PGPA Act Determination (Indigenous Repatriation Special Account 2016) — Establishment

Overview

The Public Governance, Performance and Accountability Act 2013 was enacted to provide a comprehensive framework for the management of public finances in Australia. This Act was introduced to address the need for better governance, accountability, and transparency in the financial operations of the Commonwealth and its entities. The PGPA Act aims to ensure that public resources are used effectively, efficiently, and economically, and that the performance of public entities is measured and reported against agreed objectives. The Act was passed by the Australian Parliament, reflecting the policy objective of enhancing public sector accountability and performance. Under this Act, the Minister for Finance has the authority to establish special accounts to manage specific financial activities, such as the Indigenous Repatriation Special Account 2016, which was established to fund the recovery and return of ancestral remains and secret sacred objects to their communities of origin.

Scope and Application

The Public Governance, Performance and Accountability Act 2013 PGPA Act Determination (Indigenous Repatriation Special Account 2016) — Establishment is a legislative instrument made under subsection 78(1) of the PGPA Act to establish a special account dedicated to the Indigenous Repatriation Program. This program involves the recovery and return of ancestral remains and secret sacred objects to their communities of origin, which may include research, consultation, negotiation, and repatriation activities both domestically and internationally. The special account, known as the Indigenous Repatriation Special Account 2016, is an appropriation mechanism that sets aside funds within the Consolidated Revenue Fund for these specified purposes. This account ensures that the necessary resources are allocated and managed for the activities associated with the Indigenous Repatriation Program. The determination is subject to disallowance by either House of the Parliament, and it does not require a Statement of Compatibility with Human Rights as it is not subject to disallowance under section 42 of the Legislation Act 2003. The determination was prepared with consultation from the Department of Communications and the Arts.

Key Provisions

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) Determination (Indigenous Repatriation Special Account 2016) — Establishment (F2016L01330) under subsection 78(1) of the PGPA Act establishes the Indigenous Repatriation Special Account 2016 (subsection 78(1)). The special account is intended to manage activities related to the Indigenous Repatriation Program, which involves the recovery and return of ancestral remains and secret sacred objects to their communities of origin (subsection 78(1)). This program entails research, consultation, negotiation, and repatriation activities both domestically and internationally, and these activities may span several years (subsection 78(1)). The special account serves as an appropriation mechanism that sets aside amounts within the Consolidated Revenue Fund (CRF) for spending on specified purposes, as outlined in the establishing determination or Act (subsection 81). Payments made for the purposes of a special account are supported by an appropriation in the PGPA Act (subsection 78(4)). The obligations and requirements imposed by the PGPA Act Determination on the parties or entities it governs include the establishment of a special account to manage funds specifically allocated for the Indigenous Repatriation Program. The account is intended to streamline the process of recovering and returning ancestral remains and secret sacred objects to their communities of origin, ensuring that these activities are conducted in a manner that is respectful and culturally appropriate. This involves engaging in extensive research, consultation, and negotiation, both domestically and internationally. The special account determination also mandates that the Finance Minister must table a copy of the determination in each House of the Parliament (subsection 79(3)), and that it is subject to disallowance by either House (subsection 79(4)). If neither House passes a resolution to disallow the determination, it comes into effect on the day immediately after the last day on which it could have been disallowed, or on a later day if specified in the determination (subsection 79(5)). The legislation does not specify any offences, penalties, or civil/criminal consequences for breach. However, the disallowance process provides a mechanism for Parliament to review and potentially reject the special account determination if it is deemed inappropriate or ineffective. The disallowance period starts on the day a special account determination is tabled in the House and ends on the fifth sitting day after the determination was tabled in that House (subsection 79(4)). If neither House passes a resolution to disallow a special account determination, it comes into effect on the day immediately after the last day on which it could have been disallowed, or on a later day if specified in the determination (subsection 79(5)). The special account determination is not subject to disallowance under section 42 of the Legislation Act 2003 (subsection 79(2)), and therefore, a Statement of Compatibility with Human Rights is not required (subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011).