PGPA Act (Consular Services Special Account
2015–Establishment) Determination 2015/05
Public Governance, Performance and Accountability Act 2013
I, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make this determination.
 
 
_____________________________________________
MATHIAS HUBERT PAUL CORMANN
Minister for Finance
Dated: 14 July 2015
 
Part 1 - Establishment
1             Name of determination
This determination is the PGPA Act (Consular Services Special Account 2015 – Establishment) Determination 2015/05.
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 The sunsetting provisions mean that this special account will be repealed on the earlier of 1 April or 1 October falling on or after the tenth anniversary of registration.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 and effect
This determination takes effect on the day specified in paragraph 79(5)(a) of the PGPA Act.
3             Legislative authority
This determination is made under subsections 78(1) and (3) of the PGPA Act.
 
4             Definitions
In this determination:
accountable authority has the meaning given by the PGPA Act.
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 Consular Services Special Account 2015 (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 of Foreign Affairs and Trade.
7             Amounts that are allowed to be credited
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 in the course of the performance of functions that relate to the purposes of the special account;
(b)   amounts received from any person for the purposes of the special account;
(c)    amounts that have been debited from the Consular Services Special Account established by the Financial Management and Accountability Determination 2005/38 — Consular Services Special Account Establishment 2005.
Note 1      An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that 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 under paragraph 74(1)(b) of the PGPA Act and subsection 27(5) of the Public Governance, Performance and Accountability Rule 2014.
Note 3      An example of an amount that is allowed to be credited to the special account under paragraph 7(a) or (b) is an amount paid to the Commonwealth by family in Australia of an Australian citizen or permanent resident who is overseas, for subsequent payment to that person overseas by the Commonwealth in the circumstances covered by paragraph 8(a).
8             Purposes for which amounts are allowed to be debited
For paragraph 78(1)(c) of the PGPA Act, the purposes for which amounts are allowed to be debited from the special account are:
(a)      providing assistance to Australian citizens and permanent residents overseas:
(i)            in circumstances of urgency; or
(ii)          when commercial money transfer services are unavailable or inappropriate; and
(b)      to repay residual amounts that remain after related payments have been made under paragraph (a);
(c)      activities that are incidental to a purpose mentioned in paragraphs (a) or (b);
(d)      to reduce the balance of the special account (and, therefore, the available appropriation) without making a real or notional payment;
(e)      to repay amounts where an Act or other law requires or permits the repayment of an amount received.
 
 
Note 1      Subsection 78(4) of the PGPA Act appropriates the Consolidated Revenue Fund for payments made with amounts debited from 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      An example of when paragraph 8(b) allows payments to be made is where: family of an Australian citizen or permanent resident who is overseas pays to the Commonwealth an amount to be paid to assist the overseas person in the circumstances covered by paragraph 8(a); the Commonwealth credits that amount to the special account; and it transpires that less than the full amount paid by the family is required to assist the overseas person. In such a case, the residual amount which remains credited to the special account from the original payment by the family to the Commonwealth may be repaid to the family.
Note 4      The purpose of paragraph 8(c) 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.
Note 5      The purpose of paragraph 8(d) 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.
 
Part 2 – Transitional variation    
Subsection 6 (1) of the Financial Management and Accountability Determination 2005/38 — Consular Services Special Account Establishment 2005 is varied by adding at the end:
             ; and (f)  to credit amounts to the Consular Services Special Account 2015.
Note:       That determination is automatically repealed on 1 October 2015 by the operation of section 50 of the Legislative Instruments Act 2003 (Sunsetting). The variation provides for any remaining amounts in the special account established by that determination to be transferred to the Consular Services Special Account 2015 (a new special account established by this determination).