{"id":"F2018L00150","name":"PGPA Act Determination (Seafarers Special Account 2018)","slug":"pgpa-act-determination-seafarers-special-account-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439486,"registerId":"F2018L00150-fast-fetch-1775955494960","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Seafarers 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 (Seafarers Special Account 2018)\n\nI, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make the following determination.\n\nDated 23 / 02 / 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\nPart 3—Transitional and Repeal Provisions \n\n9  Opening balance of the special account................................\n\n10  Repeal of SRC Account........................................\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 (Seafarers 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 later of 31 March 2018 or 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 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\nAuthority means the Seafarers Safety, Rehabilitation and Compensation Authority.\n\ndate of repeal means the date on which subclause 11(1) takes effect.\n\nLevy Collection Act means the Seafarers Rehabilitation and Compensation Levy Collection Act 1992.\n\nopening balance means the amount that is required to be credited to the special account in clause 9.\n\nSeafarers Act means the Seafarers Rehabilitation and Compensation Act 1992.\n\nSRC Account means the Seafarers Rehabilitation and Compensation Account.\n\nSRC instrument means the instrument that established the SRC Account, the Financial Management and Accountability (Establishment of Special Account) Determination 2002/06.\n\nthe special account means the Seafarers Special Account 2018.\n\n5  Establishment of the special account\n\n  For subsection 78(1)(a) of the Act, the Seafarers 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 Chairperson of the Authority.\n\n\n \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 collected under the Levy Collection Act;\n\n (b) an amount received in the performance of activities that relate to a purpose in clause 8;\n\n (c) an amount received from any person for a purpose in clause 8; or\n\n (d) 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, the purposes of the special account, in relation to which amounts may be debited from the special account, are:\n\n1.                      making a payment incurred by, or attributable to the Authority that relates to:\n  1.      the Authority’s costs in administering the Levy Collection Act and the special account;\n  2.      the Authority’s costs in administering the Seafarers Act, so far as that administration concerns the Authority in its capacity as an employer under subsection 4(3) of the Seafarers Act;\n  3.      a claim or other amount payable to a person under the Seafarers Act, so far as that amount is payable by the Authority in its capacity as an employer under subsection 4(3) of the Seafarers Act;\n  4.      an insurance premium or indemnity for any amount of the Authority’s liability under the Seafarers Act; or\n\n\n (b) repaying an amount where a court order, Act or other law requires or permits the repayment of an amount received under clause 7.\n\nPart 3—Transitional and Repeal Provisions\n\n \n\n9  Opening balance of the special account\n\n1.               For subsection 78(1)(b) of the Act, the amount in subclause 9(2) (opening balance) is required to be credited to the special account on the commencement date in clause 2.\n2.               The opening balance is equal to the amount standing to the credit of the SRC Account immediately prior to the commencement date in clause 2.\n\n\n10  Repeal of SRC Account\n\n  For subsection 78(3) of the Act, the SRC instrument is repealed.\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 repeal of the SRC instrument in clause 10 (date of repeal).\n2.               For subsection 78(3) of the Act, the following definitions in clause 4 are repealed on the date of repeal:\n\n\n1.                      definition of date of repeal;\n2.                      definition of opening balance;\n3.                      definition of SRC Account;\n4.                      definition of SRC instrument.\n\n\n (3) Despite subclause 11(1), the effects of Part 3 of this instrument remain in force after the date of repeal.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The instrument replaces the prior Seafarers Rehabilitation and Compensation (SRC) Account by establishing the Seafarers Special Account 2018, transferring the SRC Account balance as the opening balance, and repealing the earlier SRC instrument (clauses 9–10). Part 3 contains transitional provisions that are themselves repealed shortly after the SRC instrument repeal but preserve their effects (clause 11)."},"complexity_factors":["Direct cross‑references to the PGPA Act (subsections 78(1) and 78(3)) create dependence on external statutory rules (clauses 3,5–8).","Transfer of an opening balance from the prior SRC Account and repeal of the prior instrument requires coordination with legacy financial records (clause 9–10).","Temporal repeal mechanics: Part 3 is itself repealed seven days after the SRC instrument repeal but its effects are preserved, adding a short transitional timing issue (clause 11(1)–(3)).","Multiple revenue and expenditure streams are permitted (levy collections, receipts for related activities, payments from third parties, parliamentary appropriations), which requires accounting controls to segregate sources and purposes (clause 7–8).","Accountable authority specified as the Chairperson concentrates administrative decision‑making and reporting obligations in a single office (clause 6).","Definitions and conditional commencement tied to a provision of the Act (paragraph 79(5)(a)) mean practical start date depends on external events (clause 2, clause 4 definitions).","Operational detail is high‑level: allowed debits include reimbursement of the Authority’s administration costs and employer liabilities under the Seafarers Act, which leaves exercise of payment discretion and cost recovery to the Authority’s processes (clause 8)."],"plain_english_summary":"This instrument creates the Seafarers Special Account 2018, names the Chairperson of the Seafarers Safety, Rehabilitation and Compensation Authority as the accountable authority, and sets what money may be credited (seafarers levy, related receipts, payments, appropriations) and what it may pay (administration costs, employer liabilities and claims, insurance/indemnity, and repayments). It transfers the balance of the former SRC Account into the new account and repeals the prior SRC instrument.\n\nIt affects the Authority (which administers the levy and pays claims), persons who pay the Seafarers levy under the Levy Collection Act, and claimants under the Seafarers Rehabilitation and Compensation Act."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straight re-establishment of an existing special account under new enabling legislation. The scope remains identical to the original SRC Account — same purposes (administering seafarer compensation), same funding sources (levies and appropriations), same responsible authority. No expansion of function or beneficiaries."},"complexity_factors":["Short instrument: only 11 clauses across 3 Parts","Minimal defined terms: 7 definitions in clause 4, with 4 of those definitions scheduled for automatic repeal","Simple conditional logic: only one timing condition (commencement triggered by later of two dates) and one self-repealing mechanism","Limited cross-referencing: references to the PGPA Act, Seafarers Act, and Levy Collection Act are straightforward and contextual","Clear purpose structure: credits and debits are explicitly listed without nested exceptions","Transitional provisions are mechanical rather than substantive (transferring balance, repealing old instrument, then cleaning up definitions)"],"plain_english_summary":"This instrument creates the Seafarers Special Account 2018, replacing the previous seafarers account to bring its finances under the Public Governance, Performance and Accountability Act 2013. It centralises funds used to pay seafarers’ compensation and insurance, funded by maritime employer levies and appropriations.\n\nIt mainly affects the Seafarers Safety, Rehabilitation and Compensation Authority (which administers the account), seafarers who receive payments, and employers who pay levies, and ensures a clean legal and financial transition from the old account."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-seafarers-special-account-2018","history":"/api/acts/pgpa-act-determination-seafarers-special-account-2018/history","analysis":"/api/acts/pgpa-act-determination-seafarers-special-account-2018/analysis","conflicts":"/api/acts/pgpa-act-determination-seafarers-special-account-2018/conflicts","importantCases":"/api/acts/pgpa-act-determination-seafarers-special-account-2018/important-cases","documents":"/api/acts/pgpa-act-determination-seafarers-special-account-2018/documents"}}