PGPA Act Determination (ABCB Special Account 2019)

PGPA Act Determination (ABCB Special Account 2019)

made under subsections 78(1) and 78(3) of the

Public Governance, Performance and Accountability Act 2013

Compilation No. 1

Compilation date: 1 September 2025

Includes amendments: F2025L00849

About this compilation

This compilation

This is a compilation of the PGPA Act Determination (ABCB Special Account 2019) that shows the text of the law as amended and in force on 1 September 2025 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Establishment

1 Name

3 Authority

4 Establishment of the special account

5 Accountable authority responsible for the special account

Part 2—Definitions

6 Definitions

Part 3—Special account credits and debits

7 Amounts that may be credited to the special account

8 Purposes of the special account

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Editorial changes

Part 1—Establishment

1  Name

  This instrument is the PGPA Act Determination (ABCB Special Account 2019).

3  Authority

  This instrument is made under subsections 78(1) and 78(3) of the Act.

4  Establishment of the special account

  For subsection 78(1)(a) of the Act, the ABCB Special Account 2019 is established as a special account (the special account).

5  Accountable authority responsible for 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 of the Treasury.

Part 2—Definitions

6  Definitions

  In this instrument:

ABCB means the Australian Building Codes Board, which is continued in existence under the IGA.

accountable authority has the meaning provided in the Act.

Act means the Public Governance, Performance and Accountability Act 2013.

building and construction means the design, construction, renovation, rectification, alteration, extension, or performance of buildings, including plumbing or other service installations.

Commonwealth company has the meaning provided in the Act.

Commonwealth entity has the meaning provided in the Act.

IGA means the Australian Building Codes Board Inter‑Governmental Agreement 2012, including any subsequent amendments or additions agreed by the signatories.

information technology systems means the development, maintenance and use of computer systems, software and networks for the processing and distribution of data.

the former special account means the special account Australian Building Codes Board Special Account 2017 established by the PGPA Act Determination (Establishment of Australian Building Codes Board Special Account 2017).

the special account means the ABCB Special Account 2019 established by this instrument.

WaterMark Certification Scheme means the national mandatory certification scheme administered by ABCB from 2013, to authorise plumbing and drainage products for use in plumbing and drainage installations.

Part 3—Special account credits and debits

7  Amounts that may be credited to the special account

  For subsection 78(1)(b) of the Act, the following amounts may be credited to the special account:

(a) an amount received from a government for a purpose of the special account;

(b) an amount received in the course of the performance of functions that relate to a purpose of the special account;

 (c) an amount received from any person for a purpose of the special account.

8  Purposes of the special account

  For subsection 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:

(a) to disburse an amount to create, maintain, enhance, and make accessible nationally consistent building and construction codes, standards, regulatory requirements; regulatory systems; model legislative and regulatory provisions; and guidance materials and tools (including but not limited to information technology systems) for building and construction;

(b) to disburse an amount to develop, promote and disseminate educational and training resources in relation to building and construction, for the building and construction industry, associated stakeholders and the broader community;

(c) to disburse an amount to research, investigate, consult, implement and administer the delivery of programs and initiatives for a purpose in paragraphs (a) or (b) above, including but not limited to product certification schemes (for example, the WaterMark Certification Scheme);

(d) to disburse an amount in connection with services performed by the ABCB for or on behalf of governments and other bodies, including Commonwealth entities and Commonwealth companies, for a purpose in paragraphs (a), (b) or (c) above;

(e) to disburse an amount in connection with joint activities performed by the ABCB for, on behalf of, or together with, a Commonwealth entity, Commonwealth company, government, organisation or person, for a purpose in paragraphs (a), (b) or (c) above;

(f)  to disburse an amount for an activity that is incidental to a purpose in clause 8 of this instrument;

(g) to repay an amount where a court order, Act or other law requires or permits the repayment of an amount received;

(h) to repay to an original payer amounts credited to the special account or to the former special account, after any necessary payments made for a purpose in paragraphs (a), (b) or (c) above;  and 

(i)   to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment.

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Section 5

Kind of editorial change

Give effect to the misdescribed amendment as intended

Details of editorial change

Schedule 1 item 1 of the PGPA Act Determination (ABCB Special Account Amendment 2025) instructs to omit “Department of Industry, Innovation, and Science” and substitute “Department of the Treasury” in section 5.

The text “Department of Industry, Innovation, and Science” does not appear in section 5. However, “Department of Industry, Innovation and Science” does appear.

This compilation was editorially changed to omit “Department of Industry, Innovation and Science” and substitute “Department of the Treasury” in section 5 to give effect to the misdescribed amendment as intended.