PGPA Act Determination (Climate Change, Energy, the Environment and Water SOETM Special Account 2020)

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Legislation au F2020L00147 In force Legislative Instrument

Legislation content

PGPA Act Determination (Climate Change, Energy, the Environment and Water SOETM Special Account 2020)

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

Public Governance, Performance and Accountability Act 2013

Compilation No. 2

Compilation date: 12 March 2026

Includes amendments: F2026L00104

About this compilation

This compilation

This is a compilation of the PGPA Act Determination (Climate Change, Energy, the Environment and Water SOETM Special Account 2020) 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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

 

Part 1—Establishment

 

1  Name

  This instrument is the PGPA Act Determination (Climate Change, Energy, the Environment and Water SOETM Special Account 2020).

3  Authority

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

4  Definitions

  In this instrument:

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

Department means the Department of Climate Change, Energy, the Environment and Water.

SOETM means Services for Other Entities and Trust Moneys.

the special account means the Climate Change, Energy, the Environment and Water SOETM Special Account 2020 established by this instrument.

Water Resources Special Account 2016 means the Water Resources Special Account 2016 established by the Water Resources Special Account instrument.

Water Resources Special Account instrument means the PGPA Act (Water Resources Special Account 2016 — Establishment) Determination 2016/01.

5  Establishment of the special account

  For paragraph 78(1)(a) of the Act, the Climate Change, Energy, the Environment and Water SOETM Special Account 2020 is established as a special account (the special account).

6  Accountable authority responsible for the special account

  For paragraph 78(1)(d) of the Act, the accountable authority responsible for the special account is the Secretary of the Department.

Part 2—Special account credits and debits

 

7  Amounts that may be credited to the special account

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

(a) an amount held on trust, or otherwise on behalf of or for the benefit of a person other than the Commonwealth;

(b) an amount received in the course of the performance of functions that relate to one or more purposes of the special account;

(c) an amount received from any person for one or more purposes of the special account;

(d) an amount equal to the amount standing to the credit of the Water Resources Special Account 2016 immediately prior to the sunsetting of the Water Resources Special Account instrument.

8  Purposes of the special account

  For paragraph 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 held on trust or otherwise for the benefit of a person other than the Commonwealth;

(b) to disburse an amount in connection with services performed for or on behalf of other governments and bodies, including Commonwealth entities;

(c) to disburse an amount in connection with joint activities performed for, on behalf of, or together with, another Commonwealth entity, Commonwealth company, another government, organisation or person;

(d) to disburse an amount in connection with an agreement between the Commonwealth and another government;

(e) to repay an amount where a court order, Act or other law requires or permits the repayment 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

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = SubChapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

PGPA Act Determination (Environment SOETM Special Account 2020)

19 Feb 2020 (F2020L00147)

9 Apr 2020 (s 2(1))

 

PGPA Act Determination (Environment SOETM Special Account Amendment 2022)

24 Jan 2023 (F2023L00047)

8 Mar 2023 (s 2(1))

PGPA Act Determination (Climate Change, Energy, the Environment and Water SOETM Special Account Amendment 2026)

20 Feb 2026 (F2026L00104)

12 Mar 2026 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 1.....................

am F2023L00047

s 2.....................

rep LA s 48D

s 4.....................

def SOETM instrument rep end of 16 Apr 2020 (para 11(2)(a))

 

def SOETM special account rep end of 16 Apr 2020 (para 11(2)(b))

 

am F2023L00047; F2026L00104

s 5.....................

am F2023L00047

Part 2

 

s 7.....................

am F2026L00104

Part 3...................

rep end of 16 Apr 2020 (s 11(1))

s 9.....................

rep end of 16 Apr 2020 (s 11(1))

s 10....................

rep LA s 48C

s 11....................

rep end of 16 Apr 2020 (s 11(1))

 

