{"id":"F2017L00251","name":"PGPA Act Determination (Establishment of NMF Blood and Blood Products Special Account 2017)","slug":"pgpa-act-determination-establishment-of-nmf-blood-and-blood-products-special-account-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439138,"registerId":"F2017L00251-fast-fetch-1775955262977","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Establishment of NMF Blood and Blood Products Special Account 2017)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nPGPA Act Determination (Establishment of NMF Blood and Blood Products Special Account 2017)\n\nI, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make the following determination.\n\nDated    15/3/2017\n\nMATHIAS HUBERT PAUL CORMANN\n\nMinister for Finance\n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary \n\n1  Name ...................................................\n\n2  Commencement.............................................\n\n3  Authority.................................................\n\n4  Definitions................................................\n\nPart 2—Establishment of the special account \n\n5  Establishment of the special account.................................\n\n6  Amounts that may be credited to the special account........................\n\n7  Purposes of the special account....................................\n\nPart 3—Transitional provisions \n\n8  Amendment of the former special account..............................\n\n9  Amounts that may be credited from the former special account.................\n\nPart 4—Accountable authority \n\n10  Accountable authority responsible for the special account....................\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the PGPA Act Determination (Establishment of NMF Blood and Blood Products Special Account 2017).\n\n2  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 \n\n| Column 1 | Column 2 | Column 3 |\n| --- | --- | --- |\n| Provisions | Commencement | Date/Details |\n| The whole of this instrument | The day mentioned in paragraph 79(5)(a) of the Act as the day on which a determination made under subsections 78(1) and 78(3) of that Act takes effect. |  |\n\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.\n\n3  Authority\n\n  This instrument is made under subsections 78(1) and 78(3) of the Public Governance, Performance and Accountability Act 2013.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Public Governance, Performance and Accountability Act 2013.\n\nformer determination means the Financial Management and Accountability Determination 2004/16 — National Managed Fund (Blood and Blood Products) Special Account Establishment 2004, as in force immediately before the commencement of this section.\n\nformer special account means the National Managed Fund (Blood and Blood Products) Special Account established by section 3 of the former determination.\n\nOfficial Public Account means the Commonwealth’s central bank account.\n\nthe special account means the NMF Blood and Blood Products Special Account 2017.\n\nPart 2—Establishment of the special account\n\n \n\n5  Establishment of the special account\n\n  For the purposes of paragraph 78(1)(a) of the Act, the NMF Blood and Blood Products Special Account 2017 is established as a special account (the special account).\n\n6  Amounts that may be credited to the special account\n\n  For the purposes of paragraph 78(1)(b) of the Act, amounts up to and equal to the following may be credited to the special account:\n\n (a) amounts received in the course of the performance of functions that relate to the purposes of the special account;\n\n (b) amounts received from any person for the purposes of the special account.\n\n7  Purposes of the special account\n\n  For the purposes of paragraph 78(1)(c) of the Act, the purposes for which amounts may be debited from the special account are as follows:\n\n (a) in connection with the activities of the Australian Red Cross Society in relation to blood or blood products, or substitutes for blood or blood products (whether directly with the Australian Red Cross Society, or with a relevant third party), to make a payment:\n\n  (i) to meet liabilities of the Australian Red Cross Society;\n\n  (ii) to manage, defend, settle or otherwise deal with claims against the Australian Red Cross Society;\n\n  (iii) to manage risks to reduce the incidence or size of potential liabilities or claims against the Australian Red Cross Society;\n\n (b) to make a payment (including a notional payment) to the Commonwealth, a State, a Territory or the Australian Red Cross Society in proportions which are to be agreed by the parties;\n\n (c) to repay to an original payer amounts credited to the special account or to the former special account, after any necessary payments made for the purposes mentioned in paragraphs (a) or (b);\n\n (d) to carry out activities that are incidental to a purpose mentioned in paragraphs (a) or (b) including, but not limited to:\n\n (i) the administration of the special account; and\n\n (ii) dealing with direct and indirect costs;\n\n (e) to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment, including to give effect to the remittance of amounts to the Official Public Account as agreed between the Finance Minister and the responsible minister;\n\n (f) to repay amounts where an Act or other law requires or permits the repayment of an amount received.\n\nPart 3—Transitional provisions\n\n \n\n8  Amendment of the former special account\n\n  For the purposes of paragraph 78(3) of the Act, the former determination is varied as follows:\n\n \n\nInsert in subsection 5(1):\n\n \n\n(e) to credit amounts to the NMF Blood and Blood Products Special Account 2017.