EXPLANATORY STATEMENT
Issued by the authority of the Minister for Finance
Coronavirus Economic Response Package Omnibus Act 2020
Coronavirus Economic Response Package (Deferral of Sunsetting–PGPA Act Determination (National Disability Research Special Account 2016)) Determination 2020
Legislative Authority
This determination is made under subitem 1(2) of Schedule 16 to the Coronavirus Economic Response Package Omnibus Act 2020.
Schedule 16 to the Coronavirus Economic Response Package Omnibus Act 2020 grants the relevant Minister the power to determine a new cease day for Acts or legislative instruments that are scheduled to cease to have operation on or before the 15 October 2020.
Purpose of this determination
This determination defers the original cessation day of the PGPA Act Determination (National Disability Research Special Account 2016) – Establishment (the special account instrument). The special account instrument was originally scheduled to cease at the end of 30 June 2020 under subsection 2(2) of the instrument itself.
The disallowance period for Special Account determinations made under section 78 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) is six sitting days under section 79(5) of the PGPA Act. As the Parliament has revised its Autumn and Winter sittings schedule, there may not be sufficient time or sitting days to make a replacement special account before the special account instrument ceases.
This determination ensures the special account instrument will continue to operate until the replacement special account commences. The deferral of the National Disability Research Special Account will allow more time for the Department of Social Services to work with the Department of Finance to replace the existing special account instrument to extend the operation of the special account to 30 June 2021.
The deferral of the cease date of the special account instrument will enable the Department of Social Services to continue to hold and expend amounts in accordance with Commonwealth, State and Territory disability agreements in relation to research projects on disability issues, until the replacement special account instrument commences.
Relevant Minister
The Finance Minister is the “relevant Minister” for the purposes of subitem 1(5) in Schedule 16 to the Coronavirus Economic Response Package Omnibus Act 2020.
The special account instrument was made by the Finance Minister under subsection 78(1) of the PGPA Act. The Finance Minister administers the PGPA Act under the current Administrative Arrangements Order (Administrative Arrangements Order – 5/03/2020).
Disallowance period under the Legislation Act 2003
As this determination is made under subitem 1(2) of Schedule 16 to the Coronavirus Economic Response Package Omnibus Act 2020, it will be a disallowable legislative instrument for the purposes of section 42 of the Legislation Act 2003. This determination will be subject to the 15 sitting day parliamentary disallowance period as prescribed by section 42 of that Act.
Regulatory impact analysis
The determination contains measures that are minor or machinery in nature. The Office of Best Practice Regulation (OBPR) has advised that the deferral of sunsetting instruments under Schedule 16 to the Coronavirus Economic Response Package Omnibus Act 2020 is expected to have Nil regulatory impacts. A regulation impact statement (RIS) is not required.
OBPR ID Number: 26465
Consultation
The Administrative Law Office in the Attorney-General’s Department, the Office of Parliamentary Counsel and the Department of Social Services were consulted in the preparation of this determination.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Coronavirus Economic Response Package (Deferral of Sunsetting – PGPA Act Determination (National Disability Research Special Account 2016)) Determination 2020
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Coronavirus Economic Response Package (Deferral of Sunsetting – PGPA Act Determination (National Disability Research Special Account 2016)) Determination 2020 defers the original cease day of the PGPA Act Determination (National Disability Research Special Account 2016) – Establishment (the special account instrument).
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.
This Legislative Instrument defers the original cease day of the special account instrument. A Statement of Compatibility with Human Rights is not required for the special account instrument. Therefore, by extension this Legislative Instrument does not raise any human rights issues.
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires a Statement of Compatibility with Human Rights for all legislative instruments subject to disallowance under section 42 of the Legislation Act 2003. While this Legislative Instrument is subject to section 42 (disallowance) of the Legislation Act 2003, the special account instrument is not.
The special account instrument is made under section 78(1) of the PGPA Act. Determinations made or varied under subsections 78(1) or 78(3) of the PGPA Act are subject to disallowance under section 79 of the PGPA Act. Subsection 79(2) of the PGPA Act provides that they are not subject to disallowance under section 42 of the Legislation Act 2003.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Senator the Hon Mathias Cormann
Minister for Finance
ATTACHMENT A
Details of the Coronavirus Economic Response Package (Deferral of Sunsetting – PGPA Act Determination (National Disability Research Special Account 2016)) Determination 2020
(the determination)
Section 1 – Name
- This section provides that the title of the determination is the Coronavirus Economic Response Package (Deferral of Sunsetting – PGPA Act Determination (National Disability Research Special Account 2016)) Determination 2020.
Section 2 – Commencement
2. This section provides that the entire determination commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
3. This section provides that the determination is made under subitem 1(2) of Schedule 16 to the Coronavirus Economic Response Package Omnibus Act 2020.
4. Schedule 16 to Coronavirus Economic Response Package Omnibus Act 2020 allows the relevant Minister for an Act or legislative instrument that is scheduled to cease to have operation on or before the 15 October 2020 to determine a new day on which the Act or legislative instrument sunsets. This new date must be no longer than six months after the original sunset date.
Section 4 – Deferral of sunsetting
5. This section ensures that the special account instrument continues to operate until it is replaced by the new special account instrument. If Parliament does not sit again for a sufficient period or the new special account instrument does not commence for some other reason, the current special account instrument will cease at the start of 31 December 2020 – which is no longer than six months after the original sunset day.
Section 5 – Repeal of this instrument
6. This section repeals the Coronavirus Economic Response Package (Deferral of Sunsetting – PGPA Act Determination (National Disability Research Special Account 2016)) Determination 2020, at the start of 1 January 2021.