{"id":"F2020L00881","name":"PGPA Act Determination (DHA Borrowings Special Account 2020)","slug":"pgpa-act-determination-dha-borrowings-special-account-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440541,"registerId":"F2020L00881-fast-fetch-1775956131549","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (DHA Borrowings Special Account 2020)","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 (DHA Borrowings Special Account 2020)\n\nI, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make the following determination.\n\nDated    29 / 6 / 2020\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\n \n\nPart 1—Establishment\n\n \n\n1  Name\n\n  This instrument is the PGPA Act Determination (DHA Borrowings Special Account 2020).\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 PGPA Act or   1 October 2020. |  |\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 subsection 78(1) of the PGPA Act.\n\n4  Definitions\n\n  In this instrument:\n\nborrowing means a loan from the Commonwealth to DHA in accordance with section 36 of the DHA Act.\n\nDHA has the same meaning as in the DHA Act.\n\nDHA Act means the Defence Housing Australia Act 1987.\n\nPGPA Act means the Public Governance, Performance and Accountability Act 2013.\n\nspecial account means the DHA Borrowings Special Account 2020 established by this instrument.\n\n \n\n \n\n5  Establishment of the special account\n\n  For paragraph 78(1)(a) of the PGPA Act, the DHA Borrowings Special Account 2020 is established as a special account (the special account).\n\n6  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 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 paragraph 78(1)(b) of the PGPA Act, the following amounts may be credited to the special account:\n\n1.                      an amount appropriated by the Parliament for the purposes of facilitating a borrowing;\n2.                      an amount received from DHA that relates to a borrowing;\n3.                      an amount received in the course of the performance of functions that relate to one or more purposes of the special account;\n4.                      an amount received from any person for one or more purposes of the special account.\n\n\n8  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\n1.                      to pay an amount to DHA in relation to a borrowing;\n2.                      to make payments incidental to the purposes in paragraph (a), including to meet direct and indirect costs of administering the special account and activities relating to, entering into or managing a borrowing;\n3.                      to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment; and\n4.                      to repay an amount where a court order, Act or other law requires or permits the repayment of an amount received.\n\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not alter DHA's statutory borrowing power; it creates an accounting vehicle and prescribes funding flows and authorised uses. It establishes who controls the account (Secretary, Department of Finance) and what may be credited or debited (s5–s8), but it does not amend substantive powers in the DHA Act or PGPA Act."},"complexity_factors":["Straightforward, short instrument establishing a single special account (s5).","Cross‑references to PGPA Act and Defence Housing Australia Act for authority and meaning (s3, s4).","Clear allocation of accountability to the Secretary, centralising control in Finance (s6).","Simple lists of permitted credits and debits rather than detailed procedural rules (s7–s8).","Commencement tied to an external PGPA Act timing provision, adding a timing dependency (Commencement table referencing paragraph 79(5)(a)).","Broad phrase 'an amount received from any person' introduces potential ambiguity about eligible third‑party receipts (s7(4)).","Includes a mechanism to reduce the account balance without a cash payment, which is an accounting rather than operational action (s8(3))."],"plain_english_summary":"**DHA Borrowings Special Account 2020** creates a dedicated special account to handle Commonwealth loans to Defence Housing Australia (DHA). The Secretary of the Department of Finance is the accountable authority (s6). Creditable receipts include parliamentary appropriations, DHA receipts and third‑party receipts; allowable payments include amounts to DHA for borrowings, administration costs, reducing the account balance, and law‑required repayments (s7–s8). It matters because it prescribes how borrowing funds flow, who decides on their use, and what costs the account may meet."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the limited function suggested by its title: establishing a special account for DHA borrowings. It has not expanded beyond this narrow administrative purpose."},"complexity_factors":["Only 8 sections total, with clear sequential structure","4 defined terms in section 4, all straightforward cross-references to other legislation","No nested exceptions or conditional logic beyond simple 'may be credited' and 'purposes are' lists","Single cross-reference to the PGPA Act (the enabling legislation) and DHA Act","Plain English drafting with minimal legalese"],"plain_english_summary":"This instrument creates the DHA Borrowings Special Account 2020 — a dedicated Commonwealth bank account that lets the government lend money to Defence Housing Australia and receive repayments. It affects DHA (borrower/repayer), the Department of Finance (account manager), and taxpayers (funds come from Parliamentary appropriations).\n\nIt matters because it legally separates and tracks DHA lending under the PGPA Act, increasing transparency and financial control over those transactions."},"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-dha-borrowings-special-account-2020","history":"/api/acts/pgpa-act-determination-dha-borrowings-special-account-2020/history","analysis":"/api/acts/pgpa-act-determination-dha-borrowings-special-account-2020/analysis","conflicts":"/api/acts/pgpa-act-determination-dha-borrowings-special-account-2020/conflicts","importantCases":"/api/acts/pgpa-act-determination-dha-borrowings-special-account-2020/important-cases","documents":"/api/acts/pgpa-act-determination-dha-borrowings-special-account-2020/documents"}}