{"id":"F2017L00250","name":"PGPA Act Determination (Establishment of FCA Litigants' Fund Special Account 2017)","slug":"pgpa-act-determination-establishment-of-fca-litigants-fund-special-account-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439139,"registerId":"F2017L00250-fast-fetch-1775955262979","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Establishment of FCA Litigants' Fund Special Account 2017)","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 (Establishment of FCA Litigants' Fund Special Account 2017)\n\nI, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make the following determination.\n\nDated    15/3/2017\n\nMATHIAS HUBERT PAUL CORMANN\n\nMinister for Finance\n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary \n\n1  Name ...................................................\n\n2  Commencement.............................................\n\n3  Authority.................................................\n\n4  Definitions................................................\n\nPart 2—Establishment of the special account \n\n5  Establishment of the special account.................................\n\n6  Amounts that may be credited to the special account........................\n\n7  Purposes of the special account....................................\n\nPart 3—Transitional provisions \n\n8  Amendment of the former determination...............................\n\n9  Amounts that may be credited from the former special account.................\n\nPart 4—Accountable authority \n\n10  Accountable authority responsible for the special account....................\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the PGPA Act Determination (Establishment of FCA Litigants' Fund Special Account 2017).\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 as the day on which a determination made under subsections 78(1) and 78(3) of that Act takes effect. |  |\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 Public Governance, Performance and Accountability Act 2013.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Public Governance, Performance and Accountability Act 2013.\n\nformer determination means the Financial Management and Accountability (Determination 2004/07 — Federal Court of Australia Litigants’ Fund Special Account) Establishment 2004, as in force immediately before the commencement of this section.\n\nformer special account means the Federal Court of Australia Litigants' Fund Special Account established by section 3 of the former determination.\n\nOfficial Public Account means the Commonwealth’s central bank account.\n\nthe special account means the FCA Litigants' Fund Special Account 2017.\n\nPart 2—Establishment of the special account\n\n \n\n5  Establishment of the special account\n\n  For the purposes of paragraph 78(1)(a) of the Act, the FCA Litigants' Fund Special Account 2017 is established as a special account (the special account).\n\n6  Amounts that may be credited to the special account\n\n  For the purposes of paragraph 78(1)(b) of the Act, amounts up to and equal to the following may be credited to the special account:\n\n (a) amounts received in the course of the performance of functions that relate to the purposes of the special account;\n\n (b) amounts received from any person for the purposes of the special account.\n\n7  Purposes of the special account\n\n  For the purposes of paragraph 78(1)(c) of the Act, the purposes for which amounts may be debited from the special account are as follows:\n\n (a) in accordance with:\n\n (i) an order of the Federal Court of Australia or a Judge of that Court under Rule 2.43 of the Federal Court Rules 2011; or\n\n (ii) a direction of a Registrar under that Order.\n\n (b) in any other case, in accordance with an order of the Federal Court of Australia or a Judge of that Court made under the Federal Court Rules 2011.\n\nPart 3—Transitional provisions\n\n \n\n8  Amendment of the former determination\n\n  For the purposes of paragraph 78(3) of the Act, the former determination is varied as follows:\n\n \n\nInsert in section 5:\n\n \n\n(c) to credit amounts to the FCA Litigants' Fund Special Account 2017.\n\n \n\n9  Amounts that may be credited from the former special account\n\n  For the purposes of paragraph 78(1)(b) of the Act, if, immediately before the commencement of this section, there is an amount standing to the credit of the former special account, then an amount up to or equal to that amount may be debited from the former special account and credited to the special account.\n\n \n\nPart 4—Accountable authority\n\n \n\n10  Accountable authority responsible for the special account\n\n  For the purposes of paragraph 78(1)(d) of the Act, the accountable authority responsible for the special account is the Chief Executive Officer of the Federal Court of Australia.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument re-establishes and continues the litigants’ fund under the PGPA Act while enabling transfer of any existing balance from the former FM&A determination. Its purpose—holding funds to meet Federal Court orders or Registrar directions—remains the same (see ss 5–7, 8–10). Any change is administrative: updating legal basis and accountable authority arrangements under the PGPA framework rather than altering the fund’s substantive purposes."},"complexity_factors":["Limited substantive scope: establishes a single-purpose special account for court-ordered payments (s 5, s 7).","Simple funding rules: credits limited to receipts from court functions and payments from any person (s 6).","Reliance on external procedural instruments: debits operate only under Federal Court orders or Registrar directions (s 7).","Transitional mechanics: allows transfer of balances from the former special account and amends the former determination (s 8–9).","Accountability defined narrowly: CEO of the Federal Court is the accountable authority (s 10).","Tied to PGPA Act commencement and technical commencement timing references (s 2–3)."],"plain_english_summary":"This determination creates the FCA Litigants' Fund Special Account under the PGPA Act to receive and hold funds used to satisfy Federal Court of Australia orders or Registrar directions (including payments under Rule 2.43 and other Federal Court Rules). Amounts payable into the account include receipts from court-related functions and payments from any person, and any balance from the former litigants’ fund may be transferred into it. The Chief Executive Officer of the Federal Court is the accountable authority; debits require a court order or Registrar direction (ss 6–7,9–10)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose of establishing and governing a specific special account for Federal Court litigants' funds. The 2017 version is a straightforward re-establishment and update of the 2004 determination, with transitional provisions to ensure continuity. There is no scope creep or expansion beyond the original intent of creating a financial mechanism to hold court-ordered payments."},"complexity_factors":["Short length (10 sections across 4 Parts)","Minimal defined terms (only 5 definitions in section 4)","Straightforward structure with clear purpose (establish special account, set credits/debits, transitional provisions, assign responsibility)","Limited cross-referencing (primarily to the Public Governance, Performance and Accountability Act 2013 and Federal Court Rules 2011)","Simple conditional logic (only transitional provision in section 9 involves a basic 'if-then' condition)","No nested exceptions or complex regulatory mechanisms"],"plain_english_summary":"This instrument creates the \"FCA Litigants' Fund Special Account 2017\" as the legal bank account to hold money paid into the Federal Court (notably security for costs and other court-ordered payments), replacing the earlier 2004 account. It designates the Federal Court CEO to manage the account and sets who may deposit and withdraw funds under court orders and financial law, ensuring proper custody and transfer of existing balances."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-establishment-of-fca-litigants-fund-special-account-2017","history":"/api/acts/pgpa-act-determination-establishment-of-fca-litigants-fund-special-account-2017/history","analysis":"/api/acts/pgpa-act-determination-establishment-of-fca-litigants-fund-special-account-2017/analysis","conflicts":"/api/acts/pgpa-act-determination-establishment-of-fca-litigants-fund-special-account-2017/conflicts","importantCases":"/api/acts/pgpa-act-determination-establishment-of-fca-litigants-fund-special-account-2017/important-cases","documents":"/api/acts/pgpa-act-determination-establishment-of-fca-litigants-fund-special-account-2017/documents"}}