{"id":"F2022L01159","name":"PGPA Act Determination (Treasury SOETM Special Account 2022)","slug":"pgpa-act-determination-treasury-soetm-special-account-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441513,"registerId":"F2022L01159-fast-fetch-1775956789676","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Treasury SOETM Special Account 2022)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms](image.001.jpeg)\n\n \n\nPGPA Act Determination (Treasury SOETM Special Account 2022)\n\nI, KATY GALLAGHER, Minister for Finance, make the following determination.\n\nDated 26 August 2022\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 SOETM instrument\n\n11  Additional repeal provisions\n\nPart 1—Establishment\n\n \n\n1  Name\n\n  This instrument is the PGPA Act Determination (Treasury SOETM Special Account 2022).\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 19 September 2022 |  |\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\nDepartment means the Department of the Treasury.\n\nSOETM instrument means the Financial Management and Accountability (Establishment of SOETM Special Account – Treasury) Determination 2012/09.\n\nSOETM special account means the Services for Other Entities and Trust Moneys Special Account – Department of the Treasury established by the SOETM instrument.\n\nthe special account means the Treasury SOETM Special Account 2022 established by this instrument.\n\n5  Establishment of the special account\n\n  For paragraph 78(1)(a) of the Act, the Treasury SOETM Special Account 2022 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\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\n(a)    an amount held on trust, or otherwise on behalf of or for the benefit of a person other than the Commonwealth;\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\n(a)    to disburse an amount held on trust or otherwise for the benefit of a person other than the Commonwealth;\n\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\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\n(d)    to disburse an amount in connection with an agreement between the Commonwealth and another government;\n\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\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.\n\n \n\nPart 3—Transitional, revocation and repeal provisions\n\n \n\n9  Opening balance of the special account\n\n(1)    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.\n\n(2)    The opening balance is equal to the amount standing to the credit of the SOETM special account immediately prior to the commencement of this instrument.\n\n10  Revocation of SOETM instrument\n\n  For subsection 78(3) of the Act, the SOETM instrument is revoked.\n\n11  Additional repeal provisions\n\n(1)    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 SOETM instrument under section 10 (date of repeal).\n\n(2)    For subsection 78(3) of the Act, the following definitions in section 4 are repealed on the date of repeal:\n\n(a)    definition of SOETM instrument;\n\n(b)    definition of SOETM special account.\n\n(3)    Despite subsection 11(1), the effects of Part 3 of this instrument remain in force after the date of repeal.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It is a direct replacement of the 2012 SOETM Special Account determination, updated to operate under the PGPA Act 2013 framework. The purposes and permitted transactions mirror the original intent — managing trust monies and service payments for other entities — without expansion into new policy areas."},"complexity_factors":["Short instrument: 11 sections across 3 parts, approximately 2 pages","Only 4 defined terms in section 4, 2 of which are temporary and self-destruct after transition","Minimal cross-referencing: only references to the PGPA Act 2013 (the parent Act) and the instrument being replaced","Simple conditional logic: only transitional timing provisions (section 11) with automatic repeal mechanics","Straightforward purpose: single administrative function (establishing a bank account with specific in/out rules)","No nested exceptions or complex deeming provisions"],"plain_english_summary":"This instrument creates the \"Treasury SOETM Special Account 2022\" — a new Treasury bank account for trust money and payments for services the government provides to other entities. It affects the Department of the Treasury (which manages the account) and any governments, organisations or individuals with funds held or services provided under it.\n\nIt revokes the old 2012 account and transfers its balance to the new account, completing a machinery-of-government update under the PGPA Act."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument replaces the earlier SOETM instrument, carries over its balance as the opening balance, and sets similar types of credits and debits (sections 9, 10, 7–8). It therefore reorganises and reauthorises the special account rather than expanding or narrowing its stated purposes materially; transitional timing and temporary repeal mechanics are the main substantive changes (sections 2, 11)."},"complexity_factors":["Conditional commencement tied to paragraph 79(5)(a) of the PGPA Act or 19 September 2022 (section 2) creates a timing dependency on external statutory events.","Broad, non‑exclusive categories of credits and debits (trust funds, service receipts, payments from others; and wide-ranging purposes in section 8) give the accountable authority broad operational discretion (sections 7–8).","Opening balance transfer from the previous SOETM special account requires an immediate accounting adjustment on commencement (section 9).","Revocation of the prior SOETM instrument and a short, time‑limited transitional Part with a delayed repeal but continuing effects creates interpretive and administrative sequencing requirements (sections 10–11).","Designation of the Secretary as the accountable authority centralises decision‑making and compliance responsibility (section 6).","The instrument is made under subsections 78(1) and 78(3) of the Act, so its legal effect depends on reading those PGPA Act provisions alongside this instrument (section 3)."],"plain_english_summary":"Creates the Treasury SOETM Special Account 2022, revokes the earlier SOETM instrument and transfers that account’s existing balance into the new account. The Secretary of the Department of the Treasury is the accountable authority.  \n\nThe account may receive trust monies, receipts for services and other payments, and may pay beneficiaries, fund services or joint activities with other entities or governments, make repayments ordered by law, or reduce the account balance without a payment. Commencement is conditional and short transitional repeal rules apply."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-treasury-soetm-special-account-2022","history":"/api/acts/pgpa-act-determination-treasury-soetm-special-account-2022/history","analysis":"/api/acts/pgpa-act-determination-treasury-soetm-special-account-2022/analysis","conflicts":"/api/acts/pgpa-act-determination-treasury-soetm-special-account-2022/conflicts","importantCases":"/api/acts/pgpa-act-determination-treasury-soetm-special-account-2022/important-cases","documents":"/api/acts/pgpa-act-determination-treasury-soetm-special-account-2022/documents"}}