of the Constitution provides that such money may not be drawn from the Treasury except under an appropriation made by law.
- A special account enables revenues or moneys raised or received to be set aside for the purposes of that special account.
- Expenditure for the purposes of a special account is supported by an appropriation in the PGPA Act: subsection 78(4) for a special account established by a determination or subsection 80(1) for a special account established by an Act.
Special account determinations
Special account determinations are legislative instruments for the purposes of the Legislation Act 2003. Special account determinations may be varied or revoked by a subsequent determination being made in accordance with subsection 78(3) of the PGPA Act.
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 of the House after the determination was tabled in that House.
If neither House passes a resolution to disallow a special account determination, under subsection 79(5) it commences 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. This determination specifies that it will commence on the later of the day immediately after the last day on which it could have been disallowed and 1 July 2023. The Secretary of the Department will be the accountable authority responsible for the special account on commencement of this 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 Legislation 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, subsection 79(2) provides that they are not subject to disallowance under section 42 of the Legislation Act 2003. As such, a Statement of Compatibility with Human Rights is not required.
Consultation
The Department was consulted in the preparation of this determination.