{"id":"F2019L01532","name":"PGPA Act Determination (ABCB Special Account 2019)","slug":"pgpa-act-determination-abcb-special-account-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100372,"registerId":"commonwealth-F2019L01532-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Establishment","content":"## Part 1—Establishment","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the PGPA Act Determination (ABCB Special Account 2019).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsections 78(1) and 78(3) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of the special account","content":"#### 4 Establishment of the special account\n\n  For subsection 78(1)(a) of the Act, the ABCB Special Account 2019 is established as a special account (the special account).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Accountable authority responsible for the special account","content":"#### 5 Accountable authority responsible for the special account\n\n  For subsection 78(1)(d) of the Act, the accountable authority responsible for the special account is the Secretary of the Department of the Treasury.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Definitions","content":"## Part 2—Definitions","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"#### 6 Definitions\n\n  In this instrument:\n\n> ABCB means the Australian Building Codes Board, which is continued in existence under the IGA.\n\n> accountable authority has the meaning provided in the Act.\n\n> Act means the Public Governance, Performance and Accountability Act 2013.\n\n> building and construction means the design, construction, renovation, rectification, alteration, extension, or performance of buildings, including plumbing or other service installations.\n\n> Commonwealth company has the meaning provided in the Act.\n\n> Commonwealth entity has the meaning provided in the Act.\n\n> IGA means the Australian Building Codes Board Inter‑Governmental Agreement 2012, including any subsequent amendments or additions agreed by the signatories.\n\n> information technology systems means the development, maintenance and use of computer systems, software and networks for the processing and distribution of data.\n\n> the former special account means the special account Australian Building Codes Board Special Account 2017 established by the PGPA Act Determination (Establishment of Australian Building Codes Board Special Account 2017).\n\n> the special account means the ABCB Special Account 2019 established by this instrument.\n\n> WaterMark Certification Scheme means the national mandatory certification scheme administered by ABCB from 2013, to authorise plumbing and drainage products for use in plumbing and drainage installations.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Special account credits and debits","content":"## Part 3—Special account credits and debits","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Amounts that may be credited to the special account","content":"#### 7 Amounts that may be credited to the special account\n\n  For subsection 78(1)(b) of the Act, the following amounts may be credited to the special account:\n    (a) an amount received from a government for a purpose of the special account;\n    (b) an amount received in the course of the performance of functions that relate to a purpose of the special account;\n    (c) an amount received from any person for a purpose of the special account.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Purposes of the special account","content":"#### 8 Purposes of the special account\n\n  For subsection 78(1)(c) of the Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are:\n    (a) to disburse an amount to create, maintain, enhance, and make accessible nationally consistent building and construction codes, standards, regulatory requirements; regulatory systems; model legislative and regulatory provisions; and guidance materials and tools (including but not limited to information technology systems) for building and construction;\n    (b) to disburse an amount to develop, promote and disseminate educational and training resources in relation to building and construction, for the building and construction industry, associated stakeholders and the broader community;\n    (c) to disburse an amount to research, investigate, consult, implement and administer the delivery of programs and initiatives for a purpose in paragraphs (a) or (b) above, including but not limited to product certification schemes (for example, the WaterMark Certification Scheme);\n    (d) to disburse an amount in connection with services performed by the ABCB for or on behalf of governments and other bodies, including Commonwealth entities and Commonwealth companies, for a purpose in paragraphs (a), (b) or (c) above;\n    (e) to disburse an amount in connection with joint activities performed by the ABCB for, on behalf of, or together with, a Commonwealth entity, Commonwealth company, government, organisation or person, for a purpose in paragraphs (a), (b) or (c) above;\n    (f) to disburse an amount for an activity that is incidental to a purpose in clause 8 of this instrument;\n    (g) to repay an amount where a court order, Act or other law requires or permits the repayment of an amount received;\n    (h) to repay to an original payer amounts credited to the special account or to the former special account, after any necessary payments made for a purpose in paragraphs (a), (b) or (c) above; and\n    (i) to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment.","sortOrder":9}],"analysis":{"summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a narrow determination that establishes a new special account for the Australian Building Codes Board."