\n\n \n\n9  Amounts that may be credited from the former special account\n\n  For the purposes of paragraph 78(1)(b) of the Act, if, immediately before the commencement of this section, there is an amount standing to the credit of the former special account, then an amount up to or equal to that amount may be debited from the former special account and credited to the special account.\n\n \n\nPart 4—Accountable authority\n\n \n\n10  Accountable authority responsible for the special account\n\n  For the purposes of paragraph 78(1)(d) of the Act, the accountable authority responsible for the special account is the General Manager of the National Blood Authority.\n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This legislation maintains the same scope as its predecessor. It is a straightforward re-establishment of an existing special account under modernised legislative framework (PGPA Act 2013 replacing the old Financial Management and Accountability Act 1997). The purposes remain focused on blood and blood products funding for the Australian Red Cross Society, with the same fundamental cost-sharing arrangement between governments and the Red Cross."},"complexity_factors":["Short document (only 10 sections across 4 Parts)","Only 4 defined terms in the interpretation section (section 4)","Straightforward structure following the template requirements of section 78 of the PGPA Act","Limited conditional logic — primarily simple authorisations and purposes","One transitional provision (section 9) with a simple condition ('if... immediately before commencement')","Cross-references limited to the PGPA Act and the repealed former determination","No nested exceptions or complex definitional chains"],"plain_english_summary":"This law creates the NMF Blood and Blood Products Special Account 2017 — a dedicated government fund to manage payments, liabilities, legal claims, risk sharing and administrative costs related to Australia’s blood and blood products. The National Blood Authority will administer it, and the account involves the Australian Red Cross, Commonwealth, states/territories and donors.\n\nIt replaces the previous 2004 account and modernises the legal framework under the PGPA Act to ensure continuity of funding for blood services."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Replaces the former National Managed Fund (Blood and Blood Products) special account with a newly established NMF Blood and Blood Products Special Account 2017, permits transfer of any existing balance from the former account to the new account, and codifies the purposes and authorised credit/debit sources for the new account (see sections 5, 8–9). The determination preserves and restates payment purposes related to Australian Red Cross Society liabilities and associated administrative and remittance mechanics."},"complexity_factors":["Cross-references to the PGPA Act (subsections 78(1) and 78(3)) and reliance on the Act for commencement timing (section 2) — legal dependency increases interpretation steps.","Multiple and overlapping debit purposes including meeting liabilities, defending/settling claims, risk-management payments, notional payments to governments or the Red Cross, repayments to original payers, administration and remittances (section 7).","Allowance for 'notional payments' and payments 'in proportions to be agreed' introduces negotiation and accounting complexity for intergovernmental and interparty cost allocation (section 7(b)).","Transitional mechanics to move balances and amend the former determination, including a specific power to debit the former special account and credit the new account (sections 8–9).","Definition linkage to the former determination and former special account requires reading legacy instrument text to assess historic entitlements and balances (section 4).","Specified accountable authority (General Manager, National Blood Authority) centralises decision-making but requires users to identify administrative responsibility for compliance and approvals (section 10).","Permitted credit sources are broad (‘amounts received in the course of the performance of functions’ and ‘amounts received from any person’), which expands possible funding streams and accounting treatments (section 6).","Provision to reduce the special account balance without a real payment to effect remittance arrangements introduces non-cash accounting entries and coordination with the Finance Minister and responsible minister (section 7(e))."],"plain_english_summary":"This determination sets up the NMF Blood and Blood Products Special Account 2017 to hold and spend money related to blood, blood products and substitutes. It lets money received in performing related functions or paid by any person be credited, and allows withdrawals to meet liabilities, defend or settle claims, manage risk, repay original payers, cover administration and remit agreed sums to the Official Public Account. The General Manager of the National Blood Authority is the accountable authority."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-establishment-of-nmf-blood-and-blood-products-special-account-2017","history":"/api/acts/pgpa-act-determination-establishment-of-nmf-blood-and-blood-products-special-account-2017/history","analysis":"/api/acts/pgpa-act-determination-establishment-of-nmf-blood-and-blood-products-special-account-2017/analysis","conflicts":"/api/acts/pgpa-act-determination-establishment-of-nmf-blood-and-blood-products-special-account-2017/conflicts","importantCases":"/api/acts/pgpa-act-determination-establishment-of-nmf-blood-and-blood-products-special-account-2017/important-cases","documents":"/api/acts/pgpa-act-determination-establishment-of-nmf-blood-and-blood-products-special-account-2017/documents"}}