PGPA Act Determination (DHA Borrowings Special Account 2020)

Part 2-Special account credits and debits 2

Part 1-Establishment

This instrument is the PGPA Act Determination (DHA Borrowings Special Account 2020).

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 later of the day mentioned in paragraph 79(5)(a) of the PGPA Act or

1 October 2020.

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 subsection 78(1) of the PGPA Act.

In this instrument:

borrowing means a loan from the Commonwealth to DHA in accordance with section 36 of the DHA Act.

DHA has the same meaning as in the DHA Act.

DHA Act means the Defence Housing Australia Act 1987.

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

special account means the DHA Borrowings Special Account 2020 established by this instrument.

For paragraph 78(1)(a) of the PGPA Act, the DHA Borrowings Special Account 2020 is established as a special account (the special account).

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

Part 2-Special account credits and debits

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

an amount appropriated by the Parliament for the purposes of facilitating a borrowing;

an amount received from DHA that relates to a borrowing;

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

to pay an amount to DHA in relation to a borrowing;

to make payments incidental to the purposes in paragraph (a), including to meet direct and indirect costs of administering the special account and activities relating to, entering into or managing a borrowing;

to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment; and to repay an amount where a court order, Act or other law requires or permits the repayment of an amount received.