PGPA Act Determination (AGS Client Funds Special Account 2025)

PGPA Act Determination (AGS Client Funds Special Account 2025)

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

Public Governance, Performance and Accountability Act 2013

Compilation No. 1

Compilation date: 12 March 2026

Includes amendments: F2026L00134

About this compilation

This compilation

This is a compilation of the PGPA Act Determination (AGS Client Funds Special Account 2025) that shows the text of the law as amended and in force on 12 March 2026 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Definitions

5 Establishment of the special account

6 Accountable authority responsible for the special account

Part 2—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 (AGS Client Funds Special Account 2025).

3  Authority

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

4  Definitions

  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.

5  Establishment of the special account

  For paragraph 78(1)(a) of the PGPA Act, the AGS Client Funds Special Account 2025 is established as a special account.

6  Accountable authority responsible for the 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.

Part 2—Special account credits and debits

7  Amounts that may be credited to the special account

 (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.

8  Purposes 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.

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 4

Kind of editorial change

Removal of redundant text

Details of editorial change

A redundant “(a)” appears after “In this instrument:” in section 4.

This compilation was editorially changed to omit “(a)” from section 4 to remove the redundant text.