{"id":"F2016L01335","name":"PGPA Act Determination (Art Rental Special Account 2016) — Establishment","slug":"pgpa-act-determination-art-rental-special-account-2016-establishment","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94892,"registerId":"commonwealth-F2016L01335-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Art Rental Special Account 2016) — Establishment","content":"![Commonwealth Coat of Arms](image.001.png)\n\nPGPA Act Determination (Art Rental Special Account 2016) — Establishment\n\nI, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make this determination.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nMATHIAS HUBERT PAUL CORMANN\n\nMinister for Finance\n\nDated: 23 / 08 / 2016\n\nPart 1 - Establishment\n\n1 Name\n\nThis instrument is the PGPA Act Determination (Art Rental Special Account 2016) — Establishment.\n\nNote: All special account determinations and compilations are registered on the Federal Register of Legislation (FRL) kept under the Legislation Act 2003. See http://www.legislation.gov.au.\n\n2 Commencement\n\nThis instrument commences on the day provided for by paragraph 79(5)(a) of the PGPA Act.\n\nNote 1: Subsection 79(5) of the PGPA Act provides that a special account determination comes into effect on the day immediately after the last day on which it could have been disallowed by the Parliament, or on a later day if specified in the determination.\n\nNote 2: Subsection 50(1) of the Legislation Act 2003 provides that a legislative instrument is repealed automatically on the first of 1 April or 1 October ten years after being registered on the FRL. Consistent with the Legislation Act 2003, this instrument ceases to have effect on 1 October 2026.\n\n3 Authority\n\nThis instrument is made under subsection 78(1) of the PGPA Act.\n\n4 Definitions\n\nIn this instrument, PGPA Act means the Public Governance, Performance and Accountability Act 2013.\n\n5 Establishment\n\nFor the purposes of paragraph 78(1)(a) of the PGPA Act, a special account is established with the name Art Rental Special Account 2016 (the special account).\n\n6 Credits to the special account\n\nFor the purposes of paragraph 78(1)(b) of the PGPA Act, amounts equal to the following are allowed to be credited to the special account:\n\n    (a) an amount received in the course of the performance of functions that relate to the purposes of the special account;\n    (b) an amount received from any person for the purposes of the special account;\n    (c) amounts debited from the Art Rental Special Account, established by the Financial Management and Accountability Determination 2006/18 — Art Rental Special Account Establishment 2006.\n\nNote 1: The Appropriation Acts may provide that if any of the purposes of a special account are covered by an item in an Appropriation Act (whether or not the item refers to the special account), then amounts may be debited against the appropriation for that item and credited to the special account.\n\nNote 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 subsection 27(5) of the Public Governance, Performance and Accountability Rule 2014.\n\n7 Purposes of the special account\n\nFor the purposes of paragraph 78(1)(c) of the PGPA Act, amounts standing to the credit of the special account are allowed to be debited for the following purposes:\n\n    (a) to make payments to acquire, deaccession, lease, promote, develop, exhibit, lend, conserve and undertake any other activities in relation to managing an art rental collection for the Commonwealth;\n\n(b) to make payments for activities incidental to the purpose mentioned in paragraph (a), including direct and indirect costs of administering the special account;\n\n(c) to reduce the balance of the special account (and, therefore, the available appropriation) without making a real or notional payment;\n\n(d) to repay, as required by law, amounts that have been credited to the special account.\n\nNote 1: Subsection 78(4) of the PGPA Act appropriates the Consolidated Revenue Fund for expenditure for the purposes of the special account, up to the balance of the special account at the time of payment.\n\nNote 2: An amount may be debited from the special account:\n\n> Note: (a) for the purpose of paragraph 7(b), for the administration of the special account and for dealing with direct and indirect costs in relation to administering the special account; or\n\n> Note: (b) for the purpose of paragraph 7(c), to allow for the balance of the special account to be reduced, with no payment or credit available to another party, account or appropriation; or\n\n> Note: (c) where that amount has been incorrectly credited by virtue of a clerical mistake or exercise of a discretion based on a fundamental mistake of fact or law (legal advice on the mistaken fact or law should be obtained before an amount is debited on this basis).