PGPA Act (AGS Client Funds Special Account 2015 — Establishment) Determination 2015/03

made under subsection 78(1) of the Public Governance, Performance and Accountability Act 2013.

Compilation No. 2

Compilation date:                              23 June 2021

Includes amendments up to:            F2021L00714

Registered:                                         25 June 2021

About this compilation

This compilation

This is a compilation of the PGPA Act (AGS Client Funds Special Account 2015 — Establishment) Determination 2015/03 that shows the text of the law as amended and in force on 23 June 2021 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1             Name of determination

This determination is the PGPA Act (AGS Client Funds Special Account 2015 – Establishment) Determination 2015/03.

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 http://www.comlaw.gov.au

Note 2    The 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.

2             Commencement and effect

(a)    This determination takes effect on 1 July 2015.

3             Legislative authority

This determination is made under subsection 78(1) of the PGPA Act.

4             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.

Corporate AGS means the corporate Commonwealth entity established under Part VIIIB of the Judiciary Act 1903 immediately before 1 July 2015.

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.

5             Establishment

For paragraph 78(1)(a) of the PGPA Act, a special account is established with the name AGS Client Funds Special Account 2015 (the special account).

6             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.

7             Amounts 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 that the corporate AGS held on behalf of clients immediately before 1 July 2015;

(b)   amounts received that are to be held on behalf of a client or any other person in relation to services provided by the AGS and AGS lawyers (other than amounts credited to the AGS Operational Special Account 2015);

(c)    amounts of interest earned on amounts standing to the credit of the special account;

(d)   amounts appropriated by the Parliament for the purposes of the special account.

Note 1      An Appropriation Act 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.

8             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 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 amounts are held on behalf of that client;

(d)   to pay for expenses that are incidental to administering the special account;

(e)   to reduce the balance of the special account (and, therefore, the available appropriation for the special account) 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.

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 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

Endnote 3—Legislation history

Endnote 4—Amendment history