Roadmap of FMA Act 1997 to Public Governance, Performance and Accountability Act 2013
Financial Management and Accountability Act 1997
Section
Section heading
Location in PGPA Act
Explanation for omission or change
1
Short title
Section 1
2
Commencement
Section 2
3
This Act binds the Crown
Section 3
4
This Act extends to things outside Australia
Section 4
5
Definitions
Section 8
6
Notional payments and receipts by Agencies
Section 76
8
Agreements with banks about receipt, transmission etc.
of public money
Subsection 53(2)
9
Official bank accounts
Subsection 53(1)
Requires FM to open and maintain bank account with the Reserve
Bank of Australia
10
Public money must be promptly banked etc.
Section 55
Rules 19-21 deal with banking relevant money
11
Public money not to be paid into non-official account
N/A – wrapped into subsection 55
Rules 19-21 deal with banking relevant money
12
Receipt and spending of public money by outsiders
Section 105
Other CRF money, see rule 29
13
Money not to be withdrawn from official account
without authority
N/A
14
Misapplication or improper use of public money
N/A
15
Liability for loss of public money
Section 68 & 69
16
Special Instructions by Finance Minister about handling
etc. of special public money
N/A
19
Accounts and records in relation to public money
N/A
20
Establishment of Special Accounts by Finance Minister
Section 78
21
Special Accounts established by other Acts
Section 80
Crime is covered by the Criminal Code Act 1995
There is no concept of special public money in PGPA Act
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Section
Section heading
Location in PGPA Act
Explanation for omission or change
22
Disallowance of determinations relating to Special
Accounts
Section 79
26
Drawing rights required for payment etc. of public
money
N/A – replaced by section 51
Drawing rights replaced by a system whereby the FM can
determine how much and when appropriation amounts are paid to
entities.
27
Issue of drawing rights
N/A – replaced by section 51
Drawing rights replaced by a system whereby the FM can
determine how much and when appropriation amounts are paid to
entities.
28
Repayments by the Commonwealth
Section 77
30
Repayments to the Commonwealth
N/A
Covered by section 74 (retained prescribed receipts).
30A
Appropriations to take account of recoverable GST
N/A
Amendment proposed to PGPA Act to establish special
appropriation to cover GST related component of a payment.
31
Retaining prescribed receipts
Section 74
Rule 27 prescribes receipts (which do not include GST)
32
Transfer of Agency functions
Section 75
32A
Recording of amounts in accounts and records
N/A – split between sections 74, 78
and 80
Split to ensure a simpler reading of provisions.
32B
Supplementary powers to make commitments to spend
public money etc.
N/A
Authority to be retained in a reduced renamed FMA Act.
32C
Terms and conditions for grants
N/A
Authority to be retained in a reduced renamed FMA Act.
32D
Delegation by a Minister
N/A
Authority to be retained in a reduced renamed FMA Act.
32E
Executive power of the Commonwealth
N/A
Authority to be retained in a reduced renamed FMA Act.
33
Finance Minister may approve act of grace payments
Section 65
34
Finance Minister may waive debts etc.
Section 63
35
Set off
Section 64
36
Presiding Officers may approve expenditure
Section 71
37
Unauthorised borrowing agreements are invalid
Subsection 56(1)
38
Finance Minister may borrow for short periods
Subsection 56(2)
39
Investment of public money
Section 58
39A
Minister must inform Parliament of involvement in a
company by the Commonwealth or a prescribed body
Section 72
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Section
Section heading
Location in PGPA Act
Explanation for omission or change
39B
Supplementary powers to form companies etc.
N/A
Authority to be retained in a reduced renamed FMA Act.
40
Custody etc. of securities
N/A
The rules can provide a provision like this section if desired.
41
Misapplication or improper use of public property
N/A
Crime is covered by the Criminal Code Act 1995.
42
Liability for loss etc. of public property
Section 68
43
Gifts of public property
Section 66
43A
Interjurisdictional agencies
Sections 82 and 83
44
Promoting proper use of Commonwealth resources
Section 15
44A
Keeping responsible Minister and Finance Minister
informed
Section 19
45
Fraud control plan
N/A
46
Audit committee
Section 45
47
Recovery of debts
N/A
48
Accounts and records
Section 41
49
Annual financial statements
Section 42
50
Additional financial statements
Section 19
Enables Ministers to request additional financial statements
51
Reporting requirements if Agency ceases to exist or
Agency functions are transferred
N/A
Rules may be made under clause 103.
52
Chief Executive’s instructions
N/A
Amendment proposed to PGPA Act to clarify power of
accountable authority to issue instructions.
53
Chief Executive may delegate powers
Section 110
54
Finance Minister must publish monthly financial
statements
Section 47
55
Preparation of annual statements by Finance Minister
Section 48
56
Audit of Finance Minister’s annual financial statements
Section 49
57
Audit of annual financial statements of Agency
Section 43
58
Modifications of Act for intelligence or security agency
or prescribed law enforcement agency
Section 104
60
Misuse of Commonwealth credit card
N/A
Rule 10 provides for the prevention, detection and dealing with
fraud.
Rule 11 provides for the recovery of debts.
Crime is covered by the Criminal Code Act 1995.
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Section
Section heading
Location in PGPA Act
Explanation for omission or change
62
Finance Minister may delegate powers
Section 107
62A
Treasurer may delegate powers
Section 108
63
Finance Minister’s Orders
N/A
No power in the PGPA Act to make orders. Additional legal
requirements will be set out in rules - sections 101, 102 and 103.
64
Guidelines by Ministers
N/A
If guidelines cover matters of better practice, they can be issued
without legislative authority. If guidelines involve compulsion,
they can be issued as rules (section 101).
65
Regulations
Sections 101, 102 and 103
Additional legal requirements will be set out in rules.
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