{"id":"F2016L01334","name":"PGPA Act Determination (Sport and Recreation Special Account 2016) — Establishment","slug":"pgpa-act-determination-sport-and-recreation-special-account-2016-establishment","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94889,"registerId":"commonwealth-F2016L01334-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Sport and Recreation Special Account 2016) — Establishment","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nPGPA Act Determination (Sport and Recreation Special Account 2016) — Establishment\n\nmade under subsection 78(1) of the\n\nPublic Governance, Performance and Accountability Act 2013\n\nCompilation No. 1\n\nCompilation date: 1 September 2025\n\nIncludes amendments: F2025L00851\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the PGPA Act Determination (Sport and Recreation Special Account 2016) — Establishment that shows the text of the law as amended and in force on 1 September 2025 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).\n\nApplication, saving and transitional provisions\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nPresentational changes\n\nThe Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nPart 1 ‑ Establishment\n\n1 Name\n\nThis instrument is the PGPA Act Determination (Sport and Recreation 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\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 Sport and Recreation Special Account 2016 (the special account).\n\n6 Credits to the special account\n\nFor 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\n(b) an amount received from any person for the purposes of this special account;\n\n(c) amounts debited from the Sport and Recreation Special Account, established by the Financial Management and Accountability Determination 2006/20 – Sport and Recreation 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 (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 to the Commonwealth, 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 undertaking sport and recreation‑related projects and agreed activities of common interest to the Meeting of Sport and Recreation Ministers, its successor or subordinate bodies, considered by those Ministers to benefit all or a majority of members;\n\n(b) to disburse or repay amounts in relation to incidental activities;\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(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(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(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 Infrastructure, Transport, Regional Development, Communications, Sport and the Arts.\n\nPart 2 – Transitional Variation\n\nSubsection 5(1) of the Financial Management and Accountability Determination 2006/20 — Sport and Recreation Special Account Establishment 2006 is varied by adding at the end:\n\n; and (e) credit amounts to the Sport and Recreation Special Account 2016.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted                         | orig = original                          |\n| ---------------------------------------------- | ---------------------------------------- |\n| am = amended                                   | p = page(s)                              |\n| amdt = amendment                               | para = paragraph(s)/subparagraph(s)      |\n| C[x] = Compilation No. x                       | /sub‑subparagraph(s)                     |\n| ch = Chapter(s)                                | pres = present                           |\n| cl = clause(s)                                 | prev = previous                          |\n| cont. = continued                              | (prev…) = previously                     |\n| def = definition(s)                            | pt = Part(s)                             |\n| Dict = Dictionary                              | r = regulation(s)/Court rule(s)          |\n| disallowed = disallowed by Parliament          | reloc = relocated                        |\n| div = Division(s)                              | renum = renumbered                       |\n| ed = editorial change                          | rep = repealed                           |\n| exp = expires/expired or ceases/ceased to have | rs = repealed and substituted            |\n| effect                                         | s = section(s)/subsection(s)             |\n| gaz = gazette                                  | /rule(s)/subrule(s)/order(s)/suborder(s) |\n| LA = Legislation Act 2003                      | sch = Schedule(s)                        |\n| LIA = Legislative Instruments Act 2003         | SLI = Select Legislative Instrument      |\n| (md) = misdescribed amendment can be given     | SR = Statutory Rules                     |\n| effect                                         | sub ch = Sub‑Chapter(s)                  |\n| (md not incorp) = misdescribed amendment       | sub div = Subdivision(s)                 |\n| cannot be given effect                         | sub pt = Subpart(s)                      |\n| mod = modified/modification                    | underlining = whole or part not          |\n| No. = Number(s)                                | commenced or to be commenced             |\n| Ord = Ordinance                                |                                          |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                               | Registration               | Commencement               | Application, saving and transitional provisions |\n| ---------------------------------------------------------------------------------- | -------------------------- | -------------------------- | ----------------------------------------------- |\n| PGPA Act Determination (Sport and Recreation Special Account 2016) — Establishment | 26 Aug 2016 (F2016L01334)  | 15 Sept 2016 (s 2)         |                                                 |\n| PGPA Act Determination (Sport and Recreation Special Account Amendment 2025)       | 15 July 2025 (F2025L00851) | 1 Sep 2025 (s 2(1) item 1) | —                                               |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected       | How affected   |\n| ------------------------ | -------------- |\n| Part 1                   |                |\n| s 2..................... | rep LA s 48D   |\n| s 8..................... | am F2025L00851 |","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose of establishing and operating a special account for sport and recreation funding. The 2025 amendment merely facilitates transfers from a predecessor account, which is consistent with the original intent of managing sport and recreation finances rather than expanding into new policy areas."},"complexity_factors":["Only 1 defined term ('PGPA Act') in section 4","Straightforward structure: 2 short Parts with 8 sections total","Minimal cross-referencing (only references to PGPA Act sections 74 and 78)","Simple conditional logic: credits allowed for 3 specific purposes, debits allowed for 4 specific purposes","No nested exceptions or complex provisos","Single transitional provision modifying one subsection of a 2006 determination","Total length: approximately 2 pages of substantive content"],"plain_english_summary":"The legislation creates the Sport and Recreation Special Account 2016, a dedicated Commonwealth bank account, controlled by the Department’s Secretary, to receive sport-related receipts, donations and transfers from the older 2006 account. Funds can be used for national sport and recreation projects agreed by state and territory ministers, related administration, and corrections. It streamlines funding for multi‑jurisdictional sporting initiatives without separate parliamentary appropriation for each transaction."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument creates a new special account and, by Part 2, authorises the earlier 2006 Determination to credit amounts into the 2016 account (Part 2). The 2025 amendment history shows section 8 was amended (F2025L00851), updating the accountable authority entry; together these alter where funds from the prior arrangement may be transferred and clarify administrative responsibility (s5, s6, s7, Part 2; endnotes)."},"complexity_factors":["Cross-references to the PGPA Act, Appropriation Acts and PGPA Rule creating layered legal interactions (s3; notes to s6–7).","Multiple categories of permitted credits and debits with conditional rules and notes about reconciliation and repayments (s6; s7).","Provision allowing administrative debits for administration and for correcting mistaken credits introduces discretion and requires legal advice per note (s7 Note 2).","Transitional variation linking this instrument to the earlier Financial Management and Accountability Determination 2006/20 increases operational complexity (Part 2).","Compilation, amendment and commencement metadata (endnotes) mean users must track later amendments and uncommenced changes to understand current scope."],"plain_english_summary":"Establishes the \"Sport and Recreation Special Account 2016\" and names the Secretary of the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts as the accountable authority (s5, s8). It specifies what money may be credited (amounts from related functions, payments from any person, and transfers from the earlier 2006 account) and what may be debited (payments for agreed sport and recreation projects, incidental costs, balance reductions, and required repayments) (s6–7). Part 2 permits the 2006 Determination to credit amounts to the new account."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-sport-and-recreation-special-account-2016-establishment","history":"/api/acts/pgpa-act-determination-sport-and-recreation-special-account-2016-establishment/history","analysis":"/api/acts/pgpa-act-determination-sport-and-recreation-special-account-2016-establishment/analysis","conflicts":"/api/acts/pgpa-act-determination-sport-and-recreation-special-account-2016-establishment/conflicts","importantCases":"/api/acts/pgpa-act-determination-sport-and-recreation-special-account-2016-establishment/important-cases","documents":"/api/acts/pgpa-act-determination-sport-and-recreation-special-account-2016-establishment/documents"}}