Document ID: chunk:federal_register_of_legislation:F2015L01474:reg:8
Version: federal_register_of_legislation:F2015L01474
Segment Type: reg
Provision Reference: reg 8
Character Range: 3064–5230

8                    Purposes for which amounts are allowed to be debited
    For paragraph 78(1)(c) of the PGPA Act, the purposes for which amounts are allowed to be debited from the special account are:

       (a)      payments associated with the acquisition of land in connection with the Melbourne (Tullamarine) Airport, including:
        (i)     acquisition of land parcels;
        (ii)   the cost of land;
        (iii) stamp duty;
        (iv) compensation to be paid to landowners;
        (v)   other costs associated with the acquisition;
       (b)      payments for activities that are incidental to a purpose mentioned in paragraph (a);
       (c)      to reduce the balance of the special account (and, therefore, the available appropriation) without making a real or notional payment;
       (d)      to repay amounts where an Act or other law requires or permits the repayment of an amount received.

         Note 1 Subsection 78(4) of the PGPA Act appropriates the Consolidated Revenue Fund (CRF) for expenditure for the purposes of the special account up to the balance for the time being of the special account. Subsection 78(6) of the PGPA Act provides that whenever an amount is debited against the appropriation, the amount is taken to be also debited from the special account.

         Note 2 An amount may be debited from the special account where:
            (a) it has been incorrectly credited by virtue of a clerical mistake; or
            (b) it has been credited through the exercise of a discretion by an official and the exercise of that discretion was actuated by a fundamental mistake of fact or law. Legal advice should be obtained before an amount is debited on this basis.

         Note 3 The purpose of paragraph 8(b) above is to allow for the special account to be debited for the administration of the special account and for dealing with direct and indirect costs.

         Note 4 The purpose of paragraph 8(c) is to allow for the balance of the special account to be reduced. When the special account is debited for this purpose, there is no payment or credit available to another party, account or appropriation.