Financial Framework Legislation Amendment Act (No. 2) 2013 (53 of 2013)
Schedule 1 Amendments of Acts
Part 4 Remuneration Tribunal
Remuneration Tribunal Act 1973
7 Before section 17
Insert:
16A Recoverable payments
(1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount ) to a person (the recipient ) purportedly as a benefit, then the Commonwealth may pay the relevant amount to the recipient.
Recovery
(2) If a payment is made under subsection (1) to the recipient, the relevant amount:
(a) is a debt due to the Commonwealth by the recipient; and
(b) may be recovered by the Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency, on behalf of the Commonwealth, in a court of competent jurisdiction.
Note: See also section 47 of the Financial Management and Accountability Act 1997 (duty to pursue recovery of a debt).
(3) If:
(a) a payment is made under subsection (1) to the recipient; and
(b) the recipient is receiving, or is entitled to receive, a benefit;
then:
(c) the relevant amount; or
(d) such part of the relevant amount as the Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency determines;
may, if the Chief Executive so directs, be recovered by deduction from that benefit, unless the recipient is a Justice or Judge of a federal court.
Note: See also section 47 of the Financial Management and Accountability Act 1997 (duty to pursue recovery of a debt).
Appropriation
(4) For the purposes of subsection 7(13), if a payment under subsection (1) of this section relates to remuneration (including salary) or an allowance under subsection 7(9), the payment is taken to be remuneration or an allowance under subsection 7(9).
(5) For the purposes of subsection 7(13), if a payment under subsection (1) of this section relates to reimbursement under subsection 7(10), the payment is taken to be reimbursement under subsection 7(10).
Benefit
(6) For the purposes of this section, benefit means:
(a) remuneration (including salary) or an allowance under subsection 7(9); or
(b) a reimbursement under subsection 7(10).
Relevant agency
(7) For the purposes of this section, the relevant agency , in relation to a recovery under this section of the whole or part of a relevant amount, means:
(a) the Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) that paid the relevant amount under subsection (1) on behalf of the Commonwealth; or
(b) if a different Agency is prescribed in an instrument under subsection (8) - the Agency.
(8) The Minister may, by legislative instrument, prescribe an Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) for the purposes of paragraph (7)(b).
16B Recoverable death payments
(1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount ) in any of the following circumstances:
(a) the relevant amount is deposited to an account kept in the name of a deceased person;
(b) the relevant amount is deposited to an account kept in the names of a deceased person and another person;
(c) the relevant amount is paid by way of a cheque made out to a deceased person;
the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as:
(d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency did not know that the deceased person had died; and
(e) apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.
(2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person's estate.
Recovery
(3) If a payment is made under subsection (1), the relevant amount:
(a) is a debt due to the Commonwealth by the legal personal representative of the deceased person; and
(b) may be recovered by the Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency, on behalf of the Commonwealth, in a court of competent jurisdiction.
Note: See also section 47 of the Financial Management and Accountability Act 1997 (duty to pursue recovery of a debt).
Appropriation
(4) For the purposes of subsection 7(13), if a payment under subsection (1) of this section relates to remuneration (including salary) or an allowance under subsection 7(9), the payment is taken to be remuneration or an allowance under subsection 7(9).
(5) For the purposes of subsection 7(13), if a payment under subsection (1) of this section relates to reimbursement under subsection 7(10), the payment is taken to be reimbursement under subsection 7(10).
Benefit
(6) For the purposes of this section, benefit means:
(a) remuneration (including salary) or an allowance under subsection 7(9); or
(b) a reimbursement under subsection 7(10).
Relevant agency
(7) For the purposes of this section, the relevant agency , in relation to a payment or recovery under this section of the whole or part of a relevant amount, means:
(a) the Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) that paid the relevant amount under subsection (1) on behalf of the Commonwealth; or
(b) if a different Agency is prescribed in an instrument under subsection (8) - the Agency.
