Other CRF money is defined in section 105(2) of the Public Governance, Performance and Accountability Act 2013 (PGPA Act). It is money that forms part of the CRF, other than relevant money or any other money prescribed by the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule).
An amount of money that is in the physical possession of, or in the bank account of, a person other than the Commonwealth, who is acting on behalf of the Commonwealth in relation to that money, will be classified as other CRF money. It is not uncommon for people outside the Commonwealth to handle other CRF money.
For example, any person authorised through an arrangement to act for and on behalf of the Commonwealth to collect fees or levies and make payments of the amounts collected will handle other CRF money.
Other CRF money is not relevant money
Money held for and on behalf of the Commonwealth by a person who is not an official forms part of the CRF for the purposes of section 81 of the Constitution and is referred to as ‘other CRF money’ in the PGPA Act (subsection 105(2)).
Other CRF money is money that forms part of the CRF other than:
- relevant money or
- any other money prescribed by section 29A of the PGPA Rule.
The requirements in the PGPA Act and PGPA Rule that apply to relevant money do not apply to other CRF money.
Other CRF money arises where a person who is not an official of a NCE or a minister, uses or manages money, by receiving, having custody of or spending money for and on behalf of the Commonwealth—that is, as the legal agent of the Commonwealth. The relationship between the Commonwealth and the person is contractual.
Money standing to the credit of a bank account of, or held by, a corporate Commonwealth entity is relevant money, not other CRF money, for the purposes of the PGPA Act.
Money that has been paid to another person so that it ‘belongs to’ that person, such as wages, salaries, superannuation contributions or payments to suppliers in consideration for goods and/or services, is not other CRF money – that is, the person will not be acting as the Commonwealth’s agent with respect to the money.
