Untitled document

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2016‑2017

made under section 75 of the

Public Governance, Performance and Accountability Act 2013

Compilation No. 10

Compilation date:    14 December 2018

Includes amendments up to:           Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016‑2017 (No. 10)

About this compilation

This compilation

This is a compilation of the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2016-2017 that shows the text of the law as amended and in force on 14 December 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Supply Act (No. 1) 2016‑2017........................................................................ 2

7  Modification of Appropriation Act (No. 1) 2016‑2017............................................................ 4

8  Modification of Appropriation Act (No. 2) 2016‑2017............................................................ 7

9  Modification of Appropriation Act (No. 3) 2016‑2017............................................................ 8

10  Modification of Supply Act (No. 2) 2016‑2017.................................................................... 10

11  Modification of Appropriation Act (No. 4) 2016‑2017........................................................ 10

Endnotes12

Endnote 1—About the endnotes  12

Endnote 2—Abbreviation key  13

Endnote 3—Legislation history  14

Endnote 4—Amendment history  16

1  Name

This is the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2016‑2017.

2  Commencement

This instrument commences on 22 September 2016.

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 Supply Act (No. 1) 2016‑2017; or

(b)    the Supply Act (No. 2) 2016‑2017; or

(c)the Supply (Parliamentary Departments) Act (No. 1) 2016‑2017; or

(d)    the Appropriation Act (No. 1) 2016‑2017; or

(e)  the Appropriation Act (No. 2) 2016‑2017; or

(f)   the Appropriation (Parliamentary Departments) Act (No. 1) 2016‑2017; or

(g)the Appropriation Act (No. 3) 2016‑2017; or

(h)    the Appropriation Act (No. 4) 2016‑2017.

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 Environment Portfolio were references to the Environment and Energy Portfolio; and

(b)references in the Acts to the Department of the Environment were references to the Department of the Environment and Energy; and

(c)references in the Acts to the Digital Transformation Office were references to the Digital Transformation Agency; and

(d)references in the Acts to the Immigration and Border Protection Portfolio were references to the Home Affairs Portfolio; and

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

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

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

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

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

(j)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

(k)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

6  Modification of Supply Act (No. 1) 2016‑2017

(1)  This section applies to the Supply Act (No. 1) 2016‑2017.

(2)  The Act has effect:

(a)as if a departmental item for the following non-corporate entity were included for the Employment Portfolio in Schedule 1 to the Act:

FAIR WORK OMBUDSMAN AND REGISTERED ORGANISATIONS COMMISSION ENTITY

(3)  The Act has effect:

(a)as if the following outcome were included for the Department of the Environment and Energy in Schedule 1 to the Act:

Outcome 5
Support the reliable, sustainable and secure operations of energy markets through improving Australia’s energy efficiency, performance and productivity for the community

(b)as if the following outcome were included for the Fair Work Ombudsman and Registered Organisations Commission Entity in Schedule 1 to the Act:

Outcome 1
Compliance with workplace relations legislation by employees and employers through advice, education and where necessary enforcement

(c)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

(d)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

(4)  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 Environment and Energy	Administered item, Outcome 5	+2,548
2	Department of Industry, Innovation and Science	Administered item, Outcome 1	-2,548
3	Department of the Environment and Energy	Departmental item	+26,400
4	Department of Industry, Innovation and Science	Departmental item	-26,400
5	Digital Transformation Agency	Departmental item	+700
6	Department of Human Services	Departmental item	-700
7	Fair Work Ombudsman and Registered Organisations Commission Entity	Departmental item	+11,197.25911
8	Office of the Fair Work Ombudsman	Departmental item	-11,197.25911
9	Department of Education and Training	Departmental item	-9,137
10	Department of Finance	Departmental item	+1,574
11	Department of Employment	Departmental item	+7,563
12	Department of Home Affairs	Administered item, Outcome 1	+405
13	Attorney-General’s Department	Administered item, Outcome 1	-405

7  Modification of Appropriation Act (No. 1) 2016‑2017

(1)  This section applies to the Appropriation Act (No. 1) 2016‑2017.

