{"id":"F2018L00590","name":"PGPA Act Determination (POCA Programs Special Account 2018)","slug":"pgpa-act-determination-poca-programs-special-account-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100033,"registerId":"commonwealth-F2018L00590-current","compilationNumber":null,"startDate":"2026-04-02","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 (POCA Programs Special Account 2018).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 78(1) 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> Confiscated Assets Account means the special account established in section 295 of the POCA.\n\n> Department means the Department of Home Affairs.\n\n> Minister means the Minister responsible for administering section 298 of the POCA.\n\n> POCA means the Proceeds of Crime Act 2002.\n\n> program means a program for the expenditure of money from the Confiscated Assets Account to carry out a purpose listed in subsection 298(2) of the POCA.\n\n> the special account means the POCA Programs Special Account 2018.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Establishment of the special account","content":"#### 5 Establishment of the special account\n\n  For subsection 78(1)(a) of the Act, the POCA Programs Special Account 2018 is established as a special account (the 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 subsection 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 subsection 78(1)(b) of the Act, amounts up to and equal to the following may be credited to the special account:\n    (a) an amount received from the Confiscated Assets Account for the purpose of making payments under a program approved by the Minister under section 298 of the POCA;\n    (b) an amount received in the course of the performance of functions that relates to a purpose of the special account in clause 8.\n    .","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Purposes of the special account","content":"#### 8 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    (a) to make payments under a program approved by the Minister under section 298 of the POCA;\n    (b) to repay an amount where an Act, other law, or court order requires or permits the repayment of an amount;\n    (c) 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":3,"scope_assessment":{"changed":false,"description":"This instrument establishes a dedicated special account for funding programs approved under POCA s298 and confines credits and debits to transfers from the Confiscated Assets Account, related receipts, required repayments, and balance reductions (see ss 5, 7, 8). The text does not itself expand or narrow the statutory purposes in POCA s298 or otherwise alter who may benefit; it implements a financial vehicle consistent with those provisions."},"complexity_factors":["Narrow, single-purpose instrument: establishes one special account with limited credit/debit rules (see ss 5, 7, 8).","Relies on cross‑references to two statutes — the PGPA Act (authority for special accounts) and POCA s298 (which defines eligible programs) — requiring readers to consult external provisions (see ss 3, 4 definitions).","Assigns clear administrative responsibility to the Secretary of the Department of Home Affairs (accountable authority) creating straightforward governance and reporting obligations (see s 6).","Permits Minister approval of programs under POCA s298, introducing executive decision‑making that determines what payments are authorised (see definition of program and s 7(a), s 8(a)).","Allows repayments mandated by other law or court order and discretionary balance reductions, which introduce legal triggers and minor accounting discretion (see s 8(b)–(c)).","Does not set detailed procedural or eligibility rules for programs or payments, reducing statutory complexity but shifting operational detail to departmental practice and the referenced POCA provisions."],"plain_english_summary":"Creates the POCA Programs Special Account 2018 to receive funds from the Confiscated Assets Account and related receipts, and to finance programs approved under section 298 of the Proceeds of Crime Act. It appoints the Secretary of the Department of Home Affairs as the accountable authority and authorises credits (transfers and program-related receipts) and debits (Minister‑approved program payments, required repayments, and balance reductions). This formalises how confiscated‑asset program funds are held, appropriated and spent."},"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 legislation serves its original narrow purpose: establishing a specific special account to manage the flow of confiscated assets to approved programs. It has not expanded beyond this straightforward administrative function."},"complexity_factors":["Only 6 defined terms in the interpretation section","No nested exceptions or conditional logic","Straightforward two-part structure (establishment, then credits/debits)","Minimal cross-referencing (only references to the parent Act and POCA for context)","Single accountable authority with clear responsibilities","Purposes are listed exhaustively in one clause with no sub-conditions"],"plain_english_summary":"This creates the POCA Programs Special Account 2018 — a dedicated government bank account to hold and direct money taken from criminals into approved crime prevention, drug treatment and law‑enforcement programs. Managed by the Secretary of the Department of Home Affairs and subject to Ministerial approval, it provides a legal, accountable pathway to spend confiscated assets on community safety rather than general revenue."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-poca-programs-special-account-2018","history":"/api/acts/pgpa-act-determination-poca-programs-special-account-2018/history","analysis":"/api/acts/pgpa-act-determination-poca-programs-special-account-2018/analysis","conflicts":"/api/acts/pgpa-act-determination-poca-programs-special-account-2018/conflicts","importantCases":"/api/acts/pgpa-act-determination-poca-programs-special-account-2018/important-cases","documents":"/api/acts/pgpa-act-determination-poca-programs-special-account-2018/documents"}}