PGPA Act Determination (POCA Programs Special Account 2018)

made under subsection 78(1) of the

Public Governance, Performance and Accountability Act 2013

Compilation No. 1

Compilation date:                              8 March 2023

Includes amendments up to:            F2023L00051

Registered:                                         6 April 2023

About this compilation

This compilation

This is a compilation of the PGPA Act Determination (POCA Programs Special Account 2018) 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Establishment of the special account.............................................................................. 1

6............ Accountable authority responsible for the special account............................................. 1

Part 2—Special account credits and debits                                                                                       2

7............ Amounts that may be credited to the special account..................................................... 2

8............ Purposes of the special account..................................................................................... 2

Endnotes                                                                                                                                                                 3

Endnote 1—About the endnotes                                                                                                        3

Endnote 2—Abbreviation key                                                                                                            4

Endnote 3—Legislation history                                                                                                         5

Endnote 4—Amendment history                                                                                                       6

Part 1—Establishment

1  Name

                   This instrument is the PGPA Act Determination (POCA Programs Special Account 2018).

3  Authority

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

4  Definitions

                   In this instrument:

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

Confiscated Assets Account means the special account established in section 295 of the POCA.

Department means the Attorney-General’s Department.

Minister means the Minister responsible for administering section 298 of the POCA.

POCA means the Proceeds of Crime Act 2002.

program means a program for the expenditure of money from the Confiscated Assets Account to carry out a purpose listed in subsection 298(2) of the POCA.

the special account means the POCA Programs Special Account 2018.

5  Establishment of the special account

                   For subsection 78(1)(a) of the Act, the POCA Programs Special Account 2018 is established as a special account (the special account).

6  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.

Part 2—Special account credits and debits

7  Amounts that may be credited to the special account

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

                     (a)  an amount received from the Confiscated Assets Account for the purpose of making payments under a program approved by the Minister under section 298 of the POCA;

                     (b)  an amount received in the course of the performance of functions that relates to a purpose of the special account in clause 8.

.

8  Purposes of the special account

                   For subsection 78(1)(c) of the Act, an amount may be debited from the special account for one of the following purposes:

                     (a)  to make payments under a program approved by the Minister under section 298 of the POCA;

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

                     (c)  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