{"id":"F2016L01330","name":"PGPA Act Determination (Indigenous Repatriation Special Account 2016) — Establishment","slug":"pgpa-act-determination-indigenous-repatriation-special-account-2016-establishment","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94880,"registerId":"commonwealth-F2016L01330-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Indigenous Repatriation Special Account 2016) — Establishment","content":"![Commonwealth Coat of Arms](image.001.png)\n\nPGPA Act Determination (Indigenous Repatriation 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\n1 Name\n\nThis instrument is the PGPA Act Determination (Indigenous Repatriation 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in the determination.\n\nNote 2: Subsection 50(1) of the Legislation Act 2003 provides that a legislative instrument is repealed automatically on the first of 1 April or 1 October ten years after being registered on the FRL.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 Indigenous Repatriation 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 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\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 associated with developing and conducting projects, programs and strategies associated with the repatriation of Indigenous ancestral remains and secret sacred objects;\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.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination does not alter the PGPA Act’s statutory framework; it exercises the PGPA Act power to create a named special account limited to repatriation of Indigenous ancestral remains and secret sacred objects, sets permitted credits and debits, assigns the accountable authority, and specifies commencement and expiry mechanics (ss2–8). It specifies application of existing PGPA mechanisms rather than changing their scope."},"complexity_factors":["Establishes a specific special account under PGPA Act authority (s5; made under s78(1) — s3).","Defines permitted credits narrowly: receipts from related functions and payments by any person (s6).","Specifies permitted debits including project payments, incidental/admin costs, repayments, and an explicit power to reduce the balance without making a payment (s7(a)–(d); s7(c) raises non‑payment accounting effects).","Appropriation linkage to Consolidated Revenue Fund is noted (s7 Note 1 referencing s78(4) of PGPA Act), creating interaction with appropriation law.","Administrative and error‑correction debit rules are flagged (note to s7: clerical mistake/fundamental mistake of fact or law; legal advice recommended).","Commencement and expiry mechanics refer to PGPA Act disallowance timing and automatic repeal under the Legislation Act (s2 and s2 Note 2), adding timing and lifecycle constraints.","Accountable authority is designated to the Secretary of the Department of Communications and the Arts (s8), concentrating decision and compliance responsibility."],"plain_english_summary":"This determination establishes the Indigenous Repatriation Special Account 2016 to hold and spend money for projects and programs that repatriate Indigenous ancestral remains and secret sacred objects, and for related administration. Money may be credited from receipts linked to those functions or from payments by any person; the Secretary of the Department of Communications and the Arts is the accountable authority. It matters because it channels funding and decision‑rights for repatriation work, setting who pays, who decides, and what transactions are permitted."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It was always intended to create a dedicated funding mechanism specifically for Indigenous repatriation activities, and it does exactly that without expansion into broader cultural heritage or Indigenous affairs matters."},"complexity_factors":["Only 1 defined term ('PGPA Act') in the interpretation section","Straightforward structure following the template requirements of section 78 of the PGPA Act (establishment, credits, purposes, accountable authority)","No nested exceptions or conditional logic — purposes are listed exhaustively in plain language","Minimal cross-referencing — only refers back to the enabling PGPA Act provisions","Short length (8 sections, approximately 2 pages)","Standard administrative machinery provisions common to all special account determinations"],"plain_english_summary":"This legislation creates a dedicated \"Indigenous Repatriation Special Account 2016\" to hold funds (budget appropriations, donations, repayments) solely for returning Indigenous ancestral remains and sacred cultural objects and for the account’s administration. It affects Indigenous communities seeking repatriation, the department that manages the funds, and museums or collections involved, and important because it safeguards and makes transparent money specifically for addressing historic removals."},"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-indigenous-repatriation-special-account-2016-establishment","history":"/api/acts/pgpa-act-determination-indigenous-repatriation-special-account-2016-establishment/history","analysis":"/api/acts/pgpa-act-determination-indigenous-repatriation-special-account-2016-establishment/analysis","conflicts":"/api/acts/pgpa-act-determination-indigenous-repatriation-special-account-2016-establishment/conflicts","importantCases":"/api/acts/pgpa-act-determination-indigenous-repatriation-special-account-2016-establishment/important-cases","documents":"/api/acts/pgpa-act-determination-indigenous-repatriation-special-account-2016-establishment/documents"}}