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Commonwealth legislation
This instrument sets up the AGS Client Funds Special Account 2025 under the PGPA Act to hold money AGS lawyers receive on behalf of clients or from other persons, and to hold investment proceeds of those funds (ss5–7). The Secretary of the Attorney‑General’s Department is the accountable authority (s6). Money may be paid to clients, invested or paid/invested on client instruction, paid where a court or law requires it, or used to reduce the account balance without an actual payment (s8).
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Direct links to the current provisions in PGPA Act Determination (AGS Client Funds Special Account 2025).
This instrument is the PGPA Act Determination (AGS Client Funds Special Account 2025).
This instrument is made under subsections 78(1) and 78(3) of the PGPA Act.
In this instrument:
AGS lawyer has the meaning given by section 55I of the Judiciary Act 1903.
PGPA Act means the Public Governance, Performance and Accountability Act 2013.
the special account means the AGS Client Funds Special Account 2025 established by this instrument.
For paragraph 78(1)(a) of the PGPA Act, the AGS Client Funds Special Account 2025 is established as a special account.
For paragraph 78(1)(d) of the PGPA Act, the accountable authority responsible for the special account is the Secretary of the Attorney-General’s Department.
(1) For paragraph 78(1)(b) of the PGPA Act, the following amounts may be credited to the special account: (a) amounts received that are to be held on behalf of a client or any other person in relation to services provided by AGS lawyers; and (b) amounts received from any person for the purposes of the special account. (2) For paragraph 78(1)(b) of the PGPA Act, the following amounts must be credited to the special account: (a) the proceeds of amounts invested from amounts standing to the credit of the special account.
For paragraph 78(1)(c) of the PGPA Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are: (a) to pay amounts to a client, to the extent amounts are held on behalf of that client; (b) to pay amounts to a client, to the extent that the amounts represent interest earned on amounts held on behalf of that client; (c) to pay amounts in accordance with instructions from a client, to the extent that the amounts are held on behalf of that client; (d) to invest amounts in accordance with instructions from a client, to the extent that the amounts are held on behalf of that client; (e) to pay amounts where a court order, an Act or other law requires or permits the payment of an amount received; and (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.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the PGPA Act Determination (AGS Client Funds Special Account 2025).
This instrument is made under subsections 78(1) and 78(3) of the PGPA Act.
In this instrument:
AGS lawyer has the meaning given by section 55I of the Judiciary Act 1903.
PGPA Act means the Public Governance, Performance and Accountability Act 2013.
the special account means the AGS Client Funds Special Account 2025 established by this instrument.
For paragraph 78(1)(a) of the PGPA Act, the AGS Client Funds Special Account 2025 is established as a special account.
For paragraph 78(1)(d) of the PGPA Act, the accountable authority responsible for the special account is the Secretary of the Attorney-General’s Department.
(1) For paragraph 78(1)(b) of the PGPA Act, the following amounts may be credited to the special account: (a) amounts received that are to be held on behalf of a client or any other person in relation to services provided by AGS lawyers; and (b) amounts received from any person for the purposes of the special account. (2) For paragraph 78(1)(b) of the PGPA Act, the following amounts must be credited to the special account: (a) the proceeds of amounts invested from amounts standing to the credit of the special account.
For paragraph 78(1)(c) of the PGPA Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are: (a) to pay amounts to a client, to the extent amounts are held on behalf of that client; (b) to pay amounts to a client, to the extent that the amounts represent interest earned on amounts held on behalf of that client; (c) to pay amounts in accordance with instructions from a client, to the extent that the amounts are held on behalf of that client; (d) to invest amounts in accordance with instructions from a client, to the extent that the amounts are held on behalf of that client; (e) to pay amounts where a court order, an Act or other law requires or permits the payment of an amount received; and (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.