PGPA Act (AGS Client Funds Special Account 2015 — Establishment) Determination 2015/03
Public Governance, Performance and Accountability Act 2013
I, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make this determination.
MATHIAS HUBERT PAUL CORMANN
Minister for Finance
Dated: 1 May 2015
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 The sunsetting provisions mean that this special account will be repealed on the earlier of 1 April or 1 October falling on or after the tenth anniversary of registration.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.
(b) This determination stops having effect at the end of 30 June 2017.
3 Legislative authority
This determination is made under subsection 78(1) of the PGPA Act.
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.
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.
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.