PGPA Act (Water Resources Special Account 2016 — Establishment) Determination 2016/01

PGPA Act (Water Resources Special Account 2016 — Establishment) Determination 2016/01

made under subsection 78(1) of the

Public Governance, Performance and Accountability Act 2013

Compilation No. 1

Compilation date: 8 March 2023

Includes amendments up to: F2023L00048

Registered: 6 April 2023

About this compilation

This compilation

This is a compilation of the PGPA Act (Water Resources Special Account 2016 — Establishment) Determination 2016/01 that shows the text of the law as amended and in force on 8 March 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1 Name

This instrument is the PGPA Act (Water Resources Special Account 2016 — Establishment) Determination 2016/01.

Note 1 All special account determinations and compilations are registered on the Federal Register of Legislative Instruments (FRLI) kept under the Legislative Instruments Act 2003. See http://www.comlaw.gov.au

Note 2 The Determination is subject to Part 6 (sunsetting) of the Legislative Instruments Act 2003. The sunsetting provisions mean that this special account will be repealed on the earlier of 1 April or 1 October falling on or after the tenth anniversary of registration.

2 Commencement

This instrument takes effect on the day provided for by paragraph 79(5)(a) of the PGPA Act.

3 Authority

This instrument is made under subsection 78(1) of the PGPA Act.

4 Definitions

In this instrument:

Department means the Department of Climate Change, Energy, the Environment and Water.

PGPA Act means the Public Governance, Performance and Accountability Act 2013.

5 Establishment

For paragraph 78(1)(a) of the PGPA Act, a special account is established with the name Water Resources Special Account 2016 (the special account).

6 Accountable authority

For paragraph 78(1)(d) of the PGPA Act, the accountable authority responsible for the special account is the Secretary of the Department.

7 Credits to the special account

For paragraph 78(1)(b) of the PGPA Act, amounts equal to the following are allowed to be credited to the special account:

(a) amounts received by the Commonwealth from other governments or persons for the purposes of the special account;

(b) amounts received by the cross-jurisdictional committees and secretariats described in paragraph 8(a) of this determination, in the course of the performing their functions.

Note 1 If any of the purposes of a special account are covered by an item in an Appropriation Act (whether or not the item refers to the special account), then amounts may be debited against the appropriation for that item and credited to the special account.

Note 2 Where an amount equal to an amount debited from the special account is repaid to the Commonwealth, the amount may be credited to the special account, see paragraph 74(1)(b) of the PGPA Act and subsection 27(5) of the Public Governance, Performance and Accountability Rule 2014.

8 Purposes of the special account

For paragraph 78(1)(c) of the PGPA Act, amounts standing to the credit of the special account are allowed to be debited for the following purposes:

(a) to make payments in relation to the cross-jurisdictional committees and secretariats that support inter-governmental activities relating to water;

(b) to make payments to meet expenses that are incidental to administering the special account;

(c) to reduce the balance of the special account (and, therefore, the available appropriation) without making a real or notional payment;

(d) to repay, as required by law, amounts that have been credited to the special account.

Note 1 Subsection 78(4) of the PGPA Act appropriates the Consolidated Revenue Fund (CRF) for expenditure for the purposes of the special account up to the balance for the time being of the special account. Subsection 78(6) of the PGPA Act provides that whenever an amount is debited against the appropriation, the amount is taken to be also debited from the special account.

Note 2 An amount may be debited from the special account where:

(a) it has been incorrectly credited by virtue of a clerical mistake; or

(b) it has been credited through the exercise of a discretion by an official and the exercise of that discretion was actuated by a fundamental mistake of fact or law. Legal advice should be obtained before an amount is debited on this basis.

Note 3 The purpose of paragraph 8(b) above is to allow for the special account to be debited for the administration of the special account and for dealing with direct and indirect costs in relation to administering the special account.

Note 4 The purpose of paragraph 8(c) is to allow for the balance of the special account to be reduced. When the special account is debited for this purpose, there is no payment or credit available to another party, account or appropriation.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history