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 Self-repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 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 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 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 (POCA Programs Special Account 2018) 4 May 2018 (F2018L00590) 21 May 2018 (s 2(1)) PGPA Act Determination (POCA Programs Special Account Amendment 2022) 24 Jan 2023 (F2023L00051) 8 Mar 2023 (s 2(1)) — Endnote 4—Amendment history Provision affected How affected Part 1 s 2..................... rep LA s 48D s 4..................... am F2023L00051 Part 2 s 7..................... am F2023L00051