{"id":"F2017L00252","name":"PGPA Act Determination (Establishment of Overseas Property Special Account 2017)","slug":"pgpa-act-determination-establishment-of-overseas-property-special-account-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439140,"registerId":"F2017L00252-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 Overseas 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 Overseas 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 Overseas 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 (Special Accounts) Determination 2002/01, as in force immediately before the commencement of this section.\n\nformer special account means the Overseas Property Special Account established by section 2 of the former determination.\n\nOfficial Public Account means the Commonwealth’s central bank account.\n\nthe special account means the Overseas 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 Overseas 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 acquire, lease, construct, manage, operate, repair, maintain, divest, finance, identify or advise on, and undertake any other activities in relation to, the real property of the Commonwealth outside Australia;\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 4(1):\n\n \n\n(f) credit amounts to the Overseas 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 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 Secretary of the Department of Foreign Affairs and Trade.\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 predecessor (the 2002 determination). It is a straightforward re-establishment of an existing special account with updated legislative references and transitional arrangements to ensure continuity. The purposes remain focused on overseas property management without expansion into new policy areas."},"complexity_factors":["Short length (10 sections across 4 Parts)","Only 4 defined terms in the interpretation section","Minimal cross-referencing (primarily to sections 78 and 79 of the PGPA Act)","Simple conditional logic limited to transitional provisions (section 9)","Straightforward purpose structure with clear debit/credit rules","No nested exceptions or complex definitional chains"],"plain_english_summary":"This law creates the Overseas Property Special Account 2017, a dedicated PGPA Act account managed by DFAT and the Secretary to receive payments related to Australia’s overseas property operations and to fund buying, leasing, maintaining, selling and managing diplomatic properties abroad. It replaces the 2002 account and provides transitional rules so leftover funds transfer into the new account."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The determination re‑establishes the Overseas Property Special Account within the PGPA Act framework, preserves the former account's funds and purposes related to Commonwealth real property overseas, and designates DFAT's Secretary as accountable authority. It therefore carries forward the prior scope and functions rather than expanding or narrowing them materially; changes are primarily procedural (establishment, transfer and governance under PGPA)."},"complexity_factors":["Relies on and cross‑references the PGPA Act and an earlier Financial Management and Accountability determination, creating dependence on external legislative interpretation (ss 3–4, 8).","Broad and non‑exhaustive list of permissible debit purposes (acquire, lease, construct, manage, finance, divest, advise, repair, maintain, etc.) increases interpretive scope for officials (s 7(a)).","Wide permitted sources of credit (amounts received in the course of related functions; amounts from any person) affects revenue classification and accounting treatment (s 6).","Provision to remit amounts to the Official Public Account 'as agreed' between the Finance Minister and the responsible minister introduces inter‑ministerial discretion and coordination requirements (s 7(d)).","Transitional mechanism permitting transfer of balances from the former special account adds administrative transfer steps and potential timing issues (ss 8–9).","Designation of a single accountable authority (Secretary, DFAT) centralises decision‑making but requires DFAT to manage compliance and reporting obligations under PGPA (s 10).","Limited procedural constraints or explicit appropriation caps in the instrument mean substantive financial limits and controls are supplied by the PGPA Act and other rules rather than by this determination (overall structure)."],"plain_english_summary":"This determination creates the Overseas Property Special Account 2017 under the PGPA Act to hold money received for, or in relation to, Commonwealth real property outside Australia and to pay for acquiring, managing, repairing, financing, divesting and related administration of that property (secs 5–7). Funds may be receipts from property functions or payments from any person; the Secretary of the Department of Foreign Affairs and Trade is the accountable authority (s10). It also allows transfer of any balance from the former special account and remittance to the Official Public Account by ministerial agreement (ss 8–9; 7(d))."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-establishment-of-overseas-property-special-account-2017","history":"/api/acts/pgpa-act-determination-establishment-of-overseas-property-special-account-2017/history","analysis":"/api/acts/pgpa-act-determination-establishment-of-overseas-property-special-account-2017/analysis","conflicts":"/api/acts/pgpa-act-determination-establishment-of-overseas-property-special-account-2017/conflicts","importantCases":"/api/acts/pgpa-act-determination-establishment-of-overseas-property-special-account-2017/important-cases","documents":"/api/acts/pgpa-act-determination-establishment-of-overseas-property-special-account-2017/documents"}}