Untitled document
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. 8
Compilation date: 30 June 2019
Includes amendments up to: Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017‑2018 (No. 8)
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 30 June 2019 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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............................................................ 5
8 Modification of Appropriation Act (No. 3) 2017‑2018............................................................ 6
9 Modification of Appropriation Act (No. 4) 2017‑2018............................................................ 7
Endnotes8
Endnote 1—About the endnotes 8
Endnote 2—Abbreviation key 9
Endnote 3—Legislation history 10
Endnote 4—Amendment history 12
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; or
(e) the Appropriation Act (No. 5) 2017‑2018; or
(f) the Appropriation Act (No. 6) 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;
(v)Australian Security Intelligence Organisation; 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 were references to the Jobs and Small Business Portfolio; and
(h)references in the Acts to the Department of Employment were references to the Department of Jobs and Small Business; and
(i)appropriation items and outcomes for the following entities, included for the Prime Minister and Cabinet Portfolio, were instead included for the Attorney-General’s Portfolio:
(i)Office of the Commonwealth Ombudsman;
(ii)Office of the Inspector-General of Intelligence and Security; 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
(c)as if a departmental item for the following non-corporate entity were included for the Defence Portfolio in Schedule 1 to the Act:
AUSTRALIAN SIGNALS DIRECTORATE
(d)as if the following outcome were included for the Australian Signals Directorate in Schedule 1 to the Act:
Outcome 1
Defend Australia from global threats and advance our national interests through the provision of foreign signals intelligence, cyber security and offensive cyber operations, as directed by Government
(e)as if a departmental item for the following non-corporate entity were included for the Health Portfolio in Schedule 1 to the Act:
AGED CARE QUALITY AND SAFETY COMMISSION
(f)as if the following outcome were included for the Aged Care Quality and Safety Commission in Schedule 1 to the Act:
Outcome 1
Protect and enhance the safety, health, wellbeing and quality of life of aged care consumers, including through effective engagement with them, regulation and education of Commonwealth-funded aged care service providers and resolution of aged care complaints
(g)as if a departmental item for the following non-corporate entity were included for the Social Services Portfolio in Schedule 1 to the Act:
NDIS QUALITY AND SAFEGUARDS COMMISSION
(h)as if the following outcome were included for the NDIS Quality and Safeguards Commission in Schedule 1 to the Act:
Outcome 1
Promote the delivery of quality supports and services to people with disability under the NDIS and other prescribed supports and services, including through nationally consistent and responsive regulation, policy development, advice and education
(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 | +60,648.435 |
| 2 | Attorney-General’s Department | Departmental item | -40,520.987 |
| 3 | Department of Infrastructure, Regional Development and Cities | Departmental item | -16,478 |
| 4 | Department of the Prime Minister and Cabinet | Departmental item | -10,980 |
| 5 | Department of Social Services | Departmental item | +3,531.5382 |
| 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 |
| 24 | Australian Signals Directorate | Departmental item | +5,589.552 |
| 25 | Department of Education and Training | Departmental item | -134 |
| 26 | Department of Health | Departmental item | -12,422 |
| 27 | Aged Care Quality and Safety Commission | Departmental item | +4,893 |
| 28 | NDIS Quality and Safeguards Commission | Departmental item | +2,510.4618 |
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 (‑) ($’000) |
| 1 | Department of Home Affairs | Administered item, Outcome 1 | +2,507 |
| 2 | Attorney-General’s Department | Administered item, Outcome 1 | -2,507 |
9 Modification of Appropriation Act (No. 4) 2017‑2018
(1) This section applies to the Appropriation Act (No. 4) 2017‑2018.
(2) The Act has effect:
(a)as if an other departmental item for the following non-corporate entity were included for the Defence Portfolio in Schedule 2 to the Act:
AUSTRALIAN SIGNALS DIRECTORATE
(3)The Act has effect:
(a)as if appropriation items in Schedule 2 to the Act were increased or decreased in accordance with the following table; and
(b)if the table specifies an increase for an appropriation item which is an appropriation item that has effect because of this determination – as if the increase were from a nil amount.
| Increases and decreases in appropriation items | |||
| Item | Entity | Appropriation item | Increase (+)/ decrease (‑) ($’000) |
| 1 | Attorney-General’s Department | Other departmental item (Equity Injections) | -2,531 |
| 2 | Australian Signals Directorate | Other departmental item (Equity Injections) | +2,531 |
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) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017‑2018 (No. 2) | 6 November 2018 (F2018L01540) | 7 November 2018 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017‑2018 (No. 3) | 12 December 2018 (F2018L01742) | 13 December 2018 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017‑2018 (No. 4) | 22 January 2019 (F2019L00055) | 23 January 2019 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017‑2018 (No. 5) | 15 March 2019 (F2019L00310) | 16 March 2019 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017‑2018 (No. 6) | 11 April 2019 (F2019L00608) | 12 April 2019 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017‑2018 (No. 7) | 17 May 2019 (F2019L00682) | 18 May 2019 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017‑2018 (No. 8) | 12 July 2019 (F2019L00980) | 30 June 2019 (s 2) | — |
Endnote 4—Amendment history
| Provision affected | How affected | |
| s 2........................................ | rep LIA s 48D | |
| s 4........................................ | ad F2018L00572 | |
| s 5........................................ | ad F2018L00572; rs F2018L01540, am F2018L01742 | |
| s 6........................................ | ad F2018L00572; rs F2018L01540, ad F2018L01742, ad F2019L00055, ad F2019L00310, rs F2019L00608, rs F2019L00682; am F2019L00980 | |
| s 7........................................ | ad F2018L00572 | |
| s 8........................................ | ad F2018L00572 | |
| s 9........................................ | ad F2018L01742 | |
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