PGPA Act Determination (AFMA SOETM Special Account 2018)

Part 2-Special account credits and debits 2

Part 3-Transitional and Repeal Provisions 3

Part 1-Establishment

This instrument is the PGPA Act Determination (AFMA SOETM Special Account 2018).

Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Column 1 Column 2 Column 3

Provisions Commencement Date/Details

The whole of this instrument The day mentioned in paragraph 79(5)(a) of the Act.

Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any version of this instrument published on the Federal Register of Legislation.

This instrument is made under subsections 78(1) and 78(3) of the Act.

In this instrument:

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

AFMA means the Australian Fisheries Management Authority.

corporate Commonwealth entity has the same meaning as in paragraph 11(a) of the Act.

Commonwealth company has the same meaning as in subsection 89(1) of the Act.

date of repeal means the date on which subclause 11(1) takes effect.

opening balance means the amount that is required to be credited to the special account under clause 9.

SOETM means Services for Other Entities and Trust Moneys.

SOETM account means the Australian Fisheries Management Authority Services for Other Entities and Trust Moneys Special Account, which was established by the SOETM instrument.

SOETM instrument means the Financial Management and Accountability Determination 2008/12 to establish the Australian Fisheries Management Authority Services for Other Entities and Trust Moneys Special Account.

the special account means the AFMA SOETM Special Account 2018.

For subsection 78(1)(a) of the Act, the AFMA SOETM Special Account 2018 is established as a special account (the special account).

For subsection 78(1)(d) of the Act, the accountable authority responsible for the special account is the Chief Executive Officer of AFMA.

Part 2-Special account credits and debits

For subsection 78(1)(b) of the Act, the following amounts may be credited to the special account:

an amount held on trust or otherwise for the benefit of a person other than the Commonwealth;

an amount received in the course of the performance of functions that relate to one or more purposes of the special account;

an amount received from any person for one or more purposes of the special account.

For subsection 78(1)(c) of the Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are:

to disburse an amount held on trust or otherwise for the benefit of a person other than the Commonwealth;

to disburse an amount in connection with services performed for a corporate Commonwealth entity, Commonwealth company or another government;

to disburse an amount in connection with joint activities performed on behalf of another government, organisation or person;

to repay an amount where a court order, Act or other law requires or permits the repayment of an amount received;

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

Part 3-Transitional and Repeal Provisions

For subsection 78(1)(b) of the Act, the amount in subclause 9(2) (opening balance) is required to be credited to the special account on the date of its establishment.

The opening balance is equal to the amount standing to the credit of the SOETM account immediately prior to the repeal of the SOETM instrument.