{"id":"F2021L01184","name":"PGPA Act Determination (DITRDCSA SOETM Special Account 2021)","slug":"pgpa-act-determination-ditrdcsa-soetm-special-account-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102048,"registerId":"commonwealth-F2021L01184-current","compilationNumber":null,"startDate":"2026-04-03","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 (DITRDCSA SOETM Special Account 2021).","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 Infrastructure, Transport, Regional Development, Communications, Sport and the Arts.\n\n> DITRDCSA means the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts\n\n> SOETM means Services for Other Entities and Trust Moneys.\n\n> the special account means the DITRDCSA SOETM Special Account 2021 established by this instrument.","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 DITRDCSA SOETM Special Account 2021 is established as a 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.","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, on behalf of or together with, a Commonwealth entity, Commonwealth company, government, organisation, body or person;\n    (c) 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;\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":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not expand the Department's statutory functions; it exercises the PGPA Act power to establish a special account and defines what may be credited and debited to it. It neither amends the Act nor creates new regulatory authorities beyond the account's establishment (see sections 3, 5, 7, 8)."},"complexity_factors":["Straightforward legal effect: creates a single special account and sets permitted credits and debits rather than introducing novel regulatory rules (see sections 5, 7, 8).","Authority anchored to the PGPA Act subsections 78(1) and 78(3), requiring familiarity with that Act to understand broader obligations (section 3).","Clear designation of accountable authority concentrates decision-making in the Secretary (section 6), reducing multilayered governance complexity.","Broad but simple categories of credited amounts (trust moneys, service receipts, payments from any person) give operational flexibility while remaining easy to classify (section 7).","Enumerated purposes for debits include trust disbursements, service-related payments, intergovernmental agreements, court/legislative repayments and balance reductions — these are concrete categories but cover a range of transactions that must be managed (section 8).","Limited textual detail on implementation mechanics (no schedules, no reporting steps in instrument) means complexity shifts to accounting practice and PGPA Act processes rather than this instrument itself."],"plain_english_summary":"This instrument establishes the DITRDCSA SOETM Special Account so the Department can hold, receive and spend funds that are trust moneys, payments for services, or other receipts for specified purposes. The Secretary of the Department is the accountable authority. It matters because it sets who controls these funds, what types of receipts can be held, and the permitted kinds of disbursements the Department may make."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard special account determination made under the PGPA Act. It serves its original narrow administrative purpose: establishing a mechanism for the Department to manage third-party moneys and trust funds. There is no indication of scope creep; it follows the typical template for such instruments."},"complexity_factors":["Very short instrument (only 8 sections)","Minimal defined terms (only 5 definitions in section 4)","No cross-references to other legislation beyond the enabling Act (PGPA Act 2013)","Simple linear structure with no nested conditions or exceptions","Straightforward purpose-based drafting with clear lists of permitted credits and debits","No temporal limitations, sunset clauses, or complex procedural requirements"],"plain_english_summary":"The bill establishes the DITRDCSA SOETM Special Account 2021 for the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts to receive and disburse money it holds on behalf of others (trusts, fees for services, payments under agreements, or court-mandated repayments). It affects the Department, its partners and entities with funds held in trust, and provides a legal, auditable mechanism to keep third‑party and non‑Commonwealth funds properly managed and returned."},"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-ditrdcsa-soetm-special-account-2021","history":"/api/acts/pgpa-act-determination-ditrdcsa-soetm-special-account-2021/history","analysis":"/api/acts/pgpa-act-determination-ditrdcsa-soetm-special-account-2021/analysis","conflicts":"/api/acts/pgpa-act-determination-ditrdcsa-soetm-special-account-2021/conflicts","importantCases":"/api/acts/pgpa-act-determination-ditrdcsa-soetm-special-account-2021/important-cases","documents":"/api/acts/pgpa-act-determination-ditrdcsa-soetm-special-account-2021/documents"}}