{"id":"F2024L01452","name":"PGPA Act Determination (Property Special Account 2024)","slug":"pgpa-act-determination-property-special-account-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442637,"registerId":"F2024L01452-fast-fetch-1775957596641","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Property Special Account 2024)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nPGPA Act Determination (Property Special Account 2024)\n\nI, KATY GALLAGHER, Minister for Finance, make the following determination.\n\nDated       13      /    11      / 2024\n\nKATY GALLAGHER\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\nPart 3—Transitional, revocation and repeal provisions\n\n9  Opening balance of the special account\n\n10  Revocation of Property instrument\n\n11  Additional repeal provisions\n\n \n\nPart 1—Establishment\n\n \n\n1  Name\n\n  This instrument is the PGPA Act Determination (Property Special Account 2024).\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 later of the day mentioned in paragraph 79(5)(a) of the Act or<br>11 December 2024. |  |\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 Act.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Public Governance, Performance and Accountability Act 2013.\n\nProperty instrument means the PGPA Act (Property Special Account 2014 - Establishment) Determination 04.\n\nProperty special account 2014 means the Property Special Account 2014 established by the Property instrument.\n\nreal property includes leasehold interests and any other estate or interest in relation to land, and extends to any innominate or anomalous interest or right exercisable with respect to land or the fixtures on it.\n\nthe Department means the Department of Finance.\n\nthe special account means the Property Special Account 2024 established by this instrument.\n\n5  Establishment of the special account\n\n  For paragraph 78(1)(a) of the Act, the Property Special Account 2024 is established as a special account.\n\n6  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.\n\nPart 2—Special account credits and debits\n\n \n\n7  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\n1.       amounts received in the course of the performance of functions that relate to the purposes of the special account; and\n2.       amounts received from any person for the purposes of the special account.\n\n\n8  Purposes of the special account\n\nFor 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\n1.     acquiring, leasing, constructing, managing, operating, repairing, maintaining, divesting, financing, identifying, advising on, and undertaking any other activities in relation to the real property of the Commonwealth;\n2.       to reduce the balance of the special account (and, therefore, the available appropriation) without making a real or notional payment; and\n3.     to repay amounts where a court order, Act or other law requires or permits the repayment of an amount received.\n\n\n \n\nPart 3—Transitional, revocation and repeal provisions\n\n \n\n9  Opening balance of the special account\n\n1.     For paragraph 78(1)(b) of the Act, the amount in subsection 9(2) (opening balance) is required to be credited to the special account immediately after its establishment.\n2.     The opening balance is equal to the amount standing to the credit of the Property special account 2014 immediately prior to the commencement of this instrument.\n\n\n10  Revocation of Property instrument\n\n  For subsection 78(3) of the Act, the Property instrument is revoked.\n\n11  Additional repeal provisions\n\n1.     For subsection 78(3) of the Act, Part 3 of this instrument is repealed at the end of the seventh day after the revocation of the Property instrument under section 10 (date of repeal).\n2.     For subsection 78(3) of the Act, the following definitions in section 4 are repealed on the date of repeal:\n\n\n1.     definition of Property instrument;\n2.     definition of Property special account 2014.\n\n\n1.     Despite subsection 11(1), the effects of Part 3 of this instrument remain in force after the date of repeal.\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument replaces the 2014 Property special account instrument and carries across its funds as the opening balance (s9–10). It does not materially broaden or narrow the listed purposes for spending on Commonwealth real property; it mainly continues and reconsolidates the existing account structure while adding a specific accounting mechanism to reduce the balance without a real payment (s8(2))."},"complexity_factors":["Straightforward establishment and delegation of accountability to the Department Secretary (s5–6)","Clear income and expenditure rules but with an accounting mechanism to reduce the balance without a cash payment (s7(1) and s8(2))","Transitional transfer of opening balance from the 2014 account (s9) and formal revocation of the prior instrument (s10)","Timed repeal of transitional provisions while preserving their effects adds a minor procedural layer (s11)","Broad definition of \"real property\" widening the scope of covered interests (s4)"],"plain_english_summary":"This determination creates the Property Special Account 2024, managed by the Secretary of the Department of Finance. It revokes the 2014 property account instrument and transfers that account’s balance as the opening balance. \n\nThe account is funded by receipts from functions related to its purposes and payments received for the account. Money may be spent on acquiring, leasing, managing, repairing, financing, divesting and related activities for Commonwealth real property, used to reduce the account balance without a real payment, or repaid when required by court or law."},"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 (Property Special Account 2014). It is a straightforward re-establishment with updated commencement dates and transitional arrangements. The purposes remain identical: managing Commonwealth real property transactions. No expansion of functions or entities covered."},"complexity_factors":["Short instrument: 11 sections across 3 parts, approximately 2 pages","Minimal defined terms: only 6 definitions in section 4, including technical property law terms ('innominate or anomalous interest')","Straightforward structure: establishment, credits/debits, transitional provisions","Limited cross-referencing: primarily references to section 78 of the PGPA Act (the enabling provision)","Simple transitional logic: balance transfer from old account to new, with self-executing repeal of transitional provisions after 7 days","No nested exceptions or conditional hierarchies"],"plain_english_summary":"This creates the Property Special Account 2024 under the PGPA Act — a Finance‑Secretary‑managed bank account to receive property‑related receipts and fund acquisition, leasing, construction, maintenance, disposal and related repayments for Commonwealth buildings and land. \n\nIt replaces the 2014 account and affects the Department of Finance, other agencies and anyone paying or dealing with Commonwealth property, providing legal continuity for managing the government’s real estate finances."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-property-special-account-2024","history":"/api/acts/pgpa-act-determination-property-special-account-2024/history","analysis":"/api/acts/pgpa-act-determination-property-special-account-2024/analysis","conflicts":"/api/acts/pgpa-act-determination-property-special-account-2024/conflicts","importantCases":"/api/acts/pgpa-act-determination-property-special-account-2024/important-cases","documents":"/api/acts/pgpa-act-determination-property-special-account-2024/documents"}}