{"id":"F2016L01331","name":"PGPA Act Determination (Christmas Island Phosphate Mining Rehabilitation Special Account 2016) — Establishment","slug":"pgpa-act-determination-christmas-island-phosphate-mining-rehabilitation-special-account-2016-establi","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94882,"registerId":"commonwealth-F2016L01331-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Christmas Island Phosphate Mining Rehabilitation Special Account 2016) — Establishment","content":"![Commonwealth Coat of Arms](image.001.png)\n\nPGPA Act Determination (Christmas Island Phosphate Mining Rehabilitation 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 (Christmas Island Phosphate Mining Rehabilitation 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 and effect\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in the determination.\n\nNote 2: Subsection 50(1) of the Legislation Act 2003 provides that a legislative instrument is repealed automatically on the first of 1 April or 1 October ten years after being registered on the FRL.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 Christmas Island Phosphate Mining Rehabilitation 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) amounts received by the Commonwealth from other governments or persons for the purposes of the special account;\n    (b) amounts received in the course of the performance of functions relating to the purposes of the special account;\n    (c) amounts debited from the Christmas Island Phosphate Mining Rehabilitation Special Account, established by the Financial Management and Accountability Determination 2006/11\\- Christmas Island Phosphate Mining Rehabilitation 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 a special account is repaid, the amount may be credited to the special account, refer to 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 in relation to rehabilitating phosphate mine sites on Christmas Island in accordance with environmental management and rehabilitation plans;\n\n(b) to reduce the balance of the special account (and, therefore, the available appropriation) without making a real or notional payment;\n\n(c) 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), 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: (b) 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 Infrastructure and Regional Development.\n\nPart 2 – Transitional Variation\n\nSection 5 of the Financial Management and Accountability Determination 2006/11 — Christmas Island Phosphate Mining Rehabilitation Special Account Establishment 2006 is varied by adding at the end:\n\n; and (d) credit amounts to the Christmas Island Phosphate Mining Rehabilitation Special Account 2016.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It is a straightforward machinery provision creating a special account for a specific, limited purpose (Christmas Island phosphate mine rehabilitation). The transitional variation merely facilitates the transfer of remaining funds from the old account to the new one under the updated legislative framework, without expanding the purposes or beneficiaries."},"complexity_factors":["Short instrument: only 8 substantive sections plus a transitional variation","Minimal defined terms: only 1 definition ('PGPA Act') in section 4","Straightforward structure: establishment, credits, purposes, accountable authority — follows a standard template for special account determinations","Limited cross-referencing: references to the PGPA Act and one superseded determination (2006/11), but no complex nested provisions","Clear conditional logic: purposes and credits are listed in simple paragraphs (a), (b), (c) format without exceptions to exceptions","Transitional provision is simple: single amendment adding one subparagraph to the old determination"],"plain_english_summary":"This law creates the Christmas Island Phosphate Mining Rehabilitation Special Account to hold and ring-fence funds for cleaning up and repairing old phosphate mine sites on Christmas Island. The account — managed by the Department Secretary — receives payments related to rehabilitation and earnings from the work and can be spent only on remediation, certain accounting adjustments, and required repayments.\n\nIt affects the department that manages the funds, contracted remediation providers, and parties with financial or liability interests in the old mines, ensuring dedicated funding under current public‑finance rules."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Re-establishes the Christmas Island phosphate rehabilitation account under the PGPA Act framework and continues the same rehabilitation purpose while changing administrative and funding mechanics: it explicitly allows transfers from the prior 2006 account, permits non‑payment reductions of the account balance, and fixes the Department of Infrastructure and Regional Development Secretary as accountable authority (see s.5, s.6(c), s.7(b), Part 2)."},"complexity_factors":["Cross-references to multiple Acts and provisions (PGPA Act subsections used for establishment, commencement and appropriation: see s.2, s.3, s.4).","Multiple funding pathways allowed (payments from other governments/persons; receipts from performance of related functions; transfers from the 2006 account) (s.6(a)–(c); Part 2).","Unusual debit purpose permitting reduction of the account balance without making a payment (s.7(b)), which creates a non‑cash appropriation effect to monitor.","Transitional variation alters an earlier Financial Management and Accountability determination to route credits to the new account (Part 2), adding an administrative transfer step.","Automatic repeal timing and registration mechanics referenced (Legislation Act interaction noted in s.2), meaning the instrument has a limited statutory lifespan to 1 October 2026.","Clear assignment of accountable authority to a Department Secretary (s.8), concentrating administrative discretion and decision‑making."],"plain_english_summary":"This determination creates the \"Christmas Island Phosphate Mining Rehabilitation Special Account 2016\": a Commonwealth special account to hold and spend money for rehabilitating phosphate mine sites on Christmas Island. It authorises credits (including transfers from a 2006 account), debits for rehabilitation payments, balance reductions without payment, and required repayments, and names the Secretary of the Department of Infrastructure and Regional Development as the accountable authority."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-christmas-island-phosphate-mining-rehabilitation-special-account-2016-establi","history":"/api/acts/pgpa-act-determination-christmas-island-phosphate-mining-rehabilitation-special-account-2016-establi/history","analysis":"/api/acts/pgpa-act-determination-christmas-island-phosphate-mining-rehabilitation-special-account-2016-establi/analysis","conflicts":"/api/acts/pgpa-act-determination-christmas-island-phosphate-mining-rehabilitation-special-account-2016-establi/conflicts","importantCases":"/api/acts/pgpa-act-determination-christmas-island-phosphate-mining-rehabilitation-special-account-2016-establi/important-cases","documents":"/api/acts/pgpa-act-determination-christmas-island-phosphate-mining-rehabilitation-special-account-2016-establi/documents"}}