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Schedule 4 — Financial Management and Accountability Act 1997
1 Section 5
Insert:
designated Special Account appropriation means an appropriation under section 21 of this Act that relates to:
(a) the COAG Reform Fund established by the COAG Reform Fund Act 2008 ; or
(b) a Special Account established by the Nation-building Funds Act 2008 .
2 Subsection 12(2) (note)
Repeal the note.
3 Subsection 22(4)
Repeal the subsection, substitute:
(4) If neither House passes such a resolution, the determination takes effect:
(a) on the day immediately after the last day upon which such a resolution could have been passed; or
(b) if a later day is specified in the determination—on that later day.
4 Paragraphs 26(b) and (c)
Omit “an appropriation”, substitute “a designated Special Account appropriation”.
5 Section 26 (penalty)
Repeal the penalty.
6 Section 26 (note)
Repeal the note.
7 Paragraphs 27(1)(b) and (c)
Omit “an appropriation”, substitute “a designated Special Account appropriation”.
8 Subsection 27(5)
Repeal the subsection, substitute:
(5) A drawing right has no effect to the extent to which it purports to authorise the making of a payment of public money for which there is no available appropriation.
9 Subsection 32A(4) (heading)
Repeal the heading, substitute:
Retaining prescribed receipts
10 After section 34
Insert:
(1) If:
(a) an amount (the first amount ) is owing to the Commonwealth by a person; and
(b) an amount (the second amount ) is owing by the Commonwealth to the person;
the Finance Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.
Exceptions
(2) Paragraph (1)(b) does not apply in relation to a payment if:
(a) a law of the Commonwealth provides that the payment is absolutely inalienable; or
(b) a law of the Commonwealth provides that the payment is inalienable; or
(c) a law of the Commonwealth provides that the right to the payment cannot be assigned; or
(d) a law of the Commonwealth provides that the payment cannot be assigned.
Definitions
(3) In this section:
amount owing by the Commonwealth includes an amount that is owing but not yet due for payment.
amount owing to the Commonwealth includes an amount that is owing but not yet due for payment.
Note: See also subparagraph 65(2)(a)(iaa) (which allows regulations to be made about the Finance Minister considering a report from specified persons before setting off under this section, in a case where the amount of the set-off is more than a specified amount).
11 Section 44 (heading)
Repeal the heading, substitute:
44 Promoting proper use of Commonwealth resources
12 Subsection 62(1)
Repeal the subsection, substitute:
(1) The Finance Minister may, by written instrument, delegate to an official any of the Finance Minister’s powers or functions under this Act, except:
(a) the power to issue Special Instructions under section 16; or
(b) the power to make a determination under section 20; or
(c) a function under subsection 39A(1); or
(d) the power to make Orders under section 63.
13 After subparagraph 65(2)(a)(ia)
Insert:
(iaa) the Finance Minister considering a report from specified persons before setting off under section 35, in a case where the amount of the set-off is more than a specified amount;
14 Application—item 3
The amendment made by item 3 of this Schedule applies to determinations made on or after the commencement of that item.
15 Transitional—delegations under section 62
(1) This item applies to a delegation if:
(a) the delegation was made under subsection 62(1) of the Financial Management and Accountability Act 1997 ; and
(b) the delegation was in force immediately before the commencement of item 12 of this Schedule.
(2) The delegation has effect, after the commencement of this item, as if it had been made under subsection 62(1) of the Financial Management and Accountability Act 1997 as amended by item 12 of this Schedule.