{"id":"F2020L00462","name":"Fuel Indexation (Road Funding) Special Account Determination 2020 (No. 1)","slug":"fuel-indexation-road-funding-special-account-determination-2020-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101044,"registerId":"commonwealth-F2020L00462-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1. Name of Determination","sectionType":"part","heading":"1. Name of Determination","content":"## 1. Name of Determination\n\n    This determination is the Fuel Indexation (Road Funding) Special Account Determination 2020 (No. 1).","sortOrder":0},{"sectionNumber":"2. Commencement","sectionType":"part","heading":"2. Commencement","content":"## 2. Commencement\n\n    This determination commences on the day on which it is registered.\n    Note: Section 42 of the Legislation Act 2003 (which deals with disallowance of legislative instruments) does not apply to this instrument: see subsection 8 (3) of the Fuel Indexation (Road Funding) Special Account Act 2015.","sortOrder":1},{"sectionNumber":"3. Authority","sectionType":"part","heading":"3. Authority","content":"## 3. Authority\n\n    This determination is made under subsection 8 (1) of the Fuel Indexation (Road Funding) Special Account Act 2015.","sortOrder":2},{"sectionNumber":"4. Crediting of amounts","sectionType":"part","heading":"4. Crediting of amounts","content":"## 4. Crediting of amounts\n\n    An amount of $730,000,000.00 is to be credited to the Fuel Indexation (Road Funding) special account on 28 April 2020.\n\n> Note: The Fuel Indexation (Road Funding) special account is the special account established by section 7 of the Fuel Indexation (Road Funding) Special Account Act 2015.","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination does not change the statutory scope of the Fuel Indexation (Road Funding) Special Account Act 2015. It uses the power granted by subsection 8(1) of that Act to make a single, specified credit ($730,000,000) into the special account on a stated date (section 4). The instrument does not amend the Act or the account’s governing rules (see section 3 and the note referencing section 7)."},"complexity_factors":["Single clear operative direction: one monetary credit with a fixed amount and date (section 4).","Statutory cross-references: authority to act cited (subsection 8(1) of the 2015 Act) and link to the special account established by section 7 of the 2015 Act (section 3 and note to section 4).","Procedural exception flagged: disallowance under the Legislation Act 2003 (s42) does not apply because of subsection 8(3) of the 2015 Act (Commencement note).","Fiscal effect requiring accounting treatment and exact timing (administrative implementation burdens).","Absence of detail about funding source or downstream spending rules increases the need to consult the parent Act and agency processes for full implementation."],"plain_english_summary":"# What this instrument does\n\n- Mechanically, the instrument directs that $730,000,000.00 be credited to the Fuel Indexation (Road Funding) special account on 28 April 2020 (section 4).\n- The instrument takes effect on the day it is registered (Commencement). It is made under the authority granted by subsection 8(1) of the Fuel Indexation (Road Funding) Special Account Act 2015 (see section 3).\n- The special account referred to is the Fuel Indexation (Road Funding) special account established by section 7 of the Fuel Indexation (Road Funding) Special Account Act 2015 (note to section 4).\n- The instrument includes a note that the usual parliamentary disallowance procedure in section 42 of the Legislation Act 2003 does not apply to this instrument, under subsection 8(3) of the Fuel Indexation (Road Funding) Special Account Act 2015 (Commencement note).\n\n# Who decides, who moves money, and what changes\n\n- Who decides: the determination is made under the statutory power in subsection 8(1) of the Fuel Indexation (Road Funding) Special Account Act 2015 (section 3). That statutory power authorises the making of this specific credit.\n- What happens to money: the instrument requires that a specified sum ($730,000,000) be credited to the named special account on a specified date (section 4). The instrument does not itself specify the original source account or appropriation used to effect the credit; it directs the credit to the special account.\n- Timing: the credit is to occur on 28 April 2020 (section 4); the determination commences on registration.\n\n# Why this matters (mechanical effects and immediate trade-offs)\n\n- Budgetary allocation: the instrument allocates a fixed sum into the Fuel Indexation (Road Funding) special account on the stated date (section 4). Placing funds into a special account directs those funds to be held within that account’s framework (the account established by s7 of the 2015 Act), rather than leaving them unallocated in the general pool.