{"id":"F2021L00711","name":"PGPA Act Determination (Industry, Science and Resources SOETM Special Account 2021)","slug":"pgpa-act-determination-industry-science-and-resources-soetm-special-account-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101887,"registerId":"commonwealth-F2021L00711-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 (Industry, Science and Resources 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 Industry, Science and Resources.\n\n> SOETM means Services for Other Entities and Trust Moneys.\n\n> the special account means the Industry, Science and Resources 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 Industry, Science and Resources 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 indicate any deviation from its stated purpose: it establishes the special account, specifies allowable credits and debits, and names the accountable authority (ss 5–8). There is no textual evidence here that the account’s scope extends beyond those functions."},"complexity_factors":["Narrow, focused purpose: instrument only establishes one special account and sets permitted credits and debits (ss 5, 7–8).","Clear accountable authority: Secretary of the Department is named (s 6), concentrating administrative responsibility.","Multiple money sources allowed: trust funds, service receipts, and payments from persons are treated as credits (s 7) — requires tracking different legal statuses of funds.","Range of permissible debits includes non-cash balance reduction (s 8(f)) and court- or law-ordered repayments (s 8(e)), which can create accounting and legal-compliance tasks.","Few procedural or limits detailed: no operational thresholds, time limits, or reporting requirements in the text, leaving implementation detail to the Department and PGPA framework (implies administrative discretion)."],"plain_english_summary":"This instrument creates the Industry, Science and Resources SOETM Special Account 2021 and appoints the Secretary of the Department of Industry, Science and Resources as the accountable authority (ss 5–6). It lets the Department hold trust or service receipts and spend them for specified purposes, including disbursing held trust funds, meeting service or joint‑activity costs, fulfilling intergovernmental agreements, making court- or law-ordered repayments, or reducing the account balance without a real payment (ss 7–8)."},"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":2,"scope_assessment":{"changed":false,"description":"This is a standard, narrow-purpose special account determination. It establishes exactly what it purports to — a specific financial mechanism for holding and disbursing trust and service-related moneys for the Department of Industry, Science and Resources. There is no evidence of scope creep; the instrument remains tightly focused on its original purpose of creating a PGPA Act special account with defined credits and debits."},"complexity_factors":["Only 4 defined terms in the interpretation section","No cross-references to other legislation beyond the parent Act (PGPA Act 2013)","Simple linear structure: establishment, then credits/debits","No nested exceptions or conditional logic — purposes and credits are listed as straightforward bullet points","Short length (8 sections total)","Clear purpose-driven drafting with minimal procedural requirements"],"plain_english_summary":"The legislation creates the Industry, Science and Resources SOETM Special Account 2021, a dedicated account the Department of Industry, Science and Resources (via its Secretary) uses to receive, hold and spend trust funds, payments for services, and contributions from other governments or organisations. \n\nIt affects anyone whose money the Department holds or who pays it for joint activities, providing a legal framework to manage those non‑Commonwealth funds with accountability and transparency."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-industry-science-and-resources-soetm-special-account-2021","history":"/api/acts/pgpa-act-determination-industry-science-and-resources-soetm-special-account-2021/history","analysis":"/api/acts/pgpa-act-determination-industry-science-and-resources-soetm-special-account-2021/analysis","conflicts":"/api/acts/pgpa-act-determination-industry-science-and-resources-soetm-special-account-2021/conflicts","importantCases":"/api/acts/pgpa-act-determination-industry-science-and-resources-soetm-special-account-2021/important-cases","documents":"/api/acts/pgpa-act-determination-industry-science-and-resources-soetm-special-account-2021/documents"}}