PGPA Act (Melbourne Airport New Runway Land Acquisition Special Account — Establishment) Determination 2015/10 Public Governance, Performance and Accountability Act 2013 I, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make this determination. _______________________________________ MATHIAS HUBERT PAUL CORMANN Minister for Finance Dated: 08 / 09 / 2015 Part 1 - Establishment 1 Name of determination This determination is the PGPA Act (Melbourne Airport New Runway Land Acquisition Special Account — Establishment) Determination 2015/10. Note 1 All special account determinations and compilations are registered on the Federal Register of Legislative Instruments (FRLI) kept under the Legislative Instruments Act 2003. See http://www.comlaw.gov.au Note 2 The Determination is subject to Part 6 (sunsetting) of the Legislative Instruments Act 2003. The sunsetting provisions mean that this special account will be repealed on the earlier of 1 April or 1 October falling on or after the tenth anniversary of registration. 2 Commencement and effect This determination takes effect on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: 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 Melbourne Airport New Runway Land Acquisition Special Account (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 Secretary of the Department of Infrastructure and Regional Development. 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 in relation to the acquisition of land in connection with the Melbourne (Tullamarine) Airport; (b) amounts received in the course of the performance of functions that relate to the purposes of the special account; (c) amounts received from any person for the purposes of the special account. Note 1 The Appropriation Acts may provide that if any of the purposes of a special account are covered by an item in those Act (whether or not the item refers to the special account), then amounts may be debited against the appropriation for that item and credited to the 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) 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.