Document ID: chunk:federal_register_of_legislation:F2015L01171:reg:8:p1
Version: federal_register_of_legislation:F2015L01171
Segment Type: reg
Provision Reference: reg 8 (pt 1/2)
Character Range: 3583–6495

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)      providing assistance to Australian citizens and permanent residents overseas:
           (i)            in circumstances of urgency; or
           (ii)          when commercial money transfer services are unavailable or inappropriate; and
       (b)      to repay residual amounts that remain after related payments have been made under paragraph (a);
       (c)      activities that are incidental to a purpose mentioned in paragraphs (a) or (b);
       (d)      to reduce the balance of the special account (and, therefore, the available appropriation) without making a real or notional payment;
       (e)      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 for payments made with amounts debited from 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 An example of when paragraph 8(b) allows payments to be made is where: family of an Australian citizen or permanent resident who is overseas pays to the Commonwealth an amount to be paid to assist the overseas person in the circumstances covered by paragraph 8(a); the Commonwealth credits that amount to the special account; and it transpires that less than the full amount paid by the family is required to assist the overseas person. In such a case, the residual amount which remains credited to the special account from the original payment by the family to the Commonwealth may be repaid to the family.

         Note 4 The purpose of paragraph 8(c) 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 5 The purpose of paragraph 8(d) 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.

Part 2 – Transitional variation
    Subsection 6 (1) of the Financial Management and Accountability Determination 2005/38 — Consular Services Special Account