{"id":"F2020L00681","name":"PGPA Act Determination (Services Australia SOETM Special Account 2020)","slug":"pgpa-act-determination-services-australia-soetm-special-account-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440497,"registerId":"F2020L00681-fast-fetch-1775956105823","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Services Australia SOETM Special Account 2020)","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 (Services Australia SOETM Special Account 2020)\n\nI, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make the following determination.\n\nDated 9 June 2020\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 SOETM 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 (Services Australia SOETM Special Account 2020).\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 30 June 2020, 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\nDHS SOETM special account means the Services for Other Entities and Trust Moneys – Department of Human Services Special Account established by the DHS SOETM determination.\n\nDHS SOETM determination means the Financial Management and Accountability (Establishment of Special Account for Department of Human Services) Determination 2011/13.\n\nSOETM means Services for Other Entities and Trust Moneys.\n\nthe special account means the Services Australia SOETM Special Account 2020 established by this instrument.\n\n \n\n \n\n5  Establishment of the special account\n\n  For paragraph 78(1)(a) of the Act, the Services Australia SOETM Special Account 2020 is established as a special account (the 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 Chief Executive Officer of Services Australia.\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 paragraph 78(1)(b) of the Act, the following amounts may be credited to the special account:\n\n1.                      an amount to be held on trust, or otherwise on behalf of or for the benefit of a person other than the Commonwealth;\n\n\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\n (c) an amount received from any person for one or more purposes of the special account.\n\n8  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\n1.                      to disburse an amount held on trust or otherwise for the benefit of a person other than the Commonwealth;\n2.                      to disburse an amount in connection with services performed for or on behalf of other governments and bodies, including Commonwealth entities;\n3.                      to disburse an amount in connection with joint activities performed for, on behalf of, or together with, another Commonwealth entity, Commonwealth company, another government, organisation or person;\n4.                      to disburse an amount in connection with an agreement between the Commonwealth and another government;\n5.                      to repay an amount where a court order, Act or other law requires or permits the repayment of an amount received; and \n6.    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\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 DHS SOETM special account immediately prior to the commencement of this instrument.\n\n\n10  Revocation of DHS SOETM determination\n\n  For subsection 78(3) of the Act, the DHS SOETM determination 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 DHS SOETM determination 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 DHS SOETM determination;\n2.                      definition of DHS SOETM special account.\n\n\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_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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This legislation maintains the same scope as its predecessor. It is a direct replacement of the 2011 DHS special account determination, transferring identical functions to Services Australia following the machinery-of-government change where DHS was renamed Services Australia. The purposes, credit/debit rules, and operational framework remain substantively unchanged."},"complexity_factors":["Short length (11 sections across 3 Parts)","Minimal defined terms (only 5 definitions in section 4)","Straightforward purpose — primarily administrative machinery to transfer an existing special account from a defunct department to its successor","Limited cross-referencing — mainly references to the PGPA Act 2013 and the old DHS determination being replaced","Simple conditional logic — only notable complexity is the staged repeal mechanism in Part 3 (self-repealing provisions after 7 days)","No nested exceptions or highly conditional operative provisions"],"plain_english_summary":"This instrument replaces the old Department of Human Services special account with a new \"Services Australia SOETM Special Account 2020,\" transferring the money and responsibility to Services Australia. It centralises funds held in trust and payments for services performed for other entities following a machinery-of-government change.\n\nIt matters to Services Australia and anyone with government-held trust moneys, and includes a short-lived transitional repeal to tidy up the transfer."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Mechanically, the instrument replaces the Financial Management and Accountability (DHS SOETM) Determination by establishing an equivalent Services Australia SOETM special account, transferring the opening balance from the DHS account (section 9), and revoking the prior DHS instrument (section 10). The stated credits (section 7) and debit purposes (section 8) align with the prior SOETM function, so the substantive scope of activities and types of funds handled is maintained, though responsibility shifts to the Services Australia CEO (section 6) and some transitional definitions are time‑limited (section 11)."},"complexity_factors":["Cross-reference to the PGPA Act (subsections 78(1) and 78(3)) and an external commencement trigger (paragraph 79(5)(a)) creates dependency on other statutory timing (see sections 2 and 3).","Transitional accounting requirement to transfer the opening balance from the DHS SOETM account (operational bookkeeping and appropriation effects) (section 9).","Revocation of the prior DHS SOETM determination and staged repeal of Part 3 and related definitions introduces temporal complexity for when certain references cease (sections 10–11).","Broad, non‑exhaustive purposes for debits (including disbursement on behalf of others and non‑cash balance reduction) can complicate appropriation and audit treatment (section 8, especially paragraph 8(6)).","Designation of the Services Australia CEO as the accountable authority centralises decision‑making and operational discretion over receipts and disbursements (section 6).","Definitions that rely on the revoked DHS instrument require careful interpretation during the transitional period (section 4 and section 11)."],"plain_english_summary":"This determination establishes the \"Services Australia SOETM Special Account 2020\", transfers the existing DHS SOETM balance into it, and names the Chief Executive Officer of Services Australia as the accountable authority. The account may receive trust moneys and receipts for services and may be used to disburse funds for services to other governments or entities, joint activities, repayments required by law, or to reduce the account balance without a real cash payment."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-services-australia-soetm-special-account-2020","history":"/api/acts/pgpa-act-determination-services-australia-soetm-special-account-2020/history","analysis":"/api/acts/pgpa-act-determination-services-australia-soetm-special-account-2020/analysis","conflicts":"/api/acts/pgpa-act-determination-services-australia-soetm-special-account-2020/conflicts","importantCases":"/api/acts/pgpa-act-determination-services-australia-soetm-special-account-2020/important-cases","documents":"/api/acts/pgpa-act-determination-services-australia-soetm-special-account-2020/documents"}}