Document ID: chunk:federal_register_of_legislation:F2020C00927:body:0:p2
Version: federal_register_of_legislation:F2020C00927
Segment Type: other
Provision Reference: 
Character Range: 2798–5675

repealed on the earlier of 1 April or 1 October falling on or after the tenth anniversary of registration.

2 Commencement and effect
    This determination takes effect on the day specified in paragraph 79(5)(a) of the PGPA Act.

3 Legislative authority
    This determination is made under subsection 78(1) of the PGPA Act.

4 Definitions
    In this determination:
    accountable authority has the meaning given by the PGPA Act.
    Chief Executive Medicare has the meaning given by the HOSC Act.
    claimant has the meaning given by the HOSC Act.
    Commonwealth entity has the meaning given by the PGPA Act.
    compensable person has the meaning given by the HOSC Act.
    HOSC Act means the Health and Other Services (Compensation) Act 1995.
    person has the meaning given by the Acts Interpretation Act 1901 and also includes a compensable person.
    PGPA Act means the Public Governance, Performance and Accountability Act 2013.

5 Establishment
    For paragraph 78(1)(a) of the PGPA Act, a special account is established with the name Recovery of Compensation for Health Care and Other Services Special Account 2015 (the special account).

6 Accountable authority
    For paragraph 78(1)(d) of the PGPA Act, the accountable authority responsible for the special account is the Chief Executive Officer of Services Australia.

7 Amounts that are allowed to be credited
    For paragraph 78(1)(b) of the PGPA Act, amounts equal to the following are allowed to be credited to the special account:
       (a) amounts received  by the Commonwealth following a judgement or settlement made in relation to a claimant under the HOSC Act;
       (b) amounts received by the Commonwealth from any person for the purposes of the special account;
       (c) amounts debited from the Financial Management and Accountability Determination 2005/24 — Recovery of Compensation for Health Care and Other Services Special Account Establishment 2005.

         Note 1 The Appropriation Acts may provide that if any of the purposes of a special account are covered by an item in those Acts (whether or not the item expressly refers to the special account), then amounts may be debited against that item and credited to that special account.

         Note 2 Where an amount equal to an amount debited from the special account is repaid to the Commonwealth, the amount may be credited to the special account under paragraph 74(1)(b) of the PGPA Act and subsection 27(5) of the Public Governance, Performance and Accountability Rule 2014.

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) to pay a person an amount consistent with the HOSC Act;
       (b) to pay an amount to a Commonwealth entity that manages a benefit, subsidy