Commonwealth Coat of Arms of Australia

 

PGPA Act Determination (AGS Client Funds Special Account 2025)

I, KATY GALLAGHER, Minister for Finance, make the following determination.

Dated   19 July 2025

KATY GALLAGHER

Minister for Finance

 

 

 

 

 

Contents

Part 1—Establishment

1  Name 

2  Commencement

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

Part 3—Transitional, revocation and repeal provisions

9  Opening balance of the special account

10  Revocation of AGS Client Funds Special Account 2015

11  Additional repeal provisions

 

 

  This instrument is the PGPA Act Determination (AGS Client Funds Special Account 2025).

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

The whole of this instrument

The later of the day mentioned in paragraph 79(5)(a) of the PGPA Act or

22 September 2025.  
 

 

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any version of this instrument published on the Federal Register of Legislation.

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

  In this instrument:

  1.    

AGS Client Funds Instrument means the PGPA Act (AGS Client Funds Special Account 2015 – Establishment) Determination 2015/03.

AGS Client Funds Special Account 2015 means the AGS Client Funds Special Account 2015 established by the AGS Client Funds 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.

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

 

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

  1.       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
  2.       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:

  1.     the proceeds of amounts invested from amounts standing to the credit 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:

  1.     to pay amounts to a client, to the extent amounts are held on behalf of that client;
  2.     to pay amounts to a client, to the extent that the amounts represent interest earned on amounts held on behalf of that client;
  3.     to pay amounts in accordance with instructions from a client, to the extent that the amounts are held on behalf of that client;
  4.       to invest amounts in accordance with instructions from a client, to the extent that the amounts are held on behalf of that client; and
  5.       to pay amounts where a court order, an Act or other law requires or permits the payment of an amount received.

 

 

  1.     For paragraph 78(1)(b) of the PGPA Act, the amount in subsection 9(2) (opening balance) is required to be credited to the special account immediately after its establishment.
  2.     The opening balance is equal to the amount standing to the credit of the AGS Client Funds Special Account 2015 immediately prior to the commencement of this instrument.

  For subsection 78(3) of the PGPA Act, the AGS Client Funds Instrument is revoked.

  1.     For subsection 78(3) of the PGPA Act, Part 3 of this instrument is repealed at the end of the seventh day after the revocation of the AGS Client Funds Instrument under section 10 (date of repeal).
  2.     For subsection 78(3) of the PGPA Act, the following definitions in section 4, are repealed on the date of repeal:
  1.     definition of AGS Client Funds Instrument; and
  2.     definition of AGS Client Funds Special Account 2015.
  1.     Despite subsection 11(1), the effects of Part 3 of this instrument remain in force after the date of repeal.