\n- Administrative effect: implementation requires an administrative transfer or credit entry on the specified date. That is an operational requirement for the agency charged with managing Commonwealth special accounts.\n- Parliamentary review: the instrument is not subject to the ordinary disallowance process under section 42 of the Legislation Act 2003, under the Act’s subsection 8(3) (Commencement note). That is a procedural consequence affecting the parliamentary oversight route for this instrument.\n\n# Costs, incentives, and implementation issues to note (source‑grounded)\n\n- Direct fiscal cost: the concrete and immediate effect is the movement of $730,000,000 into the named special account on the specified date (section 4). The instrument does not set out downstream spending rules in this text; those are governed by the special account’s governing Act (see note referencing s7).\n- Opportunity cost: by directing funds into the special account, those funds will be held for the purposes and uses that the special account permits (the account is the one established under s7). The determination does not itself reallocate funds away from or to other specific programmes in this instrument; it effects the single credit entry.\n- Implementation burden: operationally, an agency must ensure the required credit is made on the specified date. The instrument does not create ongoing compliance obligations for third parties or private entities; it creates a one‑off fiscal action for the Commonwealth’s accounts (section 4).\n- Discretionary scope: the instrument is an exercise of a specific statutory power (subsection 8(1) of the 2015 Act). It does not amend the Act or change the legal conditions governing the special account; it uses an existing power to make a specified credit (section 3).\n\n# Limits of what this instrument does not do (as expressed in the text)\n\n- It does not state the source appropriation or account from which the credit is drawn in this text; it only directs the credit into the named special account (section 4).\n- It does not amend the Fuel Indexation (Road Funding) Special Account Act 2015 or change the account’s statutory rules; it makes one prescribed credit under the Act’s authority (section 3 and note referencing s7).\n\n(References in text: section 3 = authority (subsection 8(1)); section 4 = crediting of amounts; notes referencing s7 and subsection 8(3) appear with the instrument.)"},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This determination performs exactly the function intended by the parent Act: it specifies an amount and date for crediting the special account. The scope remains tightly constrained to this single administrative action."},"complexity_factors":["Extremely short: only 4 operative sections","No defined terms section — relies entirely on definitions in the parent Act","Single, unconditional directive (credit $730 million on a specific date)","No cross-references beyond citations to the enabling Act","No exceptions, conditions, or procedural requirements"],"plain_english_summary":"This is a short, technical piece of legislation that authorises a single financial transaction. It directs that **$730 million** be deposited into a special government bank account called the \"Fuel Indexation (Road Funding) special account\" on **28 April 2020**.\n\n**What this means in practice:**\n- The money comes from fuel excise (a tax on petrol and diesel that increases with inflation — this is the \"fuel indexation\" part)\n- It goes into a dedicated account set up by the *Fuel Indexation (Road Funding) Special Account Act 2015*\n- The funds are specifically earmarked for **road funding** — building and maintaining roads\n\n**Who it affects:**\n- **Indirectly, all Australian motorists** — because the money comes from fuel taxes they pay\n- **State and territory governments** — who ultimately receive this money for road projects\n- **Treasury officials** — who execute the transfer\n\n**Why it matters:**\nThis is part of a broader system where fuel tax revenue is quarantined (kept separate) for road infrastructure rather than going into general government revenue. The 2015 Act requires these specific determinations to move money into the special account. This particular determination was likely related to COVID-19 economic response measures in early 2020, ensuring road funding continued despite economic disruption."}},"importantCases":[],"_links":{"self":"/api/acts/fuel-indexation-road-funding-special-account-determination-2020-no-1","history":"/api/acts/fuel-indexation-road-funding-special-account-determination-2020-no-1/history","analysis":"/api/acts/fuel-indexation-road-funding-special-account-determination-2020-no-1/analysis","conflicts":"/api/acts/fuel-indexation-road-funding-special-account-determination-2020-no-1/conflicts","importantCases":"/api/acts/fuel-indexation-road-funding-special-account-determination-2020-no-1/important-cases","documents":"/api/acts/fuel-indexation-road-funding-special-account-determination-2020-no-1/documents"}}