(2)  The Act has effect:

(a)as if administered and departmental items for the following non-corporate entity were included for the Finance Portfolio in Schedule 1 to the Act:

INDEPENDENT PARLIAMENTARY EXPENSES AUTHORITY

(b)as if a departmental item for the following non-corporate entity were included for the Employment Portfolio in Schedule 1 to the Act:

FAIR WORK OMBUDSMAN AND REGISTERED ORGANISATIONS COMMISSION ENTITY

(c)as if administered and departmental items for the following non-corporate entity were included for the Finance Portfolio in Schedule 1 to the Act:

INDEPENDENT PARLIAMENTARY EXPENSES AUTHORITY

Note:    Both paragraphs (a) and (c) add entries for the Independent Parliamentary Expenses Authority. This is because the Authority, originally an executive agency, was re-established as a statutory agency on 1 July 2017.

(3)  The Act has effect:

(a)as if the following Outcome were included for the Independent Parliamentary Expenses Authority in Schedule 1 to the Act:

Outcome 1
Support for Parliamentarians and others as required by the Australian Government through the delivery of, and advice on, entitlements and targeted assistance

(b)as if the following outcome were included for the Fair Work Ombudsman and Registered Organisations Commission Entity in Schedule 1 to the Act:

Outcome 1
Compliance with workplace relations legislation by employees and employers through advice, education and where necessary enforcement

(c)as if the following Outcome were included in Schedule 1 to the Act for the Independent Parliamentary Expenses Authority as added by paragraph (2)(c):

Outcome 1
Support for current and former Parliamentarians and others as required by the Australian Government through the delivery of, independent oversight and advice on, work resources and travel resources

(d)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

(e)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

(4)  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	Digital Transformation Agency	Departmental item	+2,375
2	Department of Finance	Departmental item	-4,128
3	Department of Employment	Departmental item	+6,037
4	Department of Education and Training	Departmental item	-5,253
5	Independent Parliamentary Expenses Authority	Departmental item	+170.32035
6	Independent Parliamentary Expenses Authority	Administered item, Outcome 1	+8,724.78621
7	Department of Finance	Administered item, Outcome 3	-9,221
8	Fair Work Ombudsman and Registered Organisations Commission Entity	Departmental item	+63,376.06805
9	Office of the Fair Work Ombudsman	Departmental item	-61,149.06805
10	Fair Work Commission	Departmental item	-2,227
11	Independent Parliamentary Expenses Authority	Departmental item	+2,056.67965
12	Independent Parliamentary Expenses Authority	Administered item, Outcome 1	+496.21379
13	Department of Home Affairs	Departmental item	+29,255.33078
14	Attorney-General’s Department	Departmental item	-18,167.33078
15	Department of Infrastructure, Regional Development and Cities	Departmental item	-7,715
16	Department of the Prime Minister and Cabinet	Departmental item	-3,192
17	Department of Social Services	Departmental item	-615
18	Department of Home Affairs	Administered item, Outcome 1	+511.99077
19	Attorney-General’s Department	Administered item, Outcome 1	-511.99077
20	Department of the Treasury	Departmental item	-1,110
21	Department of Industry, Innovation and Science	Departmental item	+161
22	Office of National Assessments	Departmental item	+430
23	Department of Agriculture and Water Resources	Departmental item	-305

8  Modification of Appropriation Act (No. 2) 2016‑2017

(1)  This section applies to the Appropriation Act (No. 2) 2016‑2017.

(2)  The Act has effect:

(a)as if an other departmental item for the following non-corporate entity were included for the Employment Portfolio in Schedule 2 to the Act:

FAIR WORK OMBUDSMAN AND REGISTERED ORGANISATIONS COMMISSION ENTITY

(b)as if the following table item were included in the table 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

(c)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	Fair Work Ombudsman and Registered Organisations Commission Entity	Other departmental item (Equity Injections)	+150
2	Office of the Fair Work Ombudsman	Other departmental item (Equity Injections)	-150
3	Department of Home Affairs	State, ACT, NT and local government item, Outcome 1	+959.27426
4	Attorney-General’s Department	State, ACT, NT and local government item, Outcome 1	-959.27426
5	Department of Home Affairs	Administered assets and liabilities item	+311
6	Attorney-General’s Department	Administered assets and liabilities item	-311
7	Department of Infrastructure, Regional Development and Cities	Administered assets and liabilities item	+29,167
8	Department of Agriculture and Water Resources	Administered assets and liabilities item	-29,167

9  Modification of Appropriation Act (No. 3) 2016‑2017

(1)  This section applies to the Appropriation Act (No. 3) 2016‑2017.

