{"id":"F2023L00712","name":"PGPA Act Determination (Biomedical Translation Fund Special Account 2023)","slug":"pgpa-act-determination-biomedical-translation-fund-special-account-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104435,"registerId":"commonwealth-F2023L00712-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Establishment","content":"## Part 1—Establishment","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the PGPA Act Determination (Biomedical Translation Fund Special Account 2023).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (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.\n\n| Column 1                     | Column 2                                                                        | Column 3     |\n| ---------------------------- | ------------------------------------------------------------------------------- | ------------ |\n| Provisions                   | Commencement                                                                    | Date/Details |\n| The whole of this instrument | The later of the day mentioned in paragraph 79(5)(a) of the Act and 1 July 2023 |              |\n\n  (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.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 78(1) of the Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Public Governance, Performance and Accountability Act 2013.\n\n> the special account means the Biomedical Translation Fund Special Account 2023 established by this instrument.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Establishment of the special account","content":"#### 5 Establishment of the special account\n\n  For paragraph 78(1)(a) of the Act, the Biomedical Translation Fund Special Account 2023 is established as a special account.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Accountable authority responsible for the special account","content":"#### 6 Accountable authority responsible for the special account\n\n  For paragraph 78(1)(d) of the Act, the accountable authority responsible for the special account is the Secretary of the Department of Health and Aged Care.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Special account credits and debits","content":"## Part 2—Special account credits and debits","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Amounts that may be credited to the special account","content":"#### 7 Amounts that may be credited to the special account\n\n  For paragraph 78(1)(b) of the Act, the following amounts may be credited to the special account:\n\n    an amount appropriated by the Parliament for the purposes of the special account;\n    an amount received in the course of the performance of functions that relate to one or more purposes of the special account;\n    an amount received from any person for one or more purposes of the special account.\n\n> Note: Subsection 58(5) of the Act requires the proceeds of an investment of an amount debited from a special account to be credited to that special account.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Purposes of the special account","content":"#### 8 Purposes of the special account\n\n  For paragraph 78(1)(c) of the Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are:\n\n    to provide capital to promote the commercialisation of biomedical discoveries in accordance with the Biomedical Translation Fund Programme Guidelines;\n    to carry out activities that are incidental to the purpose in paragraph (a), including dealing with direct and indirect costs;\n    to repay amounts where a court order, Act or other law requires or permits the repayment of an amount received; and\n    to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment.","sortOrder":9}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument establishes a new special account, sets permitted credits and purposes, and names an accountable authority. It implements an administrative funding vehicle under the PGPA Act rather than altering the broader statutory policy scope; it does not expand or narrow the stated purposes beyond those set out in the instrument."},"complexity_factors":["Cross-references to the PGPA Act (subsection 78(1), paragraph 79(5)(a), and note referencing subsection 58(5)) require reading multiple statutes to understand timing and investment accounting effects.","Delegation of activity definition to the Biomedical Translation Fund Programme Guidelines introduces off-instrument discretion about eligible commercialisation activities and costs.","Accounting mechanics include an allowance to \"reduce the balance of the special account without making a real or notional payment,\" which is an atypical budgetary mechanism that affects appropriation availability.","Varied permitted credit sources (appropriations, operational receipts, and third‑party payments) create multiple funding streams with different compliance and reporting implications.","Designation of the Secretary as accountable authority centralises decision-making and compliance responsibilities within the Department of Health and Aged Care."],"plain_english_summary":"This determination creates the \"Biomedical Translation Fund Special Account 2023\" under the Public Governance, Performance and Accountability Act, names the Secretary of the Department of Health and Aged Care as the accountable authority, and sets its commencement. It allows the account to receive parliamentary appropriations, receipts from related functions, and payments from third parties.\n\nMoney in the account may be used to provide capital for commercialising biomedical discoveries (per the Biomedical Translation Fund Programme Guidelines), meet incidental direct and indirect costs, make repayments required by law, and reduce the account balance without an external payment."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard, narrow-purpose special account determination. It establishes exactly what it says on the tin: a special account for the Biomedical Translation Fund. The scope matches the title and intent precisely, with no mission creep or expansion beyond the core function of managing capital for biomedical commercialisation."},"complexity_factors":["Very short instrument (only 8 sections)","Minimal defined terms (only 2: 'Act' and 'the special account')","No cross-references to other legislation beyond the enabling PGPA Act section","Simple conditional logic - essentially a list of permitted credits and debits","No nested exceptions or complex procedural requirements","Straightforward purpose-based structure (establishment, then credits/debits)"],"plain_english_summary":"The law creates the Biomedical Translation Fund Special Account 2023 — a dedicated, legally controlled “bucket” within public finance managed by the Secretary of the Department of Health and Aged Care. It holds Parliamentary appropriations, program income, third‑party contributions and investment returns, and may be used to provide capital to translate biomedical discoveries into commercial products, cover related costs and repayments, and make agreed accounting adjustments. It ensures targeted, transparent oversight of public funds for medical translation."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-biomedical-translation-fund-special-account-2023","history":"/api/acts/pgpa-act-determination-biomedical-translation-fund-special-account-2023/history","analysis":"/api/acts/pgpa-act-determination-biomedical-translation-fund-special-account-2023/analysis","conflicts":"/api/acts/pgpa-act-determination-biomedical-translation-fund-special-account-2023/conflicts","importantCases":"/api/acts/pgpa-act-determination-biomedical-translation-fund-special-account-2023/important-cases","documents":"/api/acts/pgpa-act-determination-biomedical-translation-fund-special-account-2023/documents"}}