Contents

Part 1—Establishment

1 Name......................................................................

2 Commencement

3 Authority

4 Definitions

5 Establishment of the special account

6 Accountable authority responsible for the special account

Part 2—Special account credits and debits

7 Amounts that may be credited to the special account

8 Purposes of the special account

Part 3—Transitional, revocation and repeal provisions 3

9 Opening balance of the special account...............................3

10 Revocation of ESA instrument...................................3

11 Additional repeal provisions....................................3

Part 1—Establishment

1 Name

This instrument is the PGPA Act Determination (Energy and Climate Change Special Account 2023).

2 Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
The whole of this instrument	The later of the day mentioned in paragraph 79(5)(a) of the Act and 1 July 2023.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any version of this instrument published on the Federal Register of Legislation.

3 Authority

This instrument is made under subsections 78(1) and 78(3) of the Act.

4 Definitions

In this instrument:

Act means the Public Governance, Performance and Accountability Act 2013.

ESA instrument means the PGPA Act (Energy Special Account 2015—Establishment) Determination 2015/07.

Energy Special Account 2015 means the Energy Special Account 2015 established by the ESA instrument.

the special account means the Energy and Climate Change Special Account 2023 established by this instrument.

5 Establishment of the special account

For paragraph 78(1)(a) of the Act, the Energy and Climate Change Special Account 2023 is established as a special account.

6 Accountable authority responsible for the special account

For paragraph 78(1)(d) of the Act, the accountable authority responsible for the special account is the Secretary of the Department of Climate Change, Energy, the Environment and Water.

Part 2—Special account credits and debits

7 Amounts that may be credited to the special account

For paragraph 78(1)(b) of the Act, the following amounts may be credited to the special account:

(a) an amount appropriated by the Parliament for the purposes of the special account;

(b) an amount received in the course of the performance of functions that relate to one or more purposes of the special account;

8 Purposes of the special account

For paragraph 78(1)(c) of the Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are:

(a) to conduct activities that contribute to policy development in the energy sector and policy development in relation to climate change in respect of matters including, but not limited to:

(i) delivering an affordable, clean, reliable and secure energy supply;

(ii) achieving improvements in energy productivity;

(iii) helping Australia to adapt to climate change; and

(iv) driving the economy to net zero emissions.

(b) to conduct activities that are incidental to the purpose in paragraph (a), including dealing with direct and indirect costs;

(c) to disburse an amount in connection with an agreement between the Commonwealth and another government relating to energy or climate change;

(d) to repay amounts where a court order, Act or other law requires or permits the repayment of an amount received; and

(e) to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment.

Part 3—Transitional, revocation and repeal provisions

9 Opening balance of the special account

(1) For paragraph 78(1)(b) of the Act, the amount in subsection 9(2) (opening balance) is required to be credited to the special account immediately after its establishment.

(2) The opening balance is equal to the amount standing to the credit of the Energy Special Account 2015 immediately prior to the commencement of this instrument.

10 Revocation of ESA instrument

For subsection 78(3) of the Act, the ESA instrument is revoked.

11 Additional repeal provisions

(1) For subsection 78(3) of the Act, Part 3 of this instrument is repealed at the end of the seventh day after the revocation of the ESA instrument under section 10 (date of repeal).

(2) For subsection 78(3) of the Act, the following definitions in section 4 are repealed on the date of repeal:

(a) definition of ESA instrument;

(b) definition of Energy Special Account 2015.

(3) Despite subsection 11(1), the effects of Part 3 of this instrument remain in force after the date of repeal.