Defence Special Account Amendment Act

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Jurisdiction: South Africa
Instrument: Act or statute
Citation: Act 71 of 1995
Version: Undated source snapshot
Language: en
Updated: 6 Oct 1995
Official source: View official record ↗

budget commitments fund administration government expenditure payment authorization public expenditure control

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This amendment lets the Department of Defence use certain appropriated moneys and lets its accounting officer enter expenditure commitments only with prior approval from the Minister of Finance and within the stated cap. This section amends section 2 so the account money is treated as State moneys and used only for approved defence-related spending, with specific approval and payment-authorisation roles. This provision states the short title of the Act.

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Provisions of Defence Special Account Amendment Act

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1
Section 1 of the Defence Special Account Act, 1974 (hereinafter referred to 5
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AI-assisted research summary: This amendment lets the Department of Defence use certain appropriated moneys and lets its accounting officer enter expenditure commitments only with prior approval from the Minister of Finance and within the stated cap.

1. Section 1 of the Defence Special Account Act, 1974 (hereinafter referred to 5 as the principal Act), is hereby amended by the substitution for paragraph (b) of the following paragraph: "(b) moneys appropriated by Parliament by an Appropriation or other Act for the requirements of the [South African] Department of Defence [Force] if the Minister of Defence in consultation with the 10 Minister of [State Expenditure] Finance deems it necessary in the public interest, and thereupon such moneys shall be deemed to have been appropriated by law for the account;". Amendment of section lA of Act 6 of1974, as inserted by section 4 of Act 96 of1982 . 2. Section 1A of the principal Act is hereby amended by the substitution for -15 subsection (1) of the following subsection: · "(1) The [Chief of the South African] accounting officer of the Department of Defence [Force] may, with the prior approval of the Minister of [State Expenditure] Finance in respect of any fmancial year enter into commitments for expenditure from the account for which 20 moneys in the account may be utilized in terms of section 2(2) but for which no money has been provided in the account, and which in the aggregate does not exceed the amount shown in the estimates of expenditure, as defined in the Exchequer Act, 1975 (Act No. 66 of 1975), for the financial · year concerned, under the vote of the [South African] Department of 25 · Defence [Force], as estimated under-expenditure.". -• 4 No: 16738 GOVERNMENT GAZETIE, 6 OCfOBER 1995 Act No. 71, 1995 · , DEFENCE SPECIAL ACCOUNT AMENDMENT ACf, 1995 .. Amendment of section 2 of Act 6 of 1974; as substituted by section 2 of Act 17 ofl981 and amended by section 5 of Act 96 of 1982 and section 7 of Act 142 of 1992 ' ' - " _/ ,.._ ' . . . ; .
3
Section 2 of the prin'dpal Act is hereby am~nded- .
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AI-assisted research summary: This section amends section 2 so the account money is treated as State moneys and used only for approved defence-related spending, with specific approval and payment-authorisation roles.

3. Section 2 of the prin'dpal Act is hereby am~nded- . (a) by the substitution in subsection (1) for paragraph (a). of the following paragraph: '. · ·' 5 "(a) Subject to the provisions of this Act, the moneys in the account shall be State moneys for the purposes of the Exchequer Act, 1975 (Act No. 66 of 1975), and the [Chief of the South African Defence Force, · as] accounting officer of the [South African] Department of Defence [Force in terms of that Act] shall be charged 10 with the responsibility of administering and accounting for the moneys in the account received by him and moneys paid from the account by him in connection with the special defence activities and purchases of the [South Mrican] Department of Defence [Force] referred to in paragraph (a) of subsection (2) and the expenditure 15 referred to in paragraph' (b) of that subsection."; (b) by the substitution for subsections (2) and (3) of the following . ,subsections: .' :•:'. .. '; . '. . • .. • . "(2);The moneys m the account shall:-:-: . (a) . with the approval of the Minister of [State Expenditure] 20 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), and purchases of the [South Mrican] Department of Defence [Force] and the Corporation as the Minister of 25 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 [South Mrican] Department of Defence [Force] out of moneys appropriated by 30 the Appropriation or other Act in question. . , . . .· (3) Payments for the said special defence activities !md purchases of the [South African] Department of Defence [Force] shall be made by the [South African] Department of Defence [Force], and . ·payments for the said special defence activities.arid purchasesofthe 35 · Corporation shall be made by the Corporation."; and · (c) by the substitution for the proviso to subsection (4) of the following :, , proviso: . ":Provided that the Director-General: State Expenditure or any person , .. in the. Department of State Expenditure designated by him, may 40 authorize·. a person or persons employed by the [South African] Department of Defence [Force] in the Defence Secretariat or the Corporation to sign warrant vouchers necessary for the said payments.". ... · . , , . ·. . · . . . .· . · , Short title
4
This Act shall be called the Defence Special Account Amendment Act,1995. 45
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AI-assisted research summary: This provision states the short title of the Act.

4. This Act shall be called the Defence Special Account Amendment Act,1995. 45 ' ' . -. -. . ' .. . . . . . . . .

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Defence Special Account Amendment Act

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