{"id":"F2021L00703","name":"PGPA Act Determination (Attorney-General’s Department SOETM Special Account 2021)","slug":"pgpa-act-determination-attorney-general-s-department-soetm-special-account-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440872,"registerId":"F2021L00703-fast-fetch-1775956346330","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Attorney-General’s Department SOETM Special Account 2021)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nPGPA Act Determination (Attorney-General’s Department SOETM Special Account 2021)\n\nI, SIMON BIRMINGHAM, Minister for Finance, make the following determination.\n\nDated       31       /     05    / 2021\n\nSIMON BIRMINGHAM\n\nMinister for Finance\n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Establishment \n\n1  Name ...................................................\n\n2  Commencement.............................................\n\n3  Authority.................................................\n\n4  Definitions................................................\n\n5  Establishment of the special account.................................\n\n6  Accountable authority responsible for the special account.....................\n\nPart 2—Special account credits and debits \n\n7  Amounts that may be credited to the special account........................\n\n8  Purposes of the special account....................................\n\nPart 3—Transitional, revocation and repeal provisions \n\n9  Opening balance of the special account................................\n\n10  Revocation of SOETM instrument..................................\n\n11  Additional repeal provisions.....................................\n\n \n\nPart 1—Establishment\n\n \n\n1  Name\n\n  This instrument is the PGPA Act Determination (Attorney-General’s Department SOETM Special Account 2021).\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n| Column 1 | Column 2 | Column 3 |\n| --- | --- | --- |\n| Provisions | Commencement | Date/Details |\n| The whole of this instrument | The later of the day mentioned in paragraph 79(5)(a) of the Act or 1 July 2021. |  |\n\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any version of this instrument published on the Federal Register of Legislation.\n\n3  Authority\n\n  This instrument is made under subsections 78(1) and 78(3) of the Act.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Public Governance, Performance and Accountability Act 2013.\n\nDepartment means the Attorney-General’s Department.\n\nSOETM means Services for Other Entities and Trust Moneys.\n\nSOETM special account means the Services for Other Entities and Trust Moneys – Attorney-General’s Department Special Account established by the SOETM instrument.\n\nSOETM instrument means the Financial Management and Accountability (Establishment of Special Account for Attorney‑General's Department) Determination 2011/04.\n\nthe special account means the Attorney-General’s Department SOETM Special Account 2021 established by this instrument.\n\n5  Establishment of the special account\n\n  For paragraph 78(1)(a) of the Act, the Attorney-General’s Department SOETM Special Account 2021 is established as a special account.\n\n6  Accountable authority responsible for the special account\n\n  For paragraph 78(1)(d) of the Act, the accountable authority responsible for the special account is the Secretary of the Department.\n\n \n\nPart 2—Special account credits and debits\n\n \n\n7  Amounts that may be credited to the special account\n\n  For paragraph 78(1)(b) of the Act, the following amounts may be credited to the special account:\n\n1.                      an amount held on trust, or otherwise on behalf of or for the benefit of a person other than the Commonwealth;\n\n\n (b) an amount received in the course of the performance of functions that relate to one or more purposes of the special account;\n\n (c) an amount received from any person for one or more purposes of the special account.\n\n8  Purposes of the special account\n\n  For paragraph 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\n1.                      to disburse an amount held on trust or otherwise for the benefit of a person other than the Commonwealth;\n2.                      to disburse an amount in connection with services performed for, on behalf of, or together with, a Commonwealth entity, Commonwealth company, government, organisation, body or person;\n3.                      to disburse an amount in connection with joint activities performed for, on behalf of, or together with, a Commonwealth entity, Commonwealth company, government, organisation, body or person;\n4.                      to disburse an amount in connection with an agreement between the Commonwealth and another government;\n5.                      to repay an amount where a court order, Act or other law requires or permits the repayment of an amount received; and \n6.    to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment.\n\n\n \n\nPart 3—Transitional, revocation and repeal provisions\n\n \n\n9  Opening balance of the special account\n\n1.               