PGPA Act (AGS Operational Special Account 2015 – Establishment) Determination 2015/02 (Cth)
PGPA Act (AGS Operational Special Account 2015 —Establishment) Determination 2015/02
made under subsection 78(1) of the Public Governance, Performance and Accountability Act 2013.
Compilation No. 1
Compilation date: 29 March 2017
Includes amendments up to: F2017L00253
About this compilation
This compilation
This is a compilation of the PGPA Act (AGS Operational Special Account 2015 —Establishment) Determination 2015/02 that shows the text of the law as amended and in force on 31/03/2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
PGPA Act (AGS Operational Special Account 2015 —Establishment) Determination 2015/02
Public Governance, Performance and Accountability Act 2013
I, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make this determination.
MATHIAS HUBERT PAUL CORMANN
Minister for Finance
Dated: 1 May 2015
Name of determination
This determination is the PGPA Act (AGS Operational Special Account 2015 – Establishment) Determination 2015/02.
Note 1 All special account determinations and compilations are registered on the Federal Register of Legislative Instruments (FRLI) kept under the Legislative Instruments Act 2003. See 2The Determination is subject to Part 6 (sunsetting) of the Legislative Instruments Act 2003. The sunsetting provisions mean that this special account will be repealed on the earlier of 1 April or 1 October falling on or after the tenth anniversary of registration.
Commencement and effect
(a) This determination takes effect on 1 July 2015.
(b) This determination stops having effect at the end of 30 June 2019.
Legislative authority
This determination is made under subsection 78(1) of the PGPA Act.
Definitions
In this determination:
accountable authority has the meaning given by the PGPA Act.
AGS means the person occupying the position in the Attorney-General’s Department known as the Australian Government Solicitor.
AGS lawyer means a person in the Attorney-General’s Department:
(a) who is engaged under the Public Service Act 1999; and
(b) whose name is on a roll of barristers, solicitors or legal practitioners; and
(c) who ordinarily performs work for clients of the AGS under the supervision or direction of the AGS.
client means a person or entity which has sought or received services provided by the AGS or AGS lawyers.
PGPA Act means the Public Governance, Performance and Accountability Act 2013.
Establishment
For paragraph 78(1)(a) of the PGPA Act, a special account is established with the name AGS Operational Special Account 2015 (the special account).
Accountable authority
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.
Amounts that are allowed to be credited
For paragraph 78(1)(b) of the PGPA Act, amounts equal to the following are allowed to be credited to the special account:
(a) amounts received from clients in relation to services provided by, or other activities of, the AGS and AGS lawyers(other than amounts credited to the AGS Client Funds Special Account 2015);
(b) amounts received from any person other than a client in relation to services provided by, or other activities of, the Australian Government Solicitor and AGS lawyers (other than amounts credited to the AGS Client Funds Special Account 2015);
(c) amounts appropriated by the Parliament for the purposes of the special account.
Note 1 The Appropriation Acts may provide that if any of the purposes of a special account are covered by an item in those Acts (whether or not the item expressly refers to the special account), then amounts may be debited against that item and credited to that special account.
Note 2 Where an amount equal to an amount debited from the special account is repaid to the Commonwealth, the amount may be credited to the special account under paragraph 74(1)(b) of the PGPA Act and s 27(5) of the Public Governance, Performance and Accountability Rule 2014.
Purposes for which amounts are allowed to be debited
For paragraph 78(1)(c) of the PGPA Act, the purposes for which amounts are allowed to be debited from the special account are:
(a)to pay for costs, expenses and other obligations incurred in relation to the provision of services by the AGS and AGS lawyers to clients;
(b)to pay remuneration and employee entitlements of the AGS, and AGS lawyers and other AGD employees who ordinarily perform work under the supervision or direction of the AGS;
(c)to pay for expenses that are incidental to administering the special account;
(d)to reduce the balance of the special account (and, therefore, the available appropriation) without making a real or notional payment.
Note 1 Subsection 78(4) of the PGPA Act appropriates the Consolidated Revenue Fund for payments made with amounts debited from the special account. Subsection 78(6) of the PGPA Act provides that whenever an amount is debited against the appropriation, the amount is taken to be also debited from the special account.
Note 2 An amount may be debited from the special account where:
(a) it has been incorrectly credited by virtue of a clerical mistake; or
(b) it has been credited through the exercise of a discretion by an official and the exercise of that discretion was actuated by a fundamental mistake of fact or law. Legal advice should be obtained before an amount is debited on this basis.
Note 3 The purpose of paragraph (d) is to allow for the balance of the special account to be reduced. When the special account is debited for this purpose, there is no payment or credit available to another party, account or appropriation.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| o = order(s) | |
| ad = added or inserted | Ord = Ordinance |
| am = amended | orig = original |
| amdt = amendment | par = paragraph(s)/subparagraph(s) |
| c = clause(s) | /sub‑subparagraph(s) |
| C[x] = Compilation No. x | pres = present |
| Ch = Chapter(s) | prev = previous |
| def = definition(s) | (prev…) = previously |
| Dict = Dictionary | Pt = Part(s) |
| disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
| Div = Division(s) | |
| exp = expires/expired or ceases/ceased to have | reloc = relocated |
| effect | renum = renumbered |
| F = Federal Register of Legislation | rep = repealed |
| gaz = gazette | rs = repealed and substituted |
| LA = Legislation Act 2003 | s = section(s)/subsection(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| (md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
| effect | SLI = Select Legislative Instrument |
| (md not incorp) = misdescribed amendment | SR = Statutory Rules |
| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
| mod = modified/modification | SubPt = Subpart(s) |
| No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| PGPA Act (AGS Operational Special Account 2015 —Establishment) Determination 2015/02 | 12 May 2015 | 20 June 2015 | |
| PGPA Act Determination (AGS Special Accounts Amendments 2017) | 17 March 2017 | 29 March 2017 | Part 2, s 6 |
Endnote 4—Amendment history
| Provision affected | How affected |
| s 2(b) | am F2017L00253 |
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