Part 1
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Commonwealth legislation
This instrument creates a special account for the Department of Climate Change, Energy, the Environment and Water to hold and spend money received as trust funds, payments for services for other entities, gifts or transfers — including the closing balance of the Water Resources Special Account when that instrument sunsets. The Secretary of the Department is the accountable authority. It specifies what classes of receipts may be credited and the authorised categories of disbursement, including legal repayments and notional balance adjustments.
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Direct links to the current provisions in PGPA Act Determination (Climate Change, Energy, the Environment and Water SOETM Special Account 2020).
This instrument is the PGPA Act Determination (Climate Change, Energy, the Environment and Water SOETM Special Account 2020).
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.
Department means the Department of Climate Change, Energy, the Environment and Water.
SOETM means Services for Other Entities and Trust Moneys.
the special account means the Climate Change, Energy, the Environment and Water SOETM Special Account 2020 established by this instrument.
Water Resources Special Account 2016 means the Water Resources Special Account 2016 established by the Water Resources Special Account instrument.
Water Resources Special Account instrument means the PGPA Act (Water Resources Special Account 2016 — Establishment) Determination 2016/01.
For paragraph 78(1)(a) of the Act, the Climate Change, Energy, the Environment and Water SOETM Special Account 2020 is established as a special account (the special account).
For paragraph 78(1)(d) of the Act, the accountable authority responsible for the special account is the Secretary of the Department.
For paragraph 78(1)(b) of the Act, the following amounts may be credited to the special account: (a) an amount held on trust, or otherwise on behalf of or for the benefit of a person other than the Commonwealth; (b) an amount received in the course of the performance of functions that relate to one or more purposes of the special account; (c) an amount received from any person for one or more purposes of the special account; (d) an amount equal to the amount standing to the credit of the Water Resources Special Account 2016 immediately prior to the sunsetting of the Water Resources Special Account instrument.
For paragraph 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: (a) to disburse an amount held on trust or otherwise for the benefit of a person other than the Commonwealth; (b) to disburse an amount in connection with services performed for or on behalf of other governments and bodies, including Commonwealth entities; (c) to disburse an amount in connection with joint activities performed for, on behalf of, or together with, another Commonwealth entity, Commonwealth company, another government, organisation or person; (d) to disburse an amount in connection with an agreement between the Commonwealth and another government; (e) to repay an amount where a court order, Act or other law requires or permits the repayment of an amount received; and (f) to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the PGPA Act Determination (Climate Change, Energy, the Environment and Water SOETM Special Account 2020).
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.
Department means the Department of Climate Change, Energy, the Environment and Water.
SOETM means Services for Other Entities and Trust Moneys.
the special account means the Climate Change, Energy, the Environment and Water SOETM Special Account 2020 established by this instrument.
Water Resources Special Account 2016 means the Water Resources Special Account 2016 established by the Water Resources Special Account instrument.
Water Resources Special Account instrument means the PGPA Act (Water Resources Special Account 2016 — Establishment) Determination 2016/01.
For paragraph 78(1)(a) of the Act, the Climate Change, Energy, the Environment and Water SOETM Special Account 2020 is established as a special account (the special account).
For paragraph 78(1)(d) of the Act, the accountable authority responsible for the special account is the Secretary of the Department.
For paragraph 78(1)(b) of the Act, the following amounts may be credited to the special account: (a) an amount held on trust, or otherwise on behalf of or for the benefit of a person other than the Commonwealth; (b) an amount received in the course of the performance of functions that relate to one or more purposes of the special account; (c) an amount received from any person for one or more purposes of the special account; (d) an amount equal to the amount standing to the credit of the Water Resources Special Account 2016 immediately prior to the sunsetting of the Water Resources Special Account instrument.
For paragraph 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: (a) to disburse an amount held on trust or otherwise for the benefit of a person other than the Commonwealth; (b) to disburse an amount in connection with services performed for or on behalf of other governments and bodies, including Commonwealth entities; (c) to disburse an amount in connection with joint activities performed for, on behalf of, or together with, another Commonwealth entity, Commonwealth company, another government, organisation or person; (d) to disburse an amount in connection with an agreement between the Commonwealth and another government; (e) to repay an amount where a court order, Act or other law requires or permits the repayment of an amount received; and (f) to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment.