Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015-2016 (Cth)

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Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015‑2016

made under section 75 of the

Public Governance, Performance and Accountability Act 2013

Compilation No. 7

Compilation date:    30 June 2017

Includes amendments up to:           Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 7)

About this compilation

This compilation

This is a compilation of the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015-2016 that shows the text of the law as amended and in force on 30 June 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If 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.

Modifications

If 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. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1  Name. ...................................................................................................................................... 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Modification of Appropriation Acts......................................................................................... 1

6  Modification of Appropriation Act (No. 1) 2015‑2016............................................................ 2

7  Modification of Appropriation Act (No. 2) 2015-2016............................................................ 5

8  Modification of Appropriation Act (No. 3) 2015-2016............................................................ 7

Endnotes8

Endnote 1—About the endnotes  8

Endnote 2—Abbreviation key  9

Endnote 3—Legislation history  10

Endnote 4—Amendment history  11

1  Name

This is the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015‑2016.

2  Commencement

This instrument commences on 1 November 2015.

3  Authority

This instrument is made under section 75 of the Public Governance, Performance and Accountability Act 2013.

4  Definitions

Appropriation Act means:

(a)  the Appropriation Act (No. 1) 2015‑2016; or

(b)  the Appropriation Act (No. 2) 2015‑2016; or

(c)  the Appropriation (Parliamentary Departments) Act (No. 1) 2015‑2016; or

(d)  the Appropriation Act (No. 3) 2015‑2016; or

(e)  the Appropriation Act (No. 4) 2015‑2016.

appropriation item means an item within the meaning of an Appropriation Act.

entity means a non-corporate entity within the meaning of an Appropriation Act.

5  Modification of Appropriation Acts

The Appropriation Acts have effect as if:

(a)references in the Acts to the Agriculture Portfolio were references to the Agriculture and Water Resources Portfolio; and

(b)references in the Acts to the Department of Agriculture were references to the Department of Agriculture and Water Resources; and

(c)references in the Acts to the Communications Portfolio were references to the Communications and the Arts Portfolio; and

(d)references in the Acts to the Department of Communications were references to the Department of Communications and the Arts; and

(e)references in the Acts to the Industry and Science Portfolio were references to the Industry, Innovation and Science Portfolio; and

(f)references in the Acts to the Department of Industry and Science were references to the Department of Industry, Innovation and Science; and

(g)references in the Acts to the Environment Portfolio were references to the Environment and Energy Portfolio; and

(h)references in the Acts to the Department of the Environment were references to the Department of the Environment and Energy.

6  Modification of Appropriation Act (No. 1) 2015‑2016

(1)  This section applies to the Appropriation Act (No. 1) 2015‑2016.

(2)  The Act has effect as follows:

(a)as if Outcome 1 for the Department of Education and Training in Schedule 1 to the Act were replaced with the following outcome:

Improved early learning, schooling, student educational outcomes and transitions to and from school through access to quality child care, support, parent engagement, quality teaching and learning environments

(b)as if the following Outcome were included for the Department of Agriculture and Water Resources in Schedule 1 to the Act:

Outcome 3

Improve the health of rivers and freshwater ecosystems and water use efficiency through implementing water reforms, and ensuring enhanced sustainability, efficiency and productivity in the management and use of water resources

(c)as if the following Outcome were included for the Department of Health in Schedule 1 to the Act:

Outcome 11

Improved wellbeing for older Australians through targeted support, access to quality care and related information services

(d)as if the following Outcome were included for the Department of Communications and the Arts in Schedule 1 to the Act:

Outcome 2

Participation in, and access to, Australia’s arts and culture through developing and supporting cultural expression

(2A)  The Act has effect as if corporate entity items for corporate entities as follows were included for the Communications and the Arts Portfolio in Schedule 1 to the Act:

Australia Council

Australian Film, Television and Radio School

Australian National Maritime Museum

National Film and Sound Archive of Australia

National Gallery of Australia

National Library of Australia

National Museum of Australia

National Portrait Gallery of Australia

Screen Australia

(3)  The Act has effect:

(a)as if appropriation items in Schedule 1 to the Act were increased or decreased in accordance with the following table; and

(b)if the table specifies an increase for an appropriation item which is an appropriation item that has effect because of this determination – as if the increase were from a nil amount.

