{"id":"F2018L01276","name":"PGPA Act Determination (Coordinated Procurement Contracting Special Account 2018)","slug":"pgpa-act-determination-coordinated-procurement-contracting-special-account-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439767,"registerId":"F2018L01276-fast-fetch-1775955663008","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Coordinated Procurement Contracting Special Account 2018)","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 (Coordinated Procurement Contracting Special Account 2018)\n\nI, MATHIAS HUBERT PAUL CORMANN, Minister for Finance and the Public Service, make the following determination.\n\nDated  6 September 2018\n\nMATHIAS HUBERT PAUL CORMANN\n\nMinister for Finance and the Public Service\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................................2\n\n6  Accountable authority responsible for the special account....................2\n\nPart 2—Special account credits and debits 2\n\n7  Amounts that may be credited to the special account.......................2\n\n8  Purposes of the special account...................................2\n\nPart 3—Transitional and Repeal Provisions 3\n\n9  Opening balance of the special account...............................3\n\n10  Repeal of the SOETM instrument.................................3\n\n11  Additional repeal provisions....................................3\n\n \n\nPart 1—Establishment\n\n1  Name\n\n  This instrument is the PGPA Act Determination (Coordinated Procurement Contracting Special Account 2018).\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 day mentioned in paragraph 79(5)(a) of the Act. |  |\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\nCommonwealth entity has the same meaning as section 11 of the Act.\n\nCPCSA special account means the Coordinated Procurement Contracting Special Account.\n\nCPCSA instrument means the instrument that established the CPCSA special account, the Financial Management and Accountability Determination 2008/08 – Coordinated Procurement Contracting Special Account Establishment 2008.\n\ndate of repeal means the date on which subclause 11(1) takes effect.\n\nopening balance means the amount that is required to be credited to the special account in clause 9.\n\nthe special account means the Coordinated Procurement Contracting Special Account 2018.\n\n5  Establishment of the special account\n\n  For subsection 78(1)(a) of the Act, the Coordinated Procurement Contracting Special Account 2018 is established as a special account (the special account).\n\n6  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 Finance.\n\nPart 2—Special account credits and debits\n\n \n\n7  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\n1.                 amounts received in the course of the performance of functions that relate to one or more purposes of the special account;\n2.                 amounts received from any person for one or more purposes of the special account;\n3.                 an amount appropriated by the Parliament for a purpose of the special account.\n\n\n8  Purposes of the special account\n\nFor 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\n1.                      to administer centralised procurement and contracting activities and whole of government procurement systems for the benefit of Commonwealth entities, including by:\n\n\n  (i) establishing and delivering whole of government arrangements;\n\n  (ii)  managing whole of government arrangements;\n\n  (iii)  providing assistance to Commonwealth entities or another government; and\n\n  (iv)  conducting performance monitoring;\n\n1.                      to undertake scoping studies and other activities to investigate further opportunities for and assess the viability of future whole of government arrangements, and establish strategies to approach and engage with existing and potential suppliers.\n2.                      to provide tools, advice and whole of government systems to assist Commonwealth entities or another government to build procurement capability, streamline processes and provide quality reporting to execute their procurement responsibilities;\n3.                      to carry out activities that are incidental to a purpose mentioned in paragraphs (a) to (c) including, but not limited to:\n\n\n(i)  the administration of the special account;\n\n  (ii)  dealing with direct and indirect costs;\n\n1.       to repay amounts where a court order, Act or other law requires or permits the repayment of an amount received;\n2.       to reduce the balance of the special account (and, therefore, the available appropriation for the account) without making a real or notional payment.\n\n\nPart 3—Transitional and Repeal Provisions\n\n \n\n9  Opening balance of the special account\n\n1.               For subsection 78(1)(b) of the Act, the amount in subclause 9(2) (opening balance) is required to be credited to the special account on the commencement date.\n2.               The opening balance is equal to the sum of the amounts standing to the credit of the CPCSA special account immediately prior to the commencement date.