For paragraph 78(1)(b) of the Act, the amount in subsection 9(2) (opening balance) is required to be credited to the special account immediately after its establishment.\n2.               The opening balance is equal to the amount standing to the credit of the SOETM special account immediately prior to the commencement of this instrument.\n\n\n10  Revocation of SOETM instrument\n\n  For subsection 78(3) of the Act, the SOETM instrument is revoked.\n\n11  Additional repeal provisions\n\n1.               For subsection 78(3) of the Act, Part 3 of this instrument is repealed at the end of the seventh day after the revocation of the SOETM instrument under section 10 (date of repeal).\n2.               For subsection 78(3) of the Act, the following definitions in section 4 are repealed on the date of repeal:\n\n\n1.                      definition of SOETM instrument;\n2.                      definition of SOETM special account.\n\n\n1.               Despite subsection 11(1), the effects of Part 3 of this instrument remain in force after the date of repeal.\n\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward re-establishment of an existing special account under updated legislative authority (the PGPA Act 2013 replacing the old FMA Act). The scope remains limited to managing trust and third-party monies for the Attorney-General's Department, consistent with the original 2011 instrument's purpose. No expansion of function or jurisdiction is evident."},"complexity_factors":["Short instrument with only 11 sections across 3 Parts","Only 5 defined terms in section 4, all straightforward abbreviations","Simple structure: establishment, credits/debits, transitional provisions","Limited cross-referencing — primarily references to section 78 of the PGPA Act","Clear purpose-driven provisions without nested exceptions","Transitional mechanics are simple (balance transfer, revocation, delayed repeal of definitions)"],"plain_english_summary":"The bill creates the \"Attorney‑General's Department SOETM Special Account 2021\" so the Department can lawfully receive, hold and spend money that isn’t Commonwealth revenue—trust funds, service fees, or funds held for other entities—separately from general government money. It affects the Department (the Secretary), payers, beneficiaries and partner governments/entities, replaces the 2011 account, and transfers the old account balance to ensure continuity and legal clarity."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument principally re-establishes the existing SOETM special account structure under the PGPA Act and carries across the prior account balance, while revoking the 2011 SOETM instrument (s9–10). It does not expand or narrow the listed types of credits or purposes for debits in ways apparent on the face of the text (ss7–8). The temporary repeal mechanics for Part 3 and removal of certain definitions are technical adjustments to drafting and publication, with the substantive effects preserved after repeal (s11)."},"complexity_factors":["Cross-reference to the PGPA Act and reliance on its paragraph-based powers (Authority: ss78(1) and 78(3); instrument generally)","Transitional handling of the prior SOETM instrument and automatic transfer of opening balance (s9 and s10)","Time-limited repeal of Part 3 and selective repeal of definitions while preserving effects after repeal (s11)","Definitions and term reuse (Act, Department, SOETM, SOETM instrument, SOETM special account) creating interpretive links (s4)","Range of permitted credits and debits including trust receipts, service receipts, payments for joint activities and an explicit mechanism to reduce the account balance without a payment (ss7–8)","Designated accountable authority and attendant administrative responsibilities (s6)"],"plain_english_summary":"This determination creates the Attorney‑General’s Department SOETM Special Account under the PGPA Act, names the Department Secretary as the accountable authority (s5–6), and sets what receipts may be credited and what purposes funds may be used for (ss7–8). It also moves the balance from the previous SOETM account into the new account and revokes the earlier instrument (s9–10). It affects the Department, persons or entities that pay or are owed trust/service monies, and anyone relying on the account as an available appropriation."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-attorney-general-s-department-soetm-special-account-2021","history":"/api/acts/pgpa-act-determination-attorney-general-s-department-soetm-special-account-2021/history","analysis":"/api/acts/pgpa-act-determination-attorney-general-s-department-soetm-special-account-2021/analysis","conflicts":"/api/acts/pgpa-act-determination-attorney-general-s-department-soetm-special-account-2021/conflicts","importantCases":"/api/acts/pgpa-act-determination-attorney-general-s-department-soetm-special-account-2021/important-cases","documents":"/api/acts/pgpa-act-determination-attorney-general-s-department-soetm-special-account-2021/documents"}}