Increases and decreases in appropriation items
Item Entity Appropriation item Increase (+)/
decrease (‑)
($’000)
1 Department of Agriculture and Water Resources Administered item, Outcome 3 +315,885
2 Department of the Environment Administered item, Outcome 4 -315,885
3 Department of Agriculture and Water Resources Departmental item +16,620
4 Department of the Environment Departmental item -11,932
5 Department of Health Administered item, Outcome 11 +1,507,863.25378
6 Department of Social Services Administered item, Outcome 3 -1,507,863.25378
7 Department of Education and Training Administered item, Outcome 1 +303,735
8 Department of Social Services Administered item, Outcome 2 -303,735
9 Department of Health Departmental item +133,001
10 Department of Education and Training Departmental item +37,427
11 Department of Social Services Departmental item -143,801
12 Department of Human Services Departmental item -34,104
13 Department of Communications and the Arts Administered item, Outcome 2 +122,753.1853
14 Attorney-General’s Department Administered item, Outcome 2 -122,753.1853
15 Department of Communications and the Arts Corporate entity item, Australia Council +49,526
16 Attorney-General’s Department Corporate entity item, Australia Council -49,526
17 Department of Communications and the Arts Corporate entity item, Australian Film, Television and Radio School +14,033.834
18 Attorney-General’s Department Corporate entity item, Australian Film, Television and Radio School -14,033.834
19 Department of Communications and the Arts Corporate entity item, Australian National Maritime Museum +7,330
20 Attorney-General’s Department Corporate entity item, Australian National Maritime Museum -7,330
21 Department of Communications and the Arts Corporate entity item, National Film and Sound Archive +13,895
22 Attorney-General’s Department Corporate entity item, National Film and Sound Archive -13,895
23 Department of Communications and the Arts Corporate entity item, National Library of Australia +29,300
24 Attorney-General’s Department Corporate entity item, National Library of Australia -29,300
25 Department of Communications and the Arts Corporate entity item, National Museum of Australia +18,301
26 Attorney-General’s Department Corporate entity item, National Museum of Australia -18,301
27 Department of Communications and the Arts Corporate entity item, National Portrait Gallery of Australia +5,505
28 Attorney-General’s Department Corporate entity item, National Portrait Gallery of Australia -5,505
29 Department of Communications and the Arts Corporate entity item, Screen Australia +6,002
30 Attorney-General’s Department Corporate entity item, Screen Australia -6,002
31 Department of the Environment Administered item, Outcome 2 +182,180
32 Department of Industry, Innovation and Science Administered item, Outcome 1 -179,988
33 Department of Communications and the Arts Administered item, Outcome 1 -2,192
34 Department of Industry, Innovation and Science Departmental item +578
35 Department of Communications and the Arts Departmental item +13,938.323
36 Attorney-General’s Department Departmental item -18,997.323
37 Department of the Treasury Departmental item -1,000
38 Department of the Prime Minister and Cabinet Departmental item +2,929
39 Department of Finance Departmental item +2,331
40 Digital Transformation Office Departmental item +514
41 Department of Infrastructure and Regional Development Departmental item -1,813
42 Federal Court of Australia Departmental item +10,611.44196
43 Family Court and Federal Circuit Court Departmental item -10,611.44196
44 Department of Employment Departmental item +4,309

7  Modification of Appropriation Act (No. 2) 2015-2016

(1)  This section applies to the Appropriation Act (No. 2) 2015‑2016.

(2)  The Act has effect as follows:

(a)as if the Outcome in Column 2 in Schedule 1 and Outcome 1 in Schedule 2 to the Act for the Department of Education and Training were replaced with the following outcome:

Improved early learning, schooling, student educational outcomes and transitions to and from school through access to quality child care, support, parent engagement, quality teaching and learning environments

(b)as if references in Column 1 in Schedule 1 to the Department of the Environment were references to the Department of Agriculture and Water Resources.

(c)as if references in Column 3 and Column 4 in Schedule 1 to the Minister for the Environment were references to the Minister for Agriculture and Water Resources.

(d)as if the following Outcome were included for the Department of Agriculture and Water Resources in Schedule 2 to the Act:

Outcome 3

Improve the health of rivers and freshwater ecosystems and water use efficiency through implementing water reforms, and ensuring enhanced sustainability, efficiency and productivity in the management and use of water resources

(2A)  The Act has effect as if corporate entity items for corporate entities as follows were included for the Communications and the Arts Portfolio in Schedule 2 to the Act:

Australian National Maritime Museum

National Film and Sound Archive of Australia

National Gallery of Australia

National Library of Australia

National Museum of Australia

National Portrait Gallery of Australia

(3)  The Act has effect:

(a)as if appropriation items in Schedule 2 to the Act were increased or decreased in accordance with the following table; and

(b)if the table specifies an increase for an appropriation item which is an appropriation item that has effect because of this determination – as if the increase were from a nil amount.

