EXPLANATORY STATEMENT
Issued by the authority of the Minister for Finance
Public Governance, Performance and Accountability Act 2013
PGPA Act (Military Death Claim Compensation Special Account 2015 — Establishment) Determination 2015/08
Purpose of this determination
This determination is made under subsection 78(1) of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and it:
- establishes the Military Death Claim Compensation Special Account 2015 (the special account).
- varies the Military Death Claim Compensation Special Account (the sunsetting special account).
The special account will be used to manage Death Claim Compensation payments made to dependents of a Defence Force member after the member’s death. The Military Rehabilitation and Compensation Act 2004 (MRC Act) and the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) details to whom and in what circumstances the payments are made.
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 sunsetting 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 CRF. Under section 83 of the Constitution, 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 that special account.
- Payments made 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 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 date of tabling. In effect, the determination is presented in each House for six days.
If neither House pass 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 Veterans’ Affairs, the Australian Government Solicitor and the Office of Parliamentary Counsel were 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).