Document ID: chunk:federal_register_of_legislation:F2025C00077:reg:9:p1
Version: federal_register_of_legislation:F2025C00077
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 149058–151615

9                 An amount that is the balance standing to the credit of a special account, immediately before the instrument creating the special account sunsets, and agreed to by the Finance Minister.

 (2A) The received amount is an amount of a kind for subsection 74(1) of the Act if it relates to GST. In this case, the received amount may be credited to:
 (a) if the received amount relates to an activity of the entity, the funding for which a departmental item for the entity in an Appropriation Act is debited—that departmental item; or
 (b) if the received amount relates to an activity of the entity, the funding for which another item in an Appropriation Act, another appropriation or a special account is debited—that item, appropriation or special account.
 (3) The received amount is an amount of a kind for subsection 74(1) of the Act if it relates to a trust or similar arrangement.
 (4) The received amount is an amount of a kind for subsection 74(1) of the Act if:
 (a) it is a repayment of the whole or part of an amount paid by the entity; and
 (b) any of the following was debited in relation to the amount paid by the entity:
 (i) the most recent departmental item for the entity in an Appropriation Act;
 (ii) another item in an Appropriation Act, another appropriation or a special account.
 (5) If, as referred to in subsection (4), another item in an Appropriation Act, another appropriation or a special account was debited in relation to the amount paid, then that item, appropriation or special account is prescribed for paragraph 74(1)(b) of the Act.

When received amount may not be credited
 (6) Despite subsections (2) and (3), the received amount is not an amount of a kind for subsection 74(1) of the Act if:
 (a) a departmental item or an administered item for the entity in an Appropriation Act has been appropriated in relation to the amount; or
 (b) it is a tax, levy, fine, or penalty.
 (7) Despite subsection (2), if:
 (a) the total of the amounts received by the entity in a financial year in relation to a sale of departmental assets (as referred to in item 7 of the table in subsection (2)); less
 (b) the costs incurred by the entity in relation to the sale;
reaches 5% of the total departmental items for the entity in an Appropriation Act for the financial year, then any further amount of that kind received by the entity in that financial year is not an amount of a kind for subsection 74(1) of the Act.
 (8) Despite subsection (2A), if the received amount was transferred to the entity by the Commissioner