Overview

The PGPA Act Determination (Climate Change, Energy, the Environment and Water SOETM Special Account 2020) was enacted to address the need for a dedicated financial mechanism to manage funds related to services for other entities and trust monies for the Department of Climate Change, Energy, the Environment and Water. This legislation, established under the authority of subsections 78(1) and 78(3) of the Public Governance, Performance and Accountability Act 2013, creates the Climate Change, Energy, the Environment and Water SOETM Special Account 2020. The accountable authority for this special account is the Secretary of the Department. The primary objective of this legislation is to ensure that the special account can receive and disburse funds for various purposes, including trust monies, payments for services, and joint activities with other entities, thereby providing a clear and organised financial framework for these operations.

Scope and Application

The PGPA Act Determination (Climate Change, Energy, the Environment and Water SOETM Special Account 2020) is a legislative instrument made under subsections 78(1) and 78(3) of the Public Governance, Performance and Accountability Act 2013. It establishes the Climate Change, Energy, the Environment and Water SOETM Special Account 2020 and designates the Secretary of the Department of Climate Change, Energy, the Environment and Water as the accountable authority for the special account. The account is designed to manage funds related to the services provided for or on behalf of other governments and bodies, joint activities performed with other entities, and agreements between the Commonwealth and other governments. The special account may credit amounts held on trust for others, amounts received in the course of its functions, and amounts transferred from the Water Resources Special Account 2016. The purposes for debiting amounts from the special account include disbursing funds held on trust, performing services for other governments and bodies, and repaying amounts required or permitted by law. The Act applies to the Department and any amounts held or transferred in accordance with its provisions. The special account operates within the Commonwealth of Australia and is subject to the provisions of the PGPA Act and any subordinate instruments. The Act does not specify exclusions or thresholds but operates under the broader framework of the PGPA Act, which may include additional conditions or limitations.

Key Provisions

The PGPA Act Determination (Climate Change, Energy, the Environment and Water SOETM Special Account 2020) (the Determination) establishes the Climate Change, Energy, the Environment and Water SOETM Special Account 2020 as a special account under section 78(1)(a) of the Public Governance, Performance and Accountability Act 2013 (the Act). This special account is designed to manage financial transactions related to the specified purposes under the Act. Section 6 of the Determination identifies the Secretary of the Department of Climate Change, Energy, the Environment and Water as the accountable authority responsible for the special account. The Determination outlines the types of amounts that can be credited to the special account, as specified in section 78(1)(b) of the Act. These include amounts held on trust or for the benefit of a person other than the Commonwealth, amounts received in the course of performing functions related to the special account’s purposes, amounts received from any person for the special account’s purposes, and the amount standing to the credit of the Water Resources Special Account 2016 prior to its sunsetting. The purposes of the special account, in relation to which amounts may be debited, are detailed in section 78(1)(c) of the Act and include disbursing amounts held on trust, performing services for other governments and bodies, engaging in joint activities with other entities, disbursing amounts in connection with agreements between the Commonwealth and another government, repaying amounts required or permitted by law, and reducing the account balance without making a real or notional payment. Under the Determination, the accountable authority is required to manage the special account in accordance with the provisions set out in the Act, ensuring that all transactions are properly authorised and accounted for. The authority must also ensure that the funds are used solely for the purposes specified in the Determination and the Act. Failure to comply with these requirements may result in civil or criminal penalties as provided by the Act. The Act may impose fines, and in more severe cases, criminal charges could be brought against the accountable authority for mismanagement or misuse of funds. The Determination also includes provisions for the accountability and transparency of the special account, requiring the accountable authority to maintain records and provide reports as necessary. Breaches of these obligations could lead to enforcement actions by the relevant authorities, including administrative penalties or legal proceedings. The maximum penalties for breaches are set out in the Act, which may include fines for individuals and corporations depending on the severity and frequency of the breach. The Determination ensures that the special account operates within the legal framework provided by the Act, safeguarding the integrity and purpose of the account.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Establishment of the special account
Amounts that may be credited to the special account

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.