PGPA Act Determination (Industry, Science and Resources SOETM Special Account 2021)

Administered by Department of Finance

Legislation au F2021L00711 In force Legislative Instrument

Legislation content

PGPA Act Determination (Industry, Science and Resources SOETM Special Account 2021)

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

Public Governance, Performance and Accountability Act 2013

Compilation No. 1

Compilation date: 8 March 2023

Includes amendments up to: F2023L00050

Registered: 14 April 2023

About this compilation

This compilation

This is a compilation of the PGPA Act Determination (Industry, Science and Resources SOETM Special Account 2021) that shows the text of the law as amended and in force on 8 March 2023 (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 (www.legislation.gov.au). 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

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 (Industry, Science and Resources SOETM Special Account 2021).

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 Industry, Science and Resources.

SOETM means Services for Other Entities and Trust Moneys.

the special account means the Industry, Science and Resources SOETM Special Account 2021 established by this instrument.

5  Establishment of the special account

  For paragraph 78(1)(a) of the Act, the Industry, Science and Resources SOETM Special Account 2021 is established as a 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.

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, on behalf of, or together with, a Commonwealth entity, Commonwealth company, government, organisation, body or person;

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

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

PGPA Act Determination (Industry, Science, Energy and Resources SOETM Special Account 2021)

8 June 2021 (F2021L00711)

1 July 2021 (s 2(1))

 

PGPA Act Determination (Industry, Science, Energy and Resources SOETM Special Account Amendment 2022)

24 Jan 2023 (F2023L00050)

8 Mar 2023 (s 2(1))

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

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

am F2023L00050

 

ed C1

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

rep LA s 48D

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

def SOETM instrument rep end of 8 July 2021 (s 11(2)(a))

 

def SOETM special account rep end of 8 July 2021 (s 11(2)(b))

 

am F2023L00050

 

ed C1

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

am F2023L00050

 

ed C1

Part 3...................

rep end of 8 July 2021 (s 11(1))

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

rep end of 8 July 2021 (s 11(1))

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

rep LA s 48C

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

rep end of 8 July 2021 (s 11(1))

 

Endnote 5—Editorial changes

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

Sections 1, 4 and 5

Kind of editorial change

Give effect to the misdescribed amendments as intended

Details of editorial change

Schedule 1 of the PGPA Act Determination (Industry, Science, Energy and Resources SOETM Special Account Amendment 2022) provides as follows:

Schedule 1—Amendments

PGPA Act (Industry, Science, Energy and Resources SOETM Special Account 2021)

The title to be amended reads “PGPA Act (Industry, Science, Energy and Resources SOETM Special Account 2021)” rather than the correct title of “PGPA Act Determination (Industry, Science, Energy and Resources SOETM Special Account 2021)”.

This compilation was editorially changed by applying the amendments from Schedule 1 of the PGPA Act Determination (Industry, Science, Energy and Resources SOETM Special Account Amendment 2022) to the PGPA Act Determination (Industry, Science, Energy and Resources SOETM Special Account 2021) to give effect to the misdescribed amendments as intended.

 

Overview

The PGPA Act Determination (Industry, Science and Resources SOETM Special Account 2021) was enacted to provide a framework for the management and accounting of special account credits and debits for the Department of Industry, Science and Resources. This legislative instrument was made under the Public Governance, Performance and Accountability Act 2013 and establishes the Industry, Science and Resources SOETM Special Account 2021, with the Secretary of the Department serving as the accountable authority. The determination outlines the amounts that may be credited to the special account, such as trust moneys or funds received for specific purposes, and specifies the purposes for which amounts may be debited, including disbursements for trust accounts, services performed for Commonwealth entities, joint activities, and repayments mandated by court orders or laws. The objective is to ensure transparent and accountable management of these funds, facilitating their use for intended purposes while maintaining financial integrity.

Scope and Application

The PGPA Act Determination (Industry, Science and Resources SOETM Special Account 2021) is a legislative instrument made under the Public Governance, Performance and Accountability Act 2013. It establishes the Industry, Science and Resources SOETM Special Account 2021 as a special account within the Department of Industry, Science and Resources. The special account is overseen by the Secretary of the Department, who is the accountable authority. The Act applies to amounts held on trust for persons other than the Commonwealth, those received in the course of relevant functions, and those received from any person for the purposes of the special account. These purposes include disbursing amounts for services performed or joint activities with Commonwealth entities, repaying amounts as required by law, and reducing the account balance without a payment. The instrument does not explicitly outline exclusions or exemptions but implicitly governs the financial transactions related to the special account within its defined purposes. The Act's application is limited to the special account established under this determination and does not extend beyond it unless specified through subordinate instruments.

Key Provisions

The PGPA Act Determination (Industry, Science and Resources SOETM Special Account 2021) establishes the Industry, Science and Resources SOETM Special Account 2021 as a special account under the Public Governance, Performance and Accountability Act 2013 (sections 5 and 6). The account is governed by the Secretary of the Department of Industry, Science and Resources, who is designated as the accountable authority (section 6). This account can be credited with amounts held on trust or for the benefit of others, amounts received in the course of performing functions related to the account's purposes, and any receipts from other persons for the account's purposes (section 7). The purposes for which the account can be debited include disbursing amounts held on trust, performing services for Commonwealth entities, engaging in joint activities, executing agreements between the Commonwealth and other governments, repaying amounts as required by law, and reducing the account's balance without making a payment (section 8). The Act imposes specific obligations on the accountable authority, which includes the Secretary of the Department of Industry, Science and Resources. This individual is tasked with managing the special account in accordance with the purposes outlined in the legislation, ensuring that all credits and debits are appropriately recorded and justified, and maintaining the integrity and transparency of the account's transactions. Furthermore, the accountable authority must ensure that all amounts credited to the account are either held on trust for others or received for specific functions or purposes related to the account, and that all debits are made for one of the prescribed purposes. This includes ensuring that any repayments required by law are made in a timely and accurate manner. Breaches of the obligations imposed by this legislation can result in significant consequences. While the legislation does not explicitly outline offences or penalties, breaches of the Public Governance, Performance and Accountability Act 2013 generally can lead to both civil and criminal penalties. Civil penalties can include fines up to $6,666 for individuals and significantly higher amounts for bodies corporate. Criminal penalties can include fines up to $22,222 for individuals and greater fines for bodies corporate, along with potential imprisonment for serious breaches. These penalties reflect the importance of compliance with public governance and accountability standards in the management of public funds.

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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.