{"id":"F2019L00992","name":"PGPA Act Determination (Defence Endowments, Bequests and Other Trust Moneys Special Account 2019)","slug":"pgpa-act-determination-defence-endowments-bequests-and-other-trust-moneys-special-account-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440180,"registerId":"F2019L00992-fast-fetch-1775955908924","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Defence Endowments, Bequests and Other Trust Moneys Special Account 2019)","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 (Defence Endowments, Bequests and Other Trust Moneys Special Account 2019)\n\nI, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make the following determination.\n\nDated  15  /  7  / 2019\n\nMATHIAS HUBERT PAUL CORMANN\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 and repeal provisions \n\n9  Opening balance of the special account................................\n\n10  Repeal of instruments.........................................\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 (Defence Endowments, Bequests and Other Trust Moneys Special Account 2019).\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\nASD account means the ASD Trust and Other Moneys Special Account 2018 established by the PGPA Act Determination (ASD Trust and Other Moneys Special Account 2018).\n\ndate of repeal means the date on which subsection 11(1) takes effect.\n\nEndowments account means the Defence Endowments Special Account established by the Endowments instrument.\n\nEndowments instrument means the Financial Management and Accountability Determination 2009/11 — Defence Endowments Special Account Establishment 2009.\n\nFedorczenko account means the Fedorczenko Legacy Special Account established by the Fedorczenko instrument.\n\nFedorczenko instrument means the Financial Management and Accountability Determination 2009/13 — Fedorczenko Legacy Special Account Establishment 2009.\n\nopening balance means the amount that is required to be credited to the special account under section 9.\n\nSOETM account means the Services for Other Entities and Trust Moneys – Defence Special Account established by the SOETM instrument.\n\nSOETM instrument means the Financial Management and Accountability Determination 2009/15 – Services for Other Entities and Trust Moneys – Defence Special Account Establishment 2009.\n\nthe special account means the Defence Endowments, Bequests and Other Trust Moneys Special Account 2019 established by this instrument.\n\n5  Establishment of the special account\n\n  For subsection 78(1)(a) of the Act, the Defence Endowments, Bequests and Other Trust Moneys Special Account 2019 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 Defence.\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\n (a) an amount held on trust for, on behalf of or otherwise for the benefit of a person other than the Commonwealth;\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 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 disburse amounts held on trust, on behalf of or otherwise for the benefit of a person other than the Commonwealth, including by carrying out the terms provided for in an endowment, bequest, legacy, trust, or other contribution for the benefit of a person other than the Commonwealth;\n2.      to carry out activities consistent with the Fedorczenko Trust;\n3.       to undertake activities approved by the Young Endeavour Youth Program Board of Management, or the Commonwealth, in relation to the Sail Training Ship Young Endeavour;\n4.      to disburse an amount in connection with services performed for or on behalf of any entities or bodies other than non-corporate Commonwealth entities;\n5.       to disburse an amount in connection with services performed for, on behalf of, or together with, another government, or in connection with an agreement between the Commonwealth and another government;\n6.       to credit an amount to the ASD account;\n7.      to repay an amount where a court order, Act or other law requires or permits the repayment of an amount received;\n8.      to carry out activities that are incidental to one or more of the purposes of the special account, including costs of administering the special account;\n9.        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\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 subsection 9(2) (opening balance) is required to be credited to the special account on the commencement date in clause 2 of this instrument.\n2.               The opening balance is equal to the sum of the amounts standing to the credit of the following special accounts immediately prior to the commencement date in clause 2 of this instrument:\n\n\n1.                      the Endowments account;\n2.                      the Fedorczenko account; and\n3.                      the SOETM account.\n\n\n10  Repeal of instruments\n\n  For subsection 78(3) of the Act, the following instruments are repealed:\n\n1.                      the Endowments instrument;\n2.                      the Fedorczenko instrument; and\n3.                      the SOETM instrument.