{"id":"F2020L00147","name":"PGPA Act Determination (Climate Change, Energy, the Environment and Water SOETM Special Account 2020)","slug":"pgpa-act-determination-climate-change-energy-the-environment-and-water-soetm-special-account-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100723,"registerId":"commonwealth-F2020L00147-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 (Climate Change, Energy, the Environment and Water SOETM Special Account 2020).","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":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Public Governance, Performance and Accountability Act 2013.\n\n> Department means the Department of Climate Change, Energy, the Environment and Water.\n\n> SOETM means Services for Other Entities and Trust Moneys.\n\n> the special account means the Climate Change, Energy, the Environment and Water SOETM Special Account 2020 established by this instrument.\n\n> Water Resources Special Account 2016 means the Water Resources Special Account 2016 established by the Water Resources Special Account instrument.\n\n> Water Resources Special Account instrument means the PGPA Act (Water Resources Special Account 2016 — Establishment) Determination 2016/01.","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 Act, the Climate Change, Energy, the Environment and Water SOETM Special Account 2020 is established as a special account (the 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 Act, the accountable authority responsible for the special account is the Secretary of the 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  For paragraph 78(1)(b) of the Act, the following amounts may be credited to the special account:\n    (a) an amount held on trust, or otherwise on behalf of or for the benefit of a person other than the Commonwealth;\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    (c) an amount received from any person for one or more purposes of the special account;\n    (d) an amount equal to the amount standing to the credit of the Water Resources Special Account 2016 immediately prior to the sunsetting of the Water Resources Special Account instrument.","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 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 held on trust or otherwise for the benefit of a person other than the Commonwealth;\n    (b) to disburse an amount in connection with services performed for or on behalf of other governments and bodies, including Commonwealth entities;\n    (c) to disburse an amount in connection with joint activities performed for, on behalf of, or together with, another Commonwealth entity, Commonwealth company, another government, organisation or person;\n    (d) to disburse an amount in connection with an agreement between the Commonwealth and another government;\n    (e) to repay an amount where a court order, Act or other law requires or permits the repayment 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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument establishes a new SOETM special account and expressly incorporates the closing balance of the Water Resources Special Account 2016 when that earlier instrument sunsets (s7(d)). Functionally this shifts funds and the management of related trust/service receipts into the Department's SOETM account, broadening the receiving and disbursing basis compared with retaining a separate Water Resources special account."},"complexity_factors":["Cross-reference to the PGPA Act authority (made under subsections 78(1) and 78(3)) — requires alignment with the broader PGPA framework (Authority: s3).","Multiple credit types allowed (trust funds; payments for services; amounts from persons; transfer of Water Resources Special Account balance) — creates varied revenue streams to manage (s7(a)–(d)).","Varied authorised debits (disbursements for trusts, services for others, joint activities, intergovernmental agreements, legal repayments, notional balance reductions) — multiple lawful purposes to apply and justify (s8(a)–(f)).","Inter-instrument dependency: explicit transfer/continuity from the Water Resources Special Account 2016 on its sunsetting — requires coordination with that instrument (s7(d)).","Accountable authority designated as the Department Secretary — concentrates decision and compliance responsibility (s6).","Notional balance-reduction mechanism (reducing available appropriation without a real payment) introduces an accounting/appropriation nuance that administrators must apply correctly (s8(f))."],"plain_english_summary":"This instrument creates a special account for the Department of Climate Change, Energy, the Environment and Water to hold and spend money received as trust funds, payments for services for other entities, gifts or transfers — including the closing balance of the Water Resources Special Account when that instrument sunsets. The Secretary of the Department is the accountable authority. It specifies what classes of receipts may be credited and the authorised categories of disbursement, including legal repayments and notional balance adjustments."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard special account establishment instrument under the PGPA Act. It serves the original purpose of creating a mechanism to manage trust and third-party moneys for the Department, consistent with the standard template for such determinations. The absorption of the Water Resources Special Account 2016 balance represents a routine administrative consolidation rather than scope creep."},"complexity_factors":["Only 6 defined terms in the interpretation section","Straightforward establishment and purpose provisions with minimal conditional logic","No nested exceptions or complex cross-referencing beyond a single reference to a superseded account","Single accountable authority designated with no alternatives or contingencies","Clear, enumerated lists for credits and purposes without sub-conditions"],"plain_english_summary":"This creates the Climate Change, Energy, the Environment and Water SOETM Special Account 2020 — a dedicated bank account the Department of Climate Change, Energy, the Environment and Water uses to hold and manage money that doesn’t belong to the Commonwealth but is held on behalf of others. It lets the Department receive, spend and return funds for trusts, joint projects, services to other bodies, and absorbs the remaining balance from the Water Resources Special Account 2016."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-climate-change-energy-the-environment-and-water-soetm-special-account-2020","history":"/api/acts/pgpa-act-determination-climate-change-energy-the-environment-and-water-soetm-special-account-2020/history","analysis":"/api/acts/pgpa-act-determination-climate-change-energy-the-environment-and-water-soetm-special-account-2020/analysis","conflicts":"/api/acts/pgpa-act-determination-climate-change-energy-the-environment-and-water-soetm-special-account-2020/conflicts","importantCases":"/api/acts/pgpa-act-determination-climate-change-energy-the-environment-and-water-soetm-special-account-2020/important-cases","documents":"/api/acts/pgpa-act-determination-climate-change-energy-the-environment-and-water-soetm-special-account-2020/documents"}}