Legal Research
Legislations
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012-2013 (No. 3)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012-2013 (No. 3)

Administered by Department of Finance

Legislation au F2015L01782 Not in force Legislative Instrument

Select Document

EXPLANATORY STATEMENT

Public Governance, Performance and Accountability Act 2013

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012-2013 (No. 3) (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, and Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012-2013 (No. 2), dated 5 November 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 the Prime Minister and Cabinet, in relation to whole of government service delivery policy.

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

Commencement

The amendment determination commences on 11 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

Item 1 of the amendment determination repeals and substitutes section 9 of the primary determination with a new section 9.
Subsection 9(2) has effect as if a departmental item for the Department of the Prime Minister and Cabinet were included in Schedule 1 to Appropriation Act (No. 3) 2012-2013. Due to a transfer of function from the Department of Communications and the Arts to the Department of the Prime Minister and Cabinet, this amendment determination has effect as if the Department of the Prime Minister and Cabinet were included in the Appropriation Act (No. 3) 2012-2013. Paragraph 9(3)(b) of the determination then establishes that this departmental item for the Department of the Prime Minister and Cabinet, which has effect because of this determination, commences as a nil amount.
The amendment determination modifies item 2 and adds item 3 to the table in 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.
The table in the amendment determination provides an aggregate of appropriation items for each affected entity, rather than the individual items. The table below sets out the individual transfer amounts and the resulting aggregate amount for each appropriation item listed. A positive amount reflects an increase in an appropriation item, and a negative amount reflects a decrease in an appropriation item.

Item	Entity	Appropriation item	Primary Determination ($’000)	Transfer Increase (+) / decrease (-)	Amendment Determination ($’000)
2	Department of Communications and the Arts	Departmental item	-540	-594	-1,134
3	Department of the Prime Minister and Cabinet	Departmental item	0	+594	+594

Overview

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012-2013 (No. 3) was enacted in 2015 to address the need for adjustments in appropriations following a transfer of functions between non-corporate Commonwealth entities. This amendment was made under the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and specifically modifies appropriations to support functions transferring from the Department of Communications and the Arts to the Department of the Prime Minister and Cabinet. The objective of this