1 Name of Special Instructions
These Special Instructions are the Financial Management and Accountability Special Instructions (Federal Court of Australia) 2004
(No. 3).
2 Commencement
These Special Instructions commence on the
commencement of the Financial Management and Accountability (Determination
2004/07 — Federal Court of Australia Litigants’ Fund Special Account)
Establishment 2004.
3 Definitions
In these Special Instructions:
Federal Court:
(a) means the Federal Court of Australia; and
(b) in paragraph 4 (b) and section 5 —
includes an official for that Court.
FMA Act means the Financial Management and
Accountability Act 1997.
4 Application of Special Instructions
These Special Instructions apply if:
(a) the Judges of the Federal Court, or a
majority of them, make a Rule of Court, in accordance with subsection 59 (1)
of the Federal Court of Australia Act 1976, about the investment of
special public money standing to the credit of the Federal Court of Australia
Litigants’ Fund Special Account; and
(b) the Rule of Court directs the Federal Court
to invest the special public money in an investment other than an authorised
investment for subsection 39 (10) of the FMA Act.
5 Special Instructions
(1) The Federal Court, in its capacity as a delegate of
the Finance Minister under section 39 of the FMA Act, is authorised to invest
the special public money in the investment, and must act in accordance with:
(a) any order made under the Rule of Court,
requiring the Federal Court to invest the special public money in an investment
other than an authorised investment; and
(b) section 39 of the FMA Act.
(2) However, the investment must not be inconsistent
with the terms of any trust that applies to the special public money.