Part 1
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth legislation
Creates the POCA Programs Special Account 2018 to receive funds from the Confiscated Assets Account and related receipts, and to finance programs approved under section 298 of the Proceeds of Crime Act. It appoints the Secretary of the Department of Home Affairs as the accountable authority and authorises credits (transfers and program-related receipts) and debits (Minister‑approved program payments, required repayments, and balance reductions). This formalises how confiscated‑asset program funds are held, appropriated and spent.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in PGPA Act Determination (POCA Programs Special Account 2018).
This instrument is the PGPA Act Determination (POCA Programs Special Account 2018).
This instrument is made under subsection 78(1) of the Act.
In this instrument:
Act means the Public Governance, Performance and Accountability Act 2013.
Confiscated Assets Account means the special account established in section 295 of the POCA.
Department means the Department of Home Affairs.
Minister means the Minister responsible for administering section 298 of the POCA.
POCA means the Proceeds of Crime Act 2002.
program means a program for the expenditure of money from the Confiscated Assets Account to carry out a purpose listed in subsection 298(2) of the POCA.
the special account means the POCA Programs Special Account 2018.
For subsection 78(1)(a) of the Act, the POCA Programs Special Account 2018 is established as a special account (the special account).
For subsection 78(1)(d) of the Act, the accountable authority responsible for the special account is the Secretary of the Department.
For subsection 78(1)(b) of the Act, amounts up to and equal to the following may be credited to the special account: (a) an amount received from the Confiscated Assets Account for the purpose of making payments under a program approved by the Minister under section 298 of the POCA; (b) an amount received in the course of the performance of functions that relates to a purpose of the special account in clause 8. .
For subsection 78(1)(c) of the Act, an amount may be debited from the special account for one of the following purposes: (a) to make payments under a program approved by the Minister under section 298 of the POCA; (b) to repay an amount where an Act, other law, or court order requires or permits the repayment of an amount; (c) 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 (POCA Programs Special Account 2018).
This instrument is made under subsection 78(1) of the Act.
In this instrument:
Act means the Public Governance, Performance and Accountability Act 2013.
Confiscated Assets Account means the special account established in section 295 of the POCA.
Department means the Department of Home Affairs.
Minister means the Minister responsible for administering section 298 of the POCA.
POCA means the Proceeds of Crime Act 2002.
program means a program for the expenditure of money from the Confiscated Assets Account to carry out a purpose listed in subsection 298(2) of the POCA.
the special account means the POCA Programs Special Account 2018.
For subsection 78(1)(a) of the Act, the POCA Programs Special Account 2018 is established as a special account (the special account).
For subsection 78(1)(d) of the Act, the accountable authority responsible for the special account is the Secretary of the Department.
For subsection 78(1)(b) of the Act, amounts up to and equal to the following may be credited to the special account: (a) an amount received from the Confiscated Assets Account for the purpose of making payments under a program approved by the Minister under section 298 of the POCA; (b) an amount received in the course of the performance of functions that relates to a purpose of the special account in clause 8. .
For subsection 78(1)(c) of the Act, an amount may be debited from the special account for one of the following purposes: (a) to make payments under a program approved by the Minister under section 298 of the POCA; (b) to repay an amount where an Act, other law, or court order requires or permits the repayment of an amount; (c) to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment.