Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012-2013 (No. 2)

EXPLANATORY STATEMENT

Public Governance, Performance and Accountability Act 2013

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012-2013 (No. 2) (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 further amend Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2012-2013, dated 24 September 2014 (primary determination), and amended by Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012-2013 (No. 1), dated 27 March 2015, to adjust amounts appropriated to non-corporate Commonwealth entities, in response to the Administrative Arrangements Order (AAO) made on 30 September 2015.

The amendment determination modifies appropriations to support functions transferring from the Department of Communications and the Arts (previously known as the Department of Broadband, Communications and the Digital Economy) to the Department of Industry, Innovation and Science (previously known as Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education or the Department of Industry, Innovation, Science, Research and Tertiary Education), in relation to national policy issues relating to the digital economy.

The determination results in no change to the total amount appropriated by Parliament.

Commencement

The amendment determination commences on 5 November 2015.

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 modified 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 entities were consulted in the preparation of the amendment determination.

Summary of Modifications

1.           In accordance with the AAO made on 30 September 2015, the amendment determination repeals and substitutes section 7 of the primary determination that states that references to Departments in each of the 2012-13 Appropriation Acts have effect as if it refers to:

• Department of Education and Training instead of Department of Education, Employment and Workplace Relations; and
• Department of Industry, Innovation and Science instead of Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education or the Department of Industry, Innovation, Science, Research and Tertiary Education; and
• Department of Communications and the Arts instead of the Department of Broadband, Communications and the Digital Economy.

2.              The amendment determination adds a table as section 9 of the primary determination. The items in the table affects relevant appropriation items in Schedule 1 to the Appropriation Act (No. 3) 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.