Increases and decreases in appropriation items
Item Entity Appropriation item Increase (+)/
decrease (‑)
($’000)
1 Department of Agriculture and Water Resources State, ACT, NT and local government item, Outcome 3 +2,100
2 Department of the Environment State, ACT, NT and local government item, Outcome 4 -2,100
3 Department of Agriculture and Water Resources Administered assets and liabilities item +61,745.68375
4 Department of the Environment Administered assets and liabilities item -61,745.68375
5 Department of Communications and the Arts Corporate entity item, Australian National Maritime Museum +396.915
6 Attorney-General’s Department Corporate entity item, Australian National Maritime Museum -396.915
7 Department of Communications and the Arts Corporate entity item, National Library of Australia +5,649
8 Attorney-General’s Department Corporate entity item, National Library of Australia -5,649
9 Department of Education and Training Other departmental item (Equity Injections) +3,248
10 Department of Health Other departmental item (Equity Injections) +12,256
11 Department of Social Services Other departmental item (Equity Injections) -15,504
12 Department of the Environment and Energy Other departmental item (Equity Injections) +8,150
13 Department of Industry, Innovation and Science Other departmental item (Equity Injections) -8,150

8  Modification of Appropriation Act (No. 3) 2015-2016

(1)  This section applies to the Appropriation Act (No. 3) 2015‑2016.

(2)  The Act has effect:

(a)as if appropriation items in Schedule 1 to the Act were increased or decreased in accordance with the following table; and

(b)if the table specifies an increase for an appropriation item which is an appropriation item that has effect because of this determination – as if the increase were from a nil amount.

Increases and decreases in appropriation items
Item Entity Appropriation item Increase (+)/
decrease (‑)
($’000)
1 Department of the Prime Minister and Cabinet Departmental item +1,498
2 Department of the Environment Departmental item -1,498
3 Federal Court of Australia Departmental item +1,118
4 Family Court and Federal Circuit Court Departmental item -1,118

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The 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.

The 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.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.

Endnote 2—Abbreviation key

A = Act orig = original
ad = added or inserted par = paragraph(s)/subparagraph(s)
am = amended     /sub‑subparagraph(s)
amdt = amendment pres = present
c = clause(s) prev = previous
C[x] = Compilation No. x (prev…) = previously
Ch = Chapter(s) Pt = Part(s)
def = definition(s) r = regulation(s)/rule(s)
Dict = Dictionary Reg = Regulation/Regulations
disallowed = disallowed by Parliament reloc = relocated
Div = Division(s) renum = renumbered
exp = expires/expired or ceases/ceased to have rep = repealed
    effect rs = repealed and substituted
F = Federal Register of Legislative Instruments s = section(s)/subsection(s)
gaz = gazette Sch = Schedule(s)
LI = Legislative Instrument Sdiv = Subdivision(s)
LIA = Legislative Instruments Act 2003 SLI = Select Legislative Instrument
(md) = misdescribed amendment SR = Statutory Rules
mod = modified/modification Sub‑Ch = Sub‑Chapter(s)
No. = Number(s) SubPt = Subpart(s)
o = order(s) underlining = whole or part not
Ord = Ordinance     commenced or to be commenced

Endnote 3—Legislation history

Name Registration Commencement Application, saving and transitional provisions
Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015‑2016 30 Oct 2015 (F2015L01730) 1 Nov 2015 (s 2)
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 1) 5 Nov 2015 (F2015L01759) 5 Nov 2015 (s 2)
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 2) 11 Nov 2015 (F2015L01780) 11 Nov 2015 (s 2)
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 3) 13 Nov 2015 (F2015L01793) 13 Nov 2015 (s 2)
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 4) 19 Jan 2016 (F2016L00056) 20 Jan 2016 (s 2)
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 5) 30 Mar 2016 (F2016L00454) 1 Apr 2016 (s 2)
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 6) 1 Dec 2016 (F2016L01852) 1 Dec 2016 (s 2)
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 7) 29 June 2017 (F2017L00801) 30 June 2017 (s 2)

Endnote 4—Amendment history

Provision affected How affected
s 2........................................ rep LIA s 48D
s 4........................................ ad F201600454
s 5........................................ ad F2015L01759; rs F2016L01852
s 6........................................ am F2015L01759; am F2015L01780; am F2015L01793; am F2016L00056; ad F2016L01852; am F2017L00801
s 7........................................ ad F2015L01759; ad F2015L01793; ad F2016L01852
s 8........................................ ad F201600454; ad F2016L01852
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