EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012-2013 (No. 1) (the amendment determination)
Purpose of the determination
The amendment determination is made under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) to amend Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2012-2013, dated 24 September 2014 (primary determination), to adjust amounts appropriated to non-corporate Commonwealth entities, in response to the Administrative Arrangements Order made on 23 December 2014 and on 18 September 2013.
The amendment determination adjusts appropriations to support functions transferring from the former Department of Industry to the Department of Education and Training, in relation to vocational education and training, and in relation to international education support.
Commencement
The amendment determination commences on the day after it is registered.
Authority for the determination
Section 75 of the PGPA Act enables the Finance Minister to determine that one or more Schedules to one or more Appropriation Acts are amended in a specified way in relation to the transfer of a function from one non-corporate Commonwealth entity to another.
Under section 107 of the PGPA Act, the Finance Minister has delegated the power to make determinations under section 75 to the Secretary of the Department of Finance. Under section 109 of the PGPA Act, the Secretary has, in turn, sub‑delegated this power to certain officials within the Department of Finance, including the official who made the determination.
The amendment determination is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003. The amendment determination amends Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2012-2013, which is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is not required for the amendment determination.
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 Legislative Instruments Act 2003. A determination, including an amendment determination, under section 75 of the PGPA Act is exempt from disallowance under subsection 75(7) of the PGPA Act. As such, a Statement of Compatibility with Human Rights is not required.
Consultation
Consistent with Part 3 of the Legislative Instruments Act 2003, the affected agencies were consulted in the preparation of the amendment determination.
Summary of Amendments
- The amendment determination adds items to the table in section 5 of the primary determination. The new items affect relevant appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2012-2013 in the following way, which results in no change to the total amount appropriated by Parliament. A positive amount reflects an increase in an appropriation item, and a negative amount reflects a decrease in an appropriation item.
Entity affected | Item affected | Transfer to ($ ’000) | Transfer from ($ ’000) |
Department of Education and Training | Administered item, Outcome 3 | +6,043 | |
Department of Industry and Science | Administered item, Outcome 3 | | -6,043 |
| Total | +6,043 | -6,043 |
2. In accordance with the AAO made on 23 December 2014, the amendment determination inserts into the primary determination an amendment that states that references to Departments in each of the 2012‑13 Appropriation Acts have effect as if:
(a) the Department of Education, Employment and Workplace Relations is referred to as the Department of Education and Training; and
(b) the Department of Industry, Innovation, Research and Tertiary Education is referred to as the Department of Industry and Science.
3. The amendment determination adds a table as section 8 of the primary determination. The items in the table affect relevant appropriation items in Schedule 2 to the Appropriation Act (No. 4) 2012‑2013 in the following way, which results in no change to the total amount appropriated by Parliament. A positive amount reflects an increase in an appropriation item, and a negative amount reflects a decrease in an appropriation item.
Entity affected | Item affected | Transfer to ($ ’000) | Transfer from ($ ’000) |
Department of Education and Training | Other departmental item (Equity Injections) | +2,855 | |
Department of Industry and Science | Other departmental item (Equity Injections) | | -2,855 |
| Total | +2,855 | -2,855 |
Overview
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012-2013 (No. 1) was enacted to amend the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2012-2013, adjusting appropriations to non-corporate Commonwealth entities in response to changes in Administrative Arrangements Orders. This determination, made under section 75 of the Public Governance, Performance and Accountability Act 2013, addresses the need to reallocate funding following the transfer of functions between the Department of Industry and the Department of Education and Training, specifically concerning vocational education and training and international education support. The amendment determination ensures that the reallocation of appropriations is accurately reflected in the financial allocations for the relevant entities without altering the total amount appropriated by Parliament. The Finance Minister, exercising powers delegated by the Secretary of the Department of Finance, made this amendment to align with the new administrative arrangements.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012-2013 applies to the appropriations of non-corporate Commonwealth entities, specifically those affected by the transfer of functions from the former Department of Industry to the Department of Education and Training. This amendment applies nationally across the Commonwealth, as it is made under the Public Governance, Performance and Accountability Act 2013, which is a Commonwealth Act. The amendment determination adjusts appropriations in response to the Administrative Arrangements Orders made on 23 December 2014 and 18 September 2013, specifically concerning the transfer of vocational education and training and international education support functions. The amendment determination does not require a Statement of Compatibility with Human Rights as it is exempt from disallowance under subsection 75(7) of the PGPA Act. The amendment determination also ensures that references to the relevant departments in the 2012-2013 Appropriation Acts reflect the changes in department names as per the Administrative Arrangements Orders.
Key Provisions
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012-2013 (No. 1) amends the primary determination to adjust appropriations related to the transfer of functions from the former Department of Industry to the Department of Education and Training. The amendment determination specifically addresses appropriations in Schedule 1 to the Appropriation Act (No. 1) 2012-2013, affecting administered items under Outcome 3, and Schedule 2 to the Appropriation Act (No. 4) 2012-2013, affecting other departmental items related to equity injections. The overall amount appropriated by Parliament remains unchanged, with positive adjustments reflecting increases and negative adjustments reflecting decreases in the affected appropriation items.
The amendment determination imposes specific obligations on the Department of Education and Training and the Department of Industry and Science. These entities must comply with the adjustments detailed in the determination, which affects their respective appropriations for the financial year 2012-2013. The determination ensures that the transfers of functions are supported by the appropriate appropriations, and it mandates that any references to the former Departments in the appropriation acts are updated to reflect the new departmental names.
In terms of compliance, the determination itself does not outline specific penalties for non-compliance. However, it operates under the broader framework of the Public Governance, Performance and Accountability Act 2013 (PGPA Act). Any breaches of the requirements set out in the PGPA Act could potentially lead to disciplinary actions, financial penalties, or other consequences as prescribed under the legislation. The exact penalties would depend on the nature and severity of the breach, as well as any additional regulations or guidelines issued under the PGPA Act.
The amendment determination is supported by the authority granted under section 75 of the PGPA Act, which empowers the Finance Minister to make such determinations in relation to the transfer of functions between non-corporate Commonwealth entities. The Secretary of the Department of Finance has the delegated authority to make these determinations, which have been exercised in this case by an authorised official within the Department. The amendment determination is also a legislative instrument as defined under the Legislative Instruments Act 2003, and while it does not require a Statement of Compatibility with Human Rights, it has been prepared with appropriate consultation with the affected agencies as required by the Legislative Instruments Act 2003.