Public Governance, Performance and Accountability Act 2013

CHAPTER 2 - COMMONWEALTH ENTITIES AND THE COMMONWEALTH  

PART 2-4 - USE AND MANAGEMENT OF PUBLIC RESOURCES  

Division 7 - Waivers, modifications of payment terms, set offs and act of grace payments  

SECTION 65   ACT OF GRACE PAYMENTS BY THE COMMONWEALTH  

65(1)    
The Finance Minister may, on behalf of the Commonwealth, authorise, in writing, one or more payments to be made to a person if the Finance Minister considers it appropriate to do so because of special circumstances.

Note 1:

A payment may be authorised even though the payment or payments would not otherwise be authorised by law or required to meet a legal liability.

Note 2:

Act of grace payments under this section must be made from money appropriated by the Parliament. Generally, an act of grace payment can be debited against a non-corporate Commonwealth entity ' s annual appropriation, providing that it relates to some matter that has arisen in the course of the administration of the entity.

65(2)    

An authorisation of a payment must be in accordance with any requirements prescribed by the rules.

65(3)    

Conditions may be attached to a payment. If a condition is contravened, the payment is recoverable by the Commonwealth as a debt in a court of competent jurisdiction.

65(4)    

An authorisation of a payment is not a legislative instrument.