Defence Special Account Amendment Act 18 of 2005

Defence Special Account Amendment Act, 2005 (No. 18 of 2005)

GENERAL EXPLANATORY NOTE:
[ ]  Words in bold type in square brackets indicate omissions from existing enactments.
__ Words underlined with a solid line indicate insertions in existing enactments.

(English text signed by the President.)
(Assented to 3 October 2005.)

Act

• to amend the Defence Special Account Act, 1974, so as to bring it in line with certain Acts of Parliament; and
• to provide for matters connected therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-

Amendment of section 1 of Act 6 of 1974, as substituted by section 21 of Act 102 of
1976 and amended by section 1 of Act 17 of 1981, section 10 of Act 113 of 1984 and section 1 of Act 71 of 1995

1. Section 1 of the Defence Special Account Act, 1974 (hereinafter referred to as the
principal Act), is hereby amended-

(a) by the deletion of paragraph (b); and

(b) by the substitution for paragraph (cA) of the following paragraph:

“(cA) the proceeds derived from the sale, in accordance with the provisions of any law, of [armaments] defence materiel, as defined in section 1 of the [Armaments Development and Production Act, 1968 (Act No. 57 of 1968)] Armaments Corporation of South Africa, Limited Act, 2003 (Act No. 51 of 2003), which have been purchased in accordance with the provisions of section 2(2)(a) of this Act;”.

Repeal of section 1A of Act 6 of 1974

2. Section 1A of the principal Act is hereby repealed.

Amendment of section 2 of Act 6 of 1974, as substituted by section 2 of Act 17 of 1981 and amended by section 5 of Act 96 of 1982, section 7 of Act 142 of 1992 and section 3 of Act 71 of 1995

3. Section 2 of the principal Act is hereby amended-

(q) by the substitution in subsection (1) for paragraph (a) of the following paragraph:

“(a) Subject to the provisions of this Act. the moneys in the account shall he State moneys for the purposes of the [Exchequer Act, 1975 (Act No. 66 of 1975)] Public Finance Management Act, 1999 (Act No. 1 of 1999) and the accounting officer of the Department of Defence shall be charged with the responsibility of administering and accounting for the moneys in the account received by him or her and moneys paid from the account by him or her in connection with the special defence activities and purchases of the Department of Defence referred to in paragraph (a) of subsection (2) and the expenditure referred to in paragraph (b) of that subsection.”;

(b) by the substitution in subsection (1) for paragraph (c) of the following paragraph:

“(c) The provisions of the [Armaments Development and Production Act, 1968] Armaments Corporation of South Africa, Limited Act, 2003 (Act No. 51 of 2003), shall, subject to the provisions of section 5 of this Act. apply in respect of the expenditure incurred by the Corporation from the account and the administration of and accounting for the moneys paid therefrom by it, to the exclusion of the provisions of the [Exchequer Act, 1975] Public Finance Management Act, 1999, but, in so far as the auditing by the Auditor-General in terms of the said section 5 is concerned, the provisions of [sections 5(9) and 6(1), (2) and (3)(a) of the Auditor-General Act, 1989 (Act No. 52 of 1989)] the Public Audit Act, 2004 (Act No. 25 of 2004), shall apply.”;

(c) by the substitution for subsection (2) of the following subsection:

“(2) The moneys in the account shall-

(a) [with the approval of the Minister of Finance] be utilized to defray the expenditure incurred in connection with such special defence activities in connection with the functions contained in the Defence Act, [1957 (Act No. 44 of 1957)] 2002 (Act No. 42 of 2002), and purchases of the Department of Defence and the Corporation as the Minister of Defence may from time to time approve;

(b) if the account has been credited with moneys referred to in section 1(b), also be utilized to defray any expenditure which would normally have been defrayed by the Department of Defence out of moneys appropriated by [the Appropriation or other Act in question] Parliament.”; and

(d) by the substitution for subsection (4) of the following subsection:

“(4) Notwithstanding anything to the contrary in any law contained, the banking account for moneys in the account shall be kept in the Paymaster-General’s Account of the National Treasury, and the payments referred to in subsection (3) [, as well as payments resulting from commitments entered into under section 1A,] shall be made from the latter account: Provided that the Director-General: [State Expenditure] National Treasury or any person in the [Department of State Expenditure] National Treasury designated by him or her, may authoirize a person or persons employed by the Department of Defence in the Defence Secretariat or the Corporation to sign warrant vouchers necessary for the said payments.”.

Substitution of section 3 ofAct 6 of 1974, as amended by section 7 ofAct 142 of 1992

4. The following section is hereby substituted for section 3 of the principal Act:

“Investment of balances

3. Any moneys standing to the credit of the account which are not required for immediate use or as a reasonable working balance. shall be in4ested with the [Public Investment Commissioners] corporation established by section 2 of the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984), and may be withdrawn when required for use.”.

Short title and commencement

5. This Act is called the Defence Special Account Amendment Act, 2005, and comes into operation on a date determined by the President by proclamation in the Gazette.

Commencement

1 April 2014 (Gazette 37443 of 20 March 2014)