{"id":"F2018L00589","name":"PGPA Act Determination (Home Affairs SOETM Special Account 2018)","slug":"pgpa-act-determination-home-affairs-soetm-special-account-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439621,"registerId":"F2018L00589-fast-fetch-1775955576540","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Home Affairs SOETM Special Account 2018)","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 (Home Affairs SOETM Special Account 2018)\n\nI, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make the following determination.\n\nDated  02 / 05 / 2018\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 (Home Affairs SOETM Special Account 2018).\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. |  |\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 Act.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Public Governance, Performance and Accountability Act 2013.\n\nHome Affairs means the Department of Home Affairs.\n\nSOETM means Services for Other Entities and Trust Moneys\n\nthe special account means the Home Affairs SOETM Special Account 2018.\n\n5  Establishment of the special account\n\n  For subsection 78(1)(a) of the Act, the Home Affairs SOETM Special Account 2018 is established as a special account (the special account).\n\n6  Accountable authority responsible for the special account\n\n  For subsection 78(1)(d) of the Act, the accountable authority responsible for the special account is the Secretary of Home Affairs.\n\nPart 2—Special account credits and debits\n\n \n\n7  Amounts that may be credited to the special account\n\n  For subsection 78(1)(b) of the Act, amounts up to and equal to the following may be credited to the special account:\n\n (a) an amount that is seized, found or otherwise comes under the control of the Home Affairs in accordance with an Act or other law;\n\n (b) an amount forfeited to the Commonwealth as a result of a court order;\n\n (c) an amount received from another Commonwealth entity, Commonwealth company, government, organisation or person, in order to carry out joint activities;\n\n (d) an amount received in the course of the performance of functions that relates to a purpose of the special account in clause 8;\n\n (e) an amount received from any person for a purpose of the special account in clause 8;\n\n (f) an amount appropriated by the Australian Parliament in relation to a purpose in clause 8.\n\n8  Purposes of the special account\n\n  For subsection 78(1)(c) of the Act, an amount may be debited from the special account for one of the following purposes:\n\n (a) to disburse an amount held on trust or otherwise for the benefit of a person other than the Commonwealth;\n\n (b) to disburse an amount in connection with joint activities performed on behalf of another Commonwealth entity, Commonwealth company, government, organisation or person;\n\n (c) to disburse an amount in connection with an agreement between the Commonwealth and another government;\n\n (d) to repay an amount where an Act, other law, or court order requires or permits the repayment of an amount credited to the special account;\n\n (e) to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment.\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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument establishes and defines a new special account and its permitted credits and debits; it does not amend or narrow other legislation or state a change from any prior instrument. See establishment (s5), accountable authority (s6), credits (s7) and purposes (s8)."},"complexity_factors":["Straightforward statutory creation of a special account with clear headings (establishment, credits, debits) — s5, Part 2.","Multiple, well-defined sources of credits (seized/controlled amounts; forfeitures; inter‑entity or third‑party contributions; receipts from functions; appropriations) requiring different legal bases and provenance checks — s7(a)–(f).","Range of permitted debits covers trust disbursements, joint activities, international agreements, repayments and a technical balance-reduction mechanism — s8(a)–(e); the last item raises accounting/interpretation work for finance teams.","Designates the Secretary of Home Affairs as the accountable authority, concentrating administrative decision-making and compliance obligations within the department — s6.","Relies on cross-references to the PGPA Act (subsection 78(1)) and on external laws for seizure/forfeiture and repayment obligations, creating dependency on other legislation and court orders for some transactions — s3; s7(a), s7(b), s8(d).","Commencement is linked to paragraph 79(5)(a) of the Act, so timing depends on that external provision rather than being self-contained — s2(1).","Operational requirements (record‑keeping, inter‑entity agreements, trust accounting) are implied by the variety of credit/debit sources and by joint activity and trust disbursement purposes — s7(c), s8(a)–(b)."],"plain_english_summary":"Creates the Home Affairs SOETM Special Account to hold and manage money the Department of Home Affairs receives — for example seized or forfeited funds, appropriations, and contributions from others — and to make authorised disbursements. The Secretary of Home Affairs is the accountable authority; the instrument lists what can be credited to and debited from the account so those funds can be paid out for trust purposes, joint activities, repayments or to reduce the account balance."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains a narrow, specific scope consistent with its purpose: establishing a single special account for the Department of Home Affairs to manage trust monies and funds for joint activities. There is no evidence of scope creep; the instrument is tightly focused on its original intent of creating the SOETM Special Account with defined credits and debits."},"complexity_factors":["Short instrument with only 8 clauses across 2 Parts","Only 4 defined terms in the interpretation section (section 4)","Minimal cross-referencing—primarily references to section 78 of the PGPA Act","Straightforward conditional logic with simple lists in sections 7 and 8","No nested exceptions or complex temporal provisions","Single accountable authority designated without alternative arrangements"],"plain_english_summary":"The legislation creates the Home Affairs SOETM Special Account 2018: a dedicated Department of Home Affairs account for money the department holds or controls on behalf of others. The Home Affairs Secretary is legally responsible for managing receipts (e.g., seized or forfeited funds, partner contributions, appropriations) and payments (e.g., trust returns, joint activity funding, legal orders). The account keeps third‑party and partnership funds separate from general government revenue to protect intended uses and improve transparency."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-home-affairs-soetm-special-account-2018","history":"/api/acts/pgpa-act-determination-home-affairs-soetm-special-account-2018/history","analysis":"/api/acts/pgpa-act-determination-home-affairs-soetm-special-account-2018/analysis","conflicts":"/api/acts/pgpa-act-determination-home-affairs-soetm-special-account-2018/conflicts","importantCases":"/api/acts/pgpa-act-determination-home-affairs-soetm-special-account-2018/important-cases","documents":"/api/acts/pgpa-act-determination-home-affairs-soetm-special-account-2018/documents"}}