Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2017-2018 (Cth)

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2017‑2018

made under section 75 of the

Public Governance, Performance and Accountability Act 2013

Compilation No. 1

Compilation date:    2 May 2018

Includes amendments up to: Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017‑2018 (No. 1)

About this compilation

This compilation

This is a compilation of the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2017-2018 that shows the text of the law as amended and in force on 2 May 2018 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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) 2017‑2018............................................................ 2

7  Modification of Appropriation Act (No. 2) 2017‑2018............................................................ 4

8  Modification of Appropriation Act (No. 3) 2017‑2018............................................................ 5

Endnotes7

Endnote 1—About the endnotes  7

Endnote 2—Abbreviation key  8

Endnote 3—Legislation history  9

Endnote 4—Amendment history  10

1  Name

This is the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2017‑2018.

2  Commencement

This instrument commences on 23 January 2018.

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) 2017‑2018; or

(b)    the Appropriation Act (No. 2) 2017‑2018; or

(c)  the Appropriation Act (No. 3) 2017‑2018; or

(d)    the Appropriation Act (No. 4) 2017‑2018.

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 Immigration and Border Protection Portfolio were references to the Home Affairs Portfolio; and

(b)references in the Acts to the Department of Immigration and Border Protection were references to the Department of Home Affairs; and

(c)appropriation items and outcomes for the following entities, included for the Attorney-General’s Portfolio, were instead included for the Home Affairs Portfolio:

(i)Australian Criminal Intelligence Commission;

(ii)Australian Federal Police;

(iii)Australian Institute of Criminology;

(iv)Australian Transaction Reports and Analysis Centre; and

(d)references in the Acts to the Infrastructure and Regional Development Portfolio were references to the Infrastructure, Regional Development and Cities Portfolio; and

(e)references in the Acts to the Department of Infrastructure and Regional Development were references to the Department of Infrastructure, Regional Development and Cities; and

(f)items and outcomes for the Infrastructure and Project Financing Agency, included for the Prime Minister and Cabinet Portfolio, were instead included for the Infrastructure, Regional Development and Cities Portfolio; and

(g)references in the Acts to the Employment Portfolio and the Industry, Innovation and Science Portfolio were references to the Jobs and Innovation Portfolio; and

(h)references in the Acts to the Department of Employment were references to the Department of Jobs and Small Business; and

(i)items and outcomes for the Department of Human Services, included for the Social Services Portfolio, were instead included for a Human Services Portfolio; and

(j)items and outcomes for the Workplace Gender Equality Agency, included for the Education and Training Portfolio, were instead included for the Prime Minister and Cabinet Portfolio; and

(k)corporate entity items and outcomes for the Australian Institute for Aboriginal and Torres Strait Islander Studies, included in the Jobs and Innovation Portfolio, were instead included for the Prime Minister and Cabinet Portfolio.

6  Modification of Appropriation Act (No. 1) 2017‑2018

(1)  This section applies to the Appropriation Act (No. 1) 2017‑2018.

(2)  The Act has effect as follows:

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

Outcome 1
Protect Australia’s sovereignty, security and safety through its national security, emergency management system, law enforcement, and managing its border, including managing the stay and departure of all non-citizens

(b)as if Outcome 2 for the Department of Home Affairs in Schedule 1 to the Act were replaced with the following outcome:

Outcome 2
Support a prosperous and inclusive society, and advance Australia’s economic interests through the effective management of the visa, multicultural and citizenship programs and provision of refugee and humanitarian assistance

(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 Home Affairs	Departmental item	+60,142.035
2	Attorney-General’s Department	Departmental item	-34,724.035
3	Department of Infrastructure, Regional Development and Cities	Departmental item	-16,478
4	Department of the Prime Minister and Cabinet	Departmental item	-11,072
5	Department of Social Services	Departmental item	-1,230
6	Digital Transformation Agency	Departmental item	+714
7	Department of Finance	Departmental item	-205
8	Department of Home Affairs	Administered item, Outcome 1	+34,857.6111
9	Attorney-General’s Department	Administered item, Outcome 1	-33,783.6111
10	Department of Infrastructure, Regional Development and Cities	Administered item, Outcome 2	-991
11	Department of the Prime Minister and Cabinet	Administered item, Outcome 1	-19,037
12	Department of Jobs and Small Business	Departmental item	+5,439
13	Department of the Treasury	Departmental item	-5,174
14	Department of Agriculture and Water Resources	Departmental item	-546
15	Department of Infrastructure, Regional Development and Cities	Administered item, Outcome 3	+19,897
16	Department of Agriculture and Water Resources	Administered item, Outcome 3	-3,000
17	Department of Jobs and Small Business	Administered item, Outcome 2	+9,222
18	Department of the Treasury	Administered item, Outcome 1	-9,222
19	Department of Industry, Innovation and Science	Departmental item	+170
20	Department of Industry, Innovation and Science	Administered item, Outcome 1	+2,057
21	Office of National Assessments	Departmental item	+2,964
22	Department of the Prime Minister and Cabinet	Corporate entity item, Australian Institute of Aboriginal and Torres Strait Islander Studies	+3,248.834
23	Department of Education and Training	Corporate entity item, Australian Institute of Aboriginal and Torres Strait Islander Studies	-3,248.834

7  Modification of Appropriation Act (No. 2) 2017‑2018

(1)  This section applies to the Appropriation Act (No. 2) 2017‑2018.

(2)  The Act has effect as follows:

(a)as if the following row were included in Schedule 1 to the Act:

Department of Home Affairs Protect Australia’s sovereignty, security and safety through its national security, emergency management system, law enforcement, and managing its border, including managing the stay and departure of all non-citizens Minister for Home Affairs Minister for Home Affairs

(b)as if a State, ACT, NT and local government item for the Department of Home Affairs were included in Schedule 2 to the Act opposite the following outcome:

Outcome 1
Protect Australia’s sovereignty, security and safety through its national security, emergency management system, law enforcement, and managing its border, including managing the stay and departure of all non-citizens

(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 Home Affairs	State, ACT, NT and local government item, Outcome 1	+1,969.29
2	Attorney-General’s Department	State, ACT, NT and local government item, Outcome 1	-1,969.29
3	Department of Home Affairs	Other departmental item (Equity Injections)	+1,123.756
4	Attorney-General’s Department	Other departmental item (Equity Injections)	-1,123.756
5	Department of Infrastructure, Regional Development and Cities	Administered Assets and Liabilities item	+50,000
6	Department of Agriculture and Water Resources	Administered Assets and Liabilities item	-50,000

8  Modification of Appropriation Act (No. 3) 2017‑2018

(1)  This section applies to the Appropriation Act (No. 3) 2017‑2018.

(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 Home Affairs	Administered item, Outcome 1	+2,507
2	Attorney-General’s Department	Administered item, Outcome 1	-2,507

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	FRLI registration	Commencement	Application, saving and transitional provisions
Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2017‑2018	22 Jan 2018 (F2018L00051)	23 Jan 2018 (s 2)	—
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017‑2018 (No. 1)	2 May 2018 (F2018L00572)	2 May 2018 (s 2)	—

Endnote 4—Amendment history

Provision affected	How affected
s 2........................................	rep LIA s 48D
s 4........................................	ad F2018L00572
s 5........................................	ad F2018L00572
s 6........................................	ad F2018L00572
s 7........................................	ad F2018L00572
s 8........................................	ad F2018L00572