{"id":"F2025L00862","name":"PGPA Act Determination (AGS Client Funds Special Account 2025)","slug":"pgpa-act-determination-ags-client-funds-special-account-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106606,"registerId":"commonwealth-F2025L00862-current","compilationNumber":null,"startDate":"2026-04-03","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 (AGS Client Funds Special Account 2025).","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 PGPA Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> AGS lawyer has the meaning given by section 55I of the Judiciary Act 1903.\n\n> PGPA Act means the Public Governance, Performance and Accountability Act 2013.\n\n> the special account means the AGS Client Funds Special Account 2025 established by this instrument.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Establishment of the special account","content":"#### 5 Establishment of the special account\n\n  For paragraph 78(1)(a) of the PGPA Act, the AGS Client Funds Special Account 2025 is established as a special account.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Accountable authority responsible for the special account","content":"#### 6 Accountable authority responsible for the special account\n\n  For paragraph 78(1)(d) of the PGPA Act, the accountable authority responsible for the special account is the Secretary of the Attorney-General’s Department.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Special account credits and debits","content":"## Part 2—Special account credits and debits","sortOrder":6},{"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  (1) For paragraph 78(1)(b) of the PGPA Act, the following amounts may be credited to the special account:\n    (a) amounts received that are to be held on behalf of a client or any other person in relation to services provided by AGS lawyers; and\n    (b) amounts received from any person for the purposes of the special account.\n  (2) For paragraph 78(1)(b) of the PGPA Act, the following amounts must be credited to the special account:\n    (a) the proceeds of amounts invested from amounts standing to the credit of the special account.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Purposes of the special account","content":"#### 8 Purposes of the special account\n\n  For paragraph 78(1)(c) of the PGPA Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are:\n    (a) to pay amounts to a client, to the extent amounts are held on behalf of that client;\n    (b) to pay amounts to a client, to the extent that the amounts represent interest earned on amounts held on behalf of that client;\n    (c) to pay amounts in accordance with instructions from a client, to the extent that the amounts are held on behalf of that client;\n    (d) to invest amounts in accordance with instructions from a client, to the extent that the amounts are held on behalf of that client;\n    (e) to pay amounts where a court order, an Act or other law requires or permits the payment of an amount received; and\n    (f) 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":8}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard, narrow-purpose special account determination under the PGPA Act. It establishes a specific trust-style account for client funds with no expansion beyond the original purpose of holding and disbursing client money for AGS lawyers."},"complexity_factors":["Only 3 defined terms in section 4","No cross-references to other legislation beyond the enabling PGPA Act and Judiciary Act definitions","Straightforward structure: establishment (Part 1) and operational rules (Part 2)","Simple conditional logic: only 2 subsections with basic 'may' and 'must' distinctions for credits","No nested exceptions or complex provisos","Total length is approximately 8 short sections"],"plain_english_summary":"This creates the AGS Client Funds Special Account 2025 to hold money received by the Australian Government Solicitor on clients’ behalf, allow it to earn investment returns, and require the Secretary of the Attorney‑General’s Department to manage it. It affects AGS clients, AGS lawyers handling client money, and the Attorney‑General’s Department, ensuring client funds are kept separate, properly invested, and paid out only as directed or required by law."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument establishes and defines the scope of a new special account and lists permitted credits and debits. It does not indicate it amends or replaces a prior instrument or otherwise changes an earlier scope; no change from an earlier stated intent is evident from the text provided."},"complexity_factors":["Narrow and specific subject matter: establishes a single special account with limited financial rules (ss5,7,8).","Few provisions and straightforward structure reduce interpretive load.","Defined-term reliance on external legislation (AGS lawyer defined by Judiciary Act 1903) introduces cross‑reference complexity (s4).","Interaction with PGPA Act authority and appropriation framework requires compliance with broader financial governance rules (s3; instrument made under ss78(1) and 78(3) PGPA Act).","Accountable authority designation centralises administrative responsibility (s6), creating a single point for procedural implementation and compliance.","Allowance to reduce the balance without making a real or notional payment (s8(f)) creates an accounting discretion that may need procedural safeguards.","Provisions requiring payments where a court order, Act or other law requires or permits payment (s8(e)) create legal‑compliance obligations and potential coordination with other authorities."],"plain_english_summary":"This instrument sets up the AGS Client Funds Special Account 2025 under the PGPA Act to hold money AGS lawyers receive on behalf of clients or from other persons, and to hold investment proceeds of those funds (ss5–7). The Secretary of the Attorney‑General’s Department is the accountable authority (s6). Money may be paid to clients, invested or paid/invested on client instruction, paid where a court or law requires it, or used to reduce the account balance without an actual payment (s8)."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-ags-client-funds-special-account-2025","history":"/api/acts/pgpa-act-determination-ags-client-funds-special-account-2025/history","analysis":"/api/acts/pgpa-act-determination-ags-client-funds-special-account-2025/analysis","conflicts":"/api/acts/pgpa-act-determination-ags-client-funds-special-account-2025/conflicts","importantCases":"/api/acts/pgpa-act-determination-ags-client-funds-special-account-2025/important-cases","documents":"/api/acts/pgpa-act-determination-ags-client-funds-special-account-2025/documents"}}