(8) The Minister may, by legislative instrument, prescribe an Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) for the purposes of paragraph (7)(b).
16C Reports about recoverable payments and recoverable death payments
(1) During the applicable publication period for a reporting period, the Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency must cause to be published, in such manner as the Chief Executive thinks fit, a report that sets out:
(a) both:
(i) the number of payments made under subsection 16A(1) during the reporting period; and
(ii) the total amount of those payments; and
(b) both:
(i) the number of payments made under subsection 16B(1) during the reporting period; and
(ii) the total amount of those payments.
(2) However, a report is not required if:
(a) the number mentioned in subparagraph (1)(a)(i) is zero; and
(b) the number mentioned in subparagraph (1)(b)(i) is zero.
Deferred reporting
(3) Paragraph (1)(a) of this section does not require a report to deal with a payment unless before the preparation of the report, an official (as determined under the Financial Management and Accountability Act 1997) of the relevant agency was aware the payment was made under subsection 16A(1).
(4) Paragraph (1)(b) of this section does not require a report to deal with a payment unless before the preparation of the report, an official (as determined under the Financial Management and Accountability Act 1997) of the relevant agency was aware the payment was made under subsection 16B(1).
(5) For the purposes of this section, if:
(a) a payment was made under subsection 16A(1) or 16B(1) in a reporting period; and
(b) either:
(i) because of subsection (3) of this section, paragraph (1)(a) of this section did not require a report to deal with the payment; or
(ii) because of subsection (4) of this section, paragraph (1)(b) of this section did not require a report to deal with the payment; and
(c) during a later reporting period, an official (as determined under the Financial Management and Accountability Act 1997) of the relevant agency becomes aware that the payment was made under subsection 16A(1) or 16B(1), as the case may be;
the payment is subject to a deferred reporting obligation in relation to the later reporting period.
(6) If one or more payments made under subsection 16A(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Chief Executive of the relevant agency must, during the applicable publication period for the later reporting period:
(a) prepare a report that sets out:
(i) the number of those payments; and
(ii) the total amount of those payments; and
(iii) the reporting period during which the payments were made; and
(b) if a report is required under subsection (1) in relation to the later reporting period - include the paragraph (a) report in the subsection (1) report; and
(c) if paragraph (b) does not apply - publish, in such manner as the Chief Executive thinks fit, the paragraph (a) report.
(7) If one or more payments made under subsection 16B(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Chief Executive of the relevant agency must, during the applicable publication period for the later reporting period:
(a) prepare a report that sets out:
(i) the number of those payments; and
(ii) the total amount of those payments; and
(iii) the reporting period during which the payments were made; and
(b) if a report is required under subsection (1) in relation to the later reporting period - include the paragraph (a) report in the subsection (1) report; and
(c) if paragraph (b) does not apply - publish, in such manner as the Chief Executive thinks fit, the paragraph (a) report.
Reporting period
(8) For the purposes of this section, a reporting period is:
(a) a financial year; or
(b) if a shorter recurring period is prescribed in an instrument under subsection (9) - that period.
(9) The Minister may, by legislative instrument, prescribe a recurring period for the purposes of paragraph (8)(b).
Applicable publication period
(10) For the purposes of this section, the applicable publication period for a reporting period is the period of:
(a) 4 months; or
(b) if a lesser number of months is prescribed, in relation to the reporting period, in an instrument under subsection (11) - that number of months;
beginning immediately after the end of the reporting period.
(11) The Minister may, by legislative instrument, prescribe a number of months, in relation to a reporting period, for the purposes of paragraph (10)(b).
Relevant agency
(12) For the purposes of this section, the relevant agency means:
(a) the Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) that is responsible for making payments under subsection 16A(1) or 16B(1) on behalf of the Commonwealth; or
(b) if a different Agency is prescribed in an instrument under subsection (13) - the Agency.
(13) The Minister may, by legislative instrument, prescribe an Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) for the purposes of paragraph (12)(b).