\n\n8 Accountable authority\n\nFor the purposes of paragraph 78(1)(d) of the PGPA Act, the accountable authority responsible for the special account is the Secretary of the Department of Communications and the Arts.\n\nPart 2 \\- Transitional Variation\n\nSubsection 5(1) of the Financial Management and Accountability Determination 2006/18 – Art Rental Special Account Establishment 2006 is varied by adding at the end:\n\n; and (e) to credit amounts to the Art Rental Special Account 2016.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation maintains the same scope as its predecessor (the 2006 Art Rental Special Account). It is a straightforward re-establishment under the new PGPA Act framework, with identical functional purposes—managing the Commonwealth's art rental collection. The transitional provision ensures continuity by allowing transfers from the old account to the new one, but does not expand the scope beyond the original art rental management purpose."},"complexity_factors":["Very short instrument (8 sections plus transitional provision)","Only 1 defined term ('PGPA Act')","Minimal cross-referencing (only references to parent Act and superseded 2006 determination)","Straightforward structure: establishment, credits, purposes, accountable authority","No nested exceptions or conditional logic beyond standard appropriation mechanics","Single purpose legislation with clear, enumerated lists for credits and debits"],"plain_english_summary":"The Art Rental Special Account 2016 creates a dedicated Commonwealth bank account to receive and spend money for acquiring, leasing, exhibiting, conserving and managing the government’s art rental collection. The Secretary of the Department of Communications and the Arts manages it.  \n\nIt affects the Department, artists, galleries and donors who deal with the collection, and replaces the 2006 account with updated PGPA Act financial controls and transparency."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument re‑establishes a separate art rental special account and preserves the core purposes of funding art‑rental collection management (acquire, exhibit, conserve, lend, admin) while enabling transfer of balances from the prior Art Rental account. It is primarily an administrative continuity and transfer measure rather than a substantive expansion of scope (ss5–7; s6(c); Part 2)."},"complexity_factors":["References to and interaction with the PGPA Act and Legislation Act (authority, commencement, and automatic repeal timing) require cross‑reading of primary statutes (ss2, 3; notes).","Cross‑instrument continuity and amendment of the earlier FM&A determination to transfer credits and balances introduces administrative linkage to prior arrangements (s6(c); Part 2).","Appropriation mechanics: expenditure is appropriated from the Consolidated Revenue Fund up to the account balance (note to s7; PGPA s78(4)), which requires understanding of appropriation law.","Discretionary debit rules for correcting clerical or fundamental mistakes (note to s7) create procedural and legal‑advice requirements before adjustments.","Accountable authority designation concentrates operational and compliance duties in a department head, implicating departmental governance and reporting obligations (s8)."],"plain_english_summary":"Creates the \"Art Rental Special Account 2016\": a dedicated Commonwealth fund to receive specified receipts and pay for managing the government’s art‑rental collection — acquisition, leasing, exhibition, conservation, lending and administration (ss5–7). The Secretary of the Department of Communications and the Arts is the accountable authority; the instrument allows carrying across balances from the previous Art Rental account and repaying amounts as required. Payments are met from the Consolidated Revenue Fund up to the account balance (s8; s6(c); notes to s7)."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-art-rental-special-account-2016-establishment","history":"/api/acts/pgpa-act-determination-art-rental-special-account-2016-establishment/history","analysis":"/api/acts/pgpa-act-determination-art-rental-special-account-2016-establishment/analysis","conflicts":"/api/acts/pgpa-act-determination-art-rental-special-account-2016-establishment/conflicts","importantCases":"/api/acts/pgpa-act-determination-art-rental-special-account-2016-establishment/important-cases","documents":"/api/acts/pgpa-act-determination-art-rental-special-account-2016-establishment/documents"}}