{"id":"F2017L00249","name":"PGPA Act Determination (Establishment of Intellectual Property Special Account 2017)","slug":"pgpa-act-determination-establishment-of-intellectual-property-special-account-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439141,"registerId":"F2017L00249-fast-fetch-1775955262984","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Establishment of Intellectual Property 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 Intellectual Property 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 Intellectual Property 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 2006/66 — Intellectual Property Special Account Establishment 2006, as in force immediately before the commencement of this section.\n\nformer special account means the Intellectual Property 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 Intellectual Property 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 Intellectual Property 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) to develop and administer intellectual and industrial property systems, including the provision of property rights in inventions, trademarks, designs and plant breeders’ rights;\n\n (b) to repay to an original payer amounts credited to the special account or to the former special account, after any necessary payments made for the purposes mentioned in paragraph (a);\n\n (c) to carry out activities that are incidental to a purpose mentioned in paragraph (a) including, but not limited to:\n\n (i) the administration of the special account; and\n\n (ii) dealing with direct and indirect costs;\n\n (d) to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment, including to give effect to the remittance of amounts to the Official Public Account as agreed between the Finance Minister and the responsible minister;\n\n (e) to repay amounts where an Act or other law requires or permits the repayment of an amount received.\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 subsection 5(1):\n\n \n\n(e) to credit amounts to the Intellectual Property 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 Director General of IP Australia.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument replaces the former special account with a new named account while preserving the same types of receipts and authorised purposes (s7) and allowing transfer of any existing balance from the former special account (ss 8–9). It also specifies the accountable authority (s10). The measure does not expand the listed purposes beyond those set out in section 7."},"complexity_factors":["Direct statutory cross‑references to the PGPA Act (subsections 78(1), 78(3) and paragraph 79(5)(a)) introduce dependence on external rules and timing.","Transitional linkage to a prior instrument and permitted transfer of its balance (ss 8–9) requires administrative coordination.","Narrowly prescribed credit and debit rules: credits limited to receipts from functions and payments (s6); debits limited to defined IP purposes, repayments and administration (s7).","Remittance mechanism to the Official Public Account requires ministerial agreement (s7(d)), creating an inter‑ministerial decision point.","Clear designation of the accountable authority (Director General of IP Australia) centralises operational responsibility (s10).","Low regulatory/compliance burden confined mainly to bookkeeping, transfers and account administration rather than broad regulatory obligations."],"plain_english_summary":"Creates the Intellectual Property Special Account 2017 to hold receipts from IP-related services or payments and to fund IP rights administration, repayments, account administration and related costs; it may remit funds to the Official Public Account (ss 5–7,10).\n\nReceipts are paid by users or other payers (s6); existing balances may move from the former special account (ss 8–9). Remittance to the central account requires agreement between the Finance Minister and the responsible minister (s7(d))."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains the same scope as its predecessor. It is a direct replacement of the 2006 Intellectual Property Special Account with updated legislative machinery. The purposes remain focused on intellectual property administration, and the transitional provisions ensure continuity without expanding the scope beyond the original intent of managing IP-related funds."},"complexity_factors":["Short instrument: only 10 sections across 4 Parts","Minimal defined terms: only 5 definitions in section 4 (Act, former determination, former special account, Official Public Account, the special account)","No nested exceptions or complex conditional logic","Straightforward purpose provisions with clear, enumerated lists","Single cross-reference to parent Act (PGPA Act 2013) for authority","Simple transitional provision transferring balances from old account to new"],"plain_english_summary":"This creates the \"Intellectual Property Special Account 2017\" — a dedicated PGPA special account managed by IP Australia to receive IP-related fees and other receipts and to fund the operation and development of Australia's patent, trademark, design and plant breeder rights systems. \n\nIt replaces the 2006 account and allows remaining balances to be transferred to maintain continuity in funding and administration."},"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-establishment-of-intellectual-property-special-account-2017","history":"/api/acts/pgpa-act-determination-establishment-of-intellectual-property-special-account-2017/history","analysis":"/api/acts/pgpa-act-determination-establishment-of-intellectual-property-special-account-2017/analysis","conflicts":"/api/acts/pgpa-act-determination-establishment-of-intellectual-property-special-account-2017/conflicts","importantCases":"/api/acts/pgpa-act-determination-establishment-of-intellectual-property-special-account-2017/important-cases","documents":"/api/acts/pgpa-act-determination-establishment-of-intellectual-property-special-account-2017/documents"}}