(2)  The Act has effect:

(a)as if a departmental item for the following non-corporate entity were included for the Employment Portfolio in Schedule 1 to the Act:

FAIR WORK OMBUDSMAN AND REGISTERED ORGANISATIONS COMMISSION ENTITY

(b)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

(3)  The Act has effect:

(a)as if the following outcome were included for the Fair Work Ombudsman and Registered Organisations Commission Entity in Schedule 1 to the Act:

Outcome 1
Compliance with workplace relations legislation by employees and employers through advice, education and where necessary enforcement

(b)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

(c)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

(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

(4)  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	Fair Work Ombudsman and Registered Organisations Commission Entity	Departmental item	+6,181
2	Office of the Fair Work Ombudsman	Departmental item	-6,181
3	Department of Home Affairs	Administered item, Outcome 1	+16,220.46946
4	Attorney-General’s Department	Administered item, Outcome 1	-16,220.46946
5	Attorney‑General’s Department	Departmental item	-2,037.045
6	Australian Signals Directorate	Departmental item	+2,037.045

10  Modification of Supply Act (No. 2) 2016‑2017

(1)  This section applies to the Supply Act (No. 2) 2016‑2017.

(2)  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	Administered assets and liabilities item	+73.67536
2	Attorney-General’s Department	Administered assets and liabilities item	-73.67536
3	Department of Infrastructure, Regional Development and Cities	Administered assets and liabilities item	+20,833
4	Department of Agriculture and Water Resources	Administered assets and liabilities item	-20,833

11  Modification of Appropriation Act (No. 4) 2016‑2017

(1)  This section applies to the Appropriation Act (No. 4) 2016‑2017.

(2)  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	Administered assets and liabilities item	+19,338
2	Attorney-General’s Department	Administered assets and liabilities item	-19,338

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 2016‑2017	21 Sept 2016 (F2016L01466)	22 Sept 2016 (s 2)
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016‑2017 (No. 1)	1 Dec 2016 (F2016L01847)	1 Dec 2016 (s 2)	—
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016‑2017 (No. 2)	23 Jan 2017 (F2017L00061)	24 Jan 2017 (s 2)	—
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016‑2017 (No. 3)	16 March 2017 (F2017L00240)	17 March 2017 (s 2)	—
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016‑2017 (No. 4)	6 April 2017 (F2017L00391)	6 April 2017 (s 2)	—
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016‑2017 (No. 5)	3 May 2017 (F2017L00498)	1 May 2017 (s 2)	—
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016‑2017 (No. 6)	29 June 2017 (F2017L00799)	30 June 2017 (s 2)	—
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016‑2017 (No. 7)	16 October 2017 (F2017L01356)	17 October 2017 (s 2)	—
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016‑2017 (No. 8)	22 June 2018 (F2018L00823)	23 June 2018 (s 2)	—
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016‑2017 (No. 9)	6 November 2018 (F2018L01545)	7 November 2018 (s 2)	—
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016‑2017 (No. 10)	13 December 2018 (F2018L01750)	14 December 2018 (s 2)	—

Endnote 4—Amendment history

Provision affected	How affected
s 2........................................	rep LIA s 48D
s 4........................................	ad F2016L01847; ad F2017L00498
s 5........................................	rs F2016L01847; ad F2018L00823; ad F2018L01545, ad F2018L01750
s 6........................................	am F2016L01847; ad F2017L00498; ad F2017L00799; ad F2018L00823
s 7........................................	ad F2017L00061; ad F2017L00240; rs F2017L00391; ad F2017L00498; am F2017L00799; ad F2017L01356; ad F2018L00823; rs F2018L01545
s 8........................................	ad F2017L00498; ad F2018L00823
s 9........................................	ad F2017L00498; ad F2018L00823, ad F2018L01750
s 10......................................	ad F2018L00823
s 11......................................	ad F2018L00823