Coronavirus Economic Response Package (Deferral of Sunsetting–PGPA Act Determination (National Disability Research Special Account 2016)) Determination 2020

Administered by Department of the Treasury

Legislation au F2020L00780 Not in force Legislative Instrument

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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 SunsettingPGPA Act Determination (National Disability Research Special Account 2016)) Determination 2020
(the determination)

Section 1 – Name

  1. 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.

 

 

 

 

 

Overview

The Coronavirus Economic Response Package (Deferral of Sunsetting – PGPA Act Determination (National Disability Research Special Account 2016)) Determination 2020, enacted by the Minister for Finance under the Coronavirus Economic Response Package Omnibus Act 2020, was introduced to address the issue of the impending cessation of the National Disability Research Special Account instrument on 30 June 2020. The original instrument was set to cease under subsection 2(2) of the instrument itself, and given the revised parliamentary schedule, there was insufficient time to create a replacement instrument before its cessation. This determination ensures the continuity of the special account, allowing the Department of Social Services to maintain its operations in line with Commonwealth, State, and Territory disability agreements for research projects until a new instrument can be established. The determination was made to provide a temporary solution to the issue, allowing the department more time to work with the Department of Finance to replace the existing special account instrument to extend its operation until 30 June 2021. The Coronavirus Economic Response Package Omnibus Act 2020 grants the relevant Minister the power to defer the cessation of certain instruments scheduled to end on or before 15 October 2020, and this determination falls within that authority. The deferral ensures the special account can continue to function without interruption, facilitating the ongoing support of disability research projects.

Scope and Application

The Coronavirus Economic Response Package (Deferral of Sunsetting – PGPA Act Determination (National Disability Research Special Account 2016)) Determination 2020 is a legislative instrument made under subitem 1(2) of Schedule 16 to the Coronavirus Economic Response Package Omnibus Act 2020. The determination extends the operation of the PGPA Act Determination (National Disability Research Special Account 2016) – Establishment until a replacement special account instrument commences, ensuring the account's operations can continue past the original cessation date of 30 June 2020. This measure is aimed at allowing the Department of Social Services to maintain funding for disability research projects in accordance with relevant agreements, until a replacement instrument can be established. The determination applies to the special account instrument established under the Public Governance, Performance and Accountability Act 2013, and its operation is limited to the Commonwealth. The determination is subject to a disallowance period of 15 sitting days as per section 42 of the Legislation Act 2003. The deferral does not impose any new regulatory burdens and is compatible with human rights, as it does not raise any human rights issues. The instrument will cease to have effect on 1 January 2021, upon the commencement of the new special account instrument.

Key Provisions

The Coronavirus Economic Response Package (Deferral of Sunsetting – PGPA Act Determination (National Disability Research Special Account 2016)) Determination 2020, under Schedule 16 of the Coronavirus Economic Response Package Omnibus Act 2020, allows the relevant Minister to defer the sunsetting of certain legislation, specifically the PGPA Act Determination (National Disability Research Special Account 2016) – Establishment. This determination ensures that the special account instrument continues to operate until it is replaced by a new instrument (sections 1-6). The determination was made to provide additional time for the Department of Social Services and the Department of Finance to develop a replacement instrument for the National Disability Research Special Account, which was originally scheduled to cease on 30 June 2020. This extension allows the departments to continue holding and expending funds in accordance with disability agreements related to research projects on disability issues until the replacement instrument is in place. The determination imposes an obligation on the Finance Minister to ensure the special account instrument remains operational until it is replaced. It also requires the Department of Social Services to continue working with the Department of Finance to establish the new instrument within the specified timeframe, ensuring that the cessation date does not exceed six months after the original sunset date (section 4). Additionally, the determination mandates that the special account instrument will cease operation at the beginning of 1 January 2021, or if the replacement instrument commences before that date, it will cease at the start of the replacement instrument’s commencement (section 5). Failure to comply with the provisions of this determination could result in the special account instrument ceasing prematurely, which might disrupt ongoing disability research projects funded by the special account. This could lead to a shortfall in disability research funding, negatively impacting research initiatives and potentially breaching agreements between the Commonwealth and the states or territories regarding disability research funding. The determination is subject to a disallowance period of 15 sitting days under the Legislation Act 2003, meaning Parliament has the opportunity to review and potentially disallow the determination if it deems it inappropriate or unnecessary (section 3). The Office of Best Practice Regulation has indicated that this determination has no regulatory impact, and no regulation impact statement is required (section 3).

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.