\n\n\n10  Repeal of instrument\n\n  For subsection 78(3) of the Act, the CPCSA instrument is repealed.\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 repeal of the CPCSA instrument (date of repeal).\n2.               For subsection 78(3) of the Act, the following definitions in clause 4 are repealed on the date of repeal:\n\n\n1.                      definition of date of repeal;\n2.                      definition of opening balance;\n3.                      definition of CPCSA instrument;\n4.                      definition of CPCSA account.\n\n\n (3) Despite subclause 11(1), the effects of Part 3 of this instrument remain in force after the date of repeal.\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 new enabling legislation (the 2013 PGPA Act replacing the 1997 FMA Act). The scope remains limited to coordinated procurement contracting activities, matching the original 2008 instrument's purpose. The transitional provisions ensure continuity without expansion of function."},"complexity_factors":["Short instrument: only 11 clauses across 3 Parts","Minimal defined terms: only 6 definitions in clause 4, with 4 of those scheduled for automatic repeal after transition","Simple structure: establishment, credits/debits, transitional provisions — no nested exceptions or conditional logic","Straightforward cross-references: only references to the parent PGPA Act 2013 (sections 11, 78, 79) and the repealed 2008 instrument","Single purpose: establishes one special account with clear, enumerated purposes — no regulatory schemes or enforcement mechanisms","Self-cleaning transitional provisions: Part 3 and most definitions automatically repeal after 7 days, leaving a clean ongoing instrument"],"plain_english_summary":"This law creates a dedicated special account to fund and manage whole‑of‑government coordinated procurement — bulk buying, research, tools, administration and related refunds — controlled by the Finance Secretary. It affects Commonwealth entities that use consolidated buying, suppliers/contractors, and the Department of Finance.\n\nFunds come from service fees, third‑party contributions, Parliamentary appropriations and the balance of the previous account; transitional rules preserve existing funds when replacing the old arrangement."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument re-establishes the Coordinated Procurement Contracting Special Account under the PGPA Act, preserving its stated funding sources and purposes and transferring the prior account balance into the new account. It repeals the earlier establishing instrument but does not add new substantive powers or restrict previously listed purposes (clauses 5–11)."},"complexity_factors":["Cross-reference to the PGPA Act and reliance on specific subsections for authority (clause 3; subsections 78(1)(a),(b),(c),(3) cited throughout).","Transitional transfer of the prior CPCSA opening balance into the new account (clause 9) and repeal of the earlier instrument (clause 10).","Broad, non‑exhaustive statement of purposes that leaves operational scope and prioritisation to administrators (clause 8, paras (a)–(c)).","Multiple funding sources permitted (receipts from functions; amounts from any person; Parliamentary appropriation) which affect who pays and how the account is replenished (clause 7).","Administrative discretion retained in the Secretary of the Department of Finance as accountable authority (clause 6) with limited operational constraints in the instrument.","A non‑payment mechanism to reduce the account balance without making a real or notional payment (clause 8(f)) which is an uncommon bookkeeping authority that may require internal policy to implement.","Short‑term repeal of transitional provisions while preserving their effects (clause 11), creating a layered textual structure to track over time."],"plain_english_summary":"This determination creates the Coordinated Procurement Contracting Special Account (CPCSA). It authorises the Department of Finance (Secretary) to hold and use receipts, payments from any person and Parliamentary appropriations to fund whole-of‑government procurement activities: establishing and managing whole‑of‑government arrangements, scoping future arrangements, providing tools and advice, and performance monitoring. It carries over the prior CPCSA balance into the new account and repeals the earlier instrument (clauses 5–11)."},"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-coordinated-procurement-contracting-special-account-2018","history":"/api/acts/pgpa-act-determination-coordinated-procurement-contracting-special-account-2018/history","analysis":"/api/acts/pgpa-act-determination-coordinated-procurement-contracting-special-account-2018/analysis","conflicts":"/api/acts/pgpa-act-determination-coordinated-procurement-contracting-special-account-2018/conflicts","importantCases":"/api/acts/pgpa-act-determination-coordinated-procurement-contracting-special-account-2018/important-cases","documents":"/api/acts/pgpa-act-determination-coordinated-procurement-contracting-special-account-2018/documents"}}