Document ID: chunk:federal_register_of_legislation:F2015L01311:reg:8:p1
Version: federal_register_of_legislation:F2015L01311
Segment Type: reg
Provision Reference: reg 8 (pt 1/2)
Character Range: 3986–6761

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)      payment of compensation made under the SRC Act or the MRC Act in relation to the death of a member of the Defence Force;
       (b)      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 when an amount is debited against the appropriation, the amount is taken to be also debited from the special account.

         Note 2 In addition to the purposes specified in this determination, other legislation provides authority for amounts to be debited from this special account. Subsection 58(1) of the PGPA Act provides the Finance Minister with the power to invest in any authorised investment. Not all chief executives have been delegated powers to invest under section 58 of the PGPA Act. Where such an investment is made of an amount standing to the credit of a special account, section 58 of the PGPA Act has the effect that the special account must be debited. Subsection 58(4) of the PGPA Act provides that if an amount has been invested by debiting a special account, then the expenses of the investment may be debited from the special account. Subsection 58(7) of the PGPA Act appropriates the CRF for this investment activity.
         Note 3 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 4  Section 76 of the PGPA Act applies to a notional payment by an Agency (or part of an Agency) as if it were a real payment by the Commonwealth. Notional receipts and notional payments are transactions between different parts of the Commonwealth.  Real receipts and real payments are transactions between the Commonwealth and other entities.

Part 2 – Transitional Variation
    Subsection 5 (1) of the Financial Management and Accountability Determination 2005/07 — Military Death Claim Compensation Special Account Establishment is varied by adding at the end:
          ; and (c) to credit amounts to the Military Death Claim Compensation Special Account 2015

         Note: That