\n\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 instruments listed in clause 10 (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 Endowments account;\n3.                      definition of Endowments instrument;\n4.                      definition of Fedorczenko account;\n5.                      definition of Fedorczenko instrument;\n6.    definition of opening balance;\n7.                      definition of SOETM account; and\n8.                      definition of SOETM instrument.\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","sortOrder":0}],"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":3,"scope_assessment":{"changed":false,"description":"The legislation maintains the same scope as its predecessors. It is a consolidation exercise—merging three existing special accounts into one without expanding the purposes or types of transactions. The purposes listed in clause 8 mirror the combined purposes of the three repealed accounts. The transitional provisions ensure continuity without scope creep."},"complexity_factors":["Short length (11 clauses across 3 Parts)","Straightforward structure: establishment, operation, transitional provisions","8 defined terms in clause 4, mostly referencing repealed instruments for transitional purposes","Simple conditional logic limited to commencement timing and self-repealing provisions","Cross-references limited to the parent Act (Public Governance, Performance and Accountability Act 2013) and the three instruments being repealed","Self-terminating provisions (Part 3 and certain definitions repeal themselves after 7 days)"],"plain_english_summary":"This law creates a single Defence special account to hold and manage donations, bequests, trusts and funds Defence holds for others by consolidating three existing accounts. It governs how those monies are received, used and returned, affects Defence, donors and beneficiaries (including specific trusts and programs), and includes transitional rules to move balances without loss. The change is mainly an administrative streamlining of trust-accounting."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument narrows operational fragmentation by consolidating the Endowments, Fedorczenko and SOETM special accounts into a single account and transfers their balances as an opening balance (clause 9). It maintains the prior accounts' permitted purposes by enumerating them under the new account (clause 8), and repeals the former instruments (clause 10) while preserving transitional effects (clause 11(3))."},"complexity_factors":["Cross-reference to the PGPA Act s78 as the statutory basis for establishment and operation (clauses 3, 5, 6)","Consolidation of three existing special accounts into one with an opening-balance transfer (clause 9 and clause 10 repeal list)","Defined list of permissible credits (clause 7) and an enumerated set of permitted debits/purposes (clause 8) that cover diverse recipients and activities","Accountable authority centralised in the Secretary, creating administrative and discretionary control over use and reporting (clause 6)","Inter-account transfer authority (ability to credit the ASD account) and a provision allowing notional balance reductions without cash payments (clause 8 items 6 and 9) introduce accounting nuances","Transitional drafting: Part 3 is repealed shortly after the prior instruments but its effects are preserved (clause 11(1)–(3)), which creates a limited technical complexity in repeal timing","Multiple defined terms and legacy instrument references require checking prior instruments to confirm continuity of purposes and entitlements (clause 4 and repealed instruments listed in clause 10)"],"plain_english_summary":"This Determination merges three Defence special accounts into a single \"Defence Endowments, Bequests and Other Trust Moneys Special Account\", transfers their balances on commencement, and makes the Secretary of the Department of Defence the accountable authority. It permits crediting trust funds, receipts linked to the account's purposes and payments from third parties, and allows disbursements for endowments/bequests, the Fedorczenko Trust, the Young Endeavour program, services for other entities or governments, transfers to an ASD account, required repayments, administration costs and notional balance reductions."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-defence-endowments-bequests-and-other-trust-moneys-special-account-2019","history":"/api/acts/pgpa-act-determination-defence-endowments-bequests-and-other-trust-moneys-special-account-2019/history","analysis":"/api/acts/pgpa-act-determination-defence-endowments-bequests-and-other-trust-moneys-special-account-2019/analysis","conflicts":"/api/acts/pgpa-act-determination-defence-endowments-bequests-and-other-trust-moneys-special-account-2019/conflicts","importantCases":"/api/acts/pgpa-act-determination-defence-endowments-bequests-and-other-trust-moneys-special-account-2019/important-cases","documents":"/api/acts/pgpa-act-determination-defence-endowments-bequests-and-other-trust-moneys-special-account-2019/documents"}}