APPENDIX 2

APPENDIX 2

AUSTRALIAN GOVERNMENT COST RECOVERY GUIDELINES - 14 KEY PRINCIPLES

In December 2002 the Australian Government adopted a formal cost recovery policy to improve the consistency, transparency and accountability of Commonwealth cost recovery arrangements and promote the efficient allocation of resources.

The policy applies to all Financial Management and Accountability Act 1997 (FMA Act) agencies and to relevant Commonwealth Authorities and Companies Act 1997 (CAC Act) bodies that have been notified, under sections 28 or 43 of the CAC Act, to apply the cost recovery policy. These entities are collectively referred to as ‘agencies’ for the purposes of these guidelines. The policy applied immediately in respect of new or significantly amended cost recovery arrangements and will be phased in for all existing arrangements over a period not exceeding five years (to 2007-08).

For the purposes of this policy, ‘cost recovery’ broadly encompasses fees and charges related to the provision of government goods and services (including regulation) to the private and other non-government sectors of the economy.

The Australian Government’s policy adopts the following key principles:

1.   Agencies should set charges to recover all the costs of products or services where it is efficient to do so, with partial cost recovery to apply only where new arrangements are phased in, where there are government endorsed community service obligations, or for explicit government policy purposes.

2.   Cost recovery should not be applied where it is not cost effective, where it is inconsistent with government policy objectives or where it would unduly stifle competition or industry innovation.

3.   Any charges should reflect the costs of providing the product or service and should generally be imposed on a fee-for-service basis or, where efficient, as a levy.

4.   Agencies should ensure that all cost recovery arrangements have clear legal authority for the imposition of charges.

5.   Costs that are not directly related or integral to the provision of products or services (e.g. some policy and parliamentary servicing functions) should not be recovered. Agencies that undertake regulatory activities should generally include administration costs when determining appropriate charges.

6.   Where possible, cost recovery should be undertaken on an activity (or activity group) basis rather than across the agency as a whole. Cost recovery targets on an agency-wide basis are to be discontinued.

7.   Products and services funded through the budget process form an agency’s ‘basic information product set’ and should not be cost recovered. Commercial, additional and incremental products and services that are not funded through the budget process fall outside of an agency’s ‘basic product set’ and may be appropriate to cost recover.

8.   Portfolio Ministers should determine the most appropriate consultative mechanisms for their agencies’ cost recovery arrangements, where relevant.

9.   Cost recovery arrangements will be considered significant (‘significant cost recovery arrangements’) depending on both the amount of revenue and the impact on stakeholders. A ‘significant cost recovery arrangement’ is one where:

a.   an agency’s total cost recovery receipts equal $5 million or more per annum - in this case every cost recovery arrangement within the agency is considered, prima facie, to be significant, regardless of individual activity totals; or

b.   an agency’s cost recovery receipts are below $5 million per annum, but stakeholders are likely to be materially affected by the cost recovery initiative; or

c.   Ministers have determined the activity to be significant on a case-by-case basis.

10.  Agencies with significant cost recovery arrangements should ensure that they undertake appropriate stakeholder consultation, including with relevant departments.

11.  All agencies with significant cost recovery arrangements will need to prepare Cost Recovery Impact Statements (CRIS). A CRIS will not be required where a Regulation Impact Statement (RIS) that also addresses cost recovery arrangements against these guidelines has been prepared.

a.   The chief executive, secretary or board must certify that the CRIS complies with the policy and provide a copy to the Department of Finance and Administration.

b.   Agencies must include a summary of the CRIS in their portfolio budget submissions and statements.

12.   Agencies are to review all significant cost recovery arrangements periodically, but no less frequently than every five years.

13.   Agencies will need to separately identify all cost recovery revenues in notes to financial statements – to be published in portfolio budget statements and annual reports consistent with the Finance Minister’s Orders.

14.   Portfolio Ministers are responsible for ensuring that the cost recovery arrangements of agencies within their portfolios comply with the policy and will report on implementation and compliance in portfolio budget submissions.

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