},"complexity_factors":["special account mechanics","PGPA Act terminology"],"plain_english_summary":"The instrument creates the ABCB Special Account 2019, a dedicated fund under the Public Governance, Performance and Accountability Act 2013 to receive and spend money for the Australian Building Codes Board’s work. The Secretary of the Treasury is the accountable authority and funds may come from governments or other parties.\n\nMoney in the account is restricted to activities supporting nationally consistent building codes, standards, certification (including WaterMark), training, research and related services, keeping these receipts separate from general government revenue."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward replacement determination that maintains the same scope as its predecessor (the 2017 special account). It continues the established purpose of funding the ABCB's statutory functions without expansion into new policy areas. The purposes listed in section 8 mirror the ABCB's existing functions under the Inter-Governmental Agreement."},"complexity_factors":["Short instrument: 9 operative sections across 3 parts","Minimal defined terms: 10 definitions, all straightforward (most just point to the parent Act or are descriptive)","No nested exceptions or conditional logic: credits and debits are listed in simple paragraphs (a)-(i)","Single cross-reference: only references to the Public Governance, Performance and Accountability Act 2013 (the \"Act\") and the Inter-Governmental Agreement","Clear purpose structure: linear progression from establishment → definitions → credits/debits","No temporal provisions, sunset clauses, or complex machinery provisions"],"plain_english_summary":"This legislation creates a dedicated bank account called the **ABCB Special Account 2019** to manage money for Australia's building and construction standards body.\n\n**What it does:**\n- Establishes a \"special account\" (a separate pot of money within the government's finances) for the Australian Building Codes Board (ABCB)\n- Puts the Secretary of the Treasury in charge of this account\n- Sets rules for what money can go **in** (payments from governments, fees for services, donations)\n- Sets rules for what money can go **out** (funding building codes, training materials, research, certification schemes like WaterMark, refunds, and joint projects)\n\n**Who it affects:**\n- The ABCB — it gets a stable funding mechanism for its work on national building codes\n- State and territory governments — they contribute to and benefit from nationally consistent building standards\n- The building industry — plumbers, builders, and certifiers who rely on the National Construction Code and WaterMark certification\n- The Treasury Secretary — who becomes legally responsible for the account\n\n**Why it matters:**\nThis account replaced an earlier one from 2017 (the \"former special account\"). It ensures the ABCB has reliable funding to maintain the National Construction Code and related standards that keep buildings safe and consistent across Australia. Without this mechanism, the ABCB's work on plumbing certification, building standards, and industry training would lack a clear funding pathway."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based solely on this instrument's text, the account is established to continue ABCB activities (codes, training, research, certification, services for governments) and expressly references the prior 2017 special account and repayments to it (definition of former special account in s6; repayment to former account in s8(h)). The instrument therefore presents continuity of scope rather than an identifiable expansion or narrowing within its own terms."},"complexity_factors":["Broad, multi‑purpose spending list with open phrases like “including but not limited to” and “incidental” (s8(a), s8(f)) increases administrative discretion over eligible expenditures.","Multiple and mixed revenue sources permitted — governments, amounts from performance of functions, and payments from persons — which creates varied contracting and accounting pathways (s7(a)–(c)).","Accountable authority is the Secretary of the Treasury, centralising decision‑making and financial control (s5).","Cross‑references to external instruments and definitions (the Act, the IGA, and the former special account) add interpretive dependencies outside the instrument (s3; definitions in s6).","Repayment and appropriation adjustment mechanisms (court/other law repayments, repayment to original payer, and non‑payment balance reduction) affect fiscal flows and require specific accounting treatments (s8(g)–(i)).","Legal fixation to PGPA Act subsections as the authority for establishment requires compliance with PGPA rules and limits (s3)."],"plain_english_summary":"Establishes the ABCB Special Account 2019 under the PGPA Act and names the Treasury Secretary as the accountable authority (ss4–5). The account may receive payments from governments, fees for ABCB services, and other persons (s7) and may fund nationally consistent building codes, education and training, research, product certification and related services, including work performed for or with governments (s8). The instrument also permits repayments and technical balance reductions (s8(g)–(i))."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-abcb-special-account-2019","history":"/api/acts/pgpa-act-determination-abcb-special-account-2019/history","analysis":"/api/acts/pgpa-act-determination-abcb-special-account-2019/analysis","conflicts":"/api/acts/pgpa-act-determination-abcb-special-account-2019/conflicts","importantCases":"/api/acts/pgpa-act-determination-abcb-special-account-2019/important-cases","documents":"/api/acts/pgpa-act-determination-abcb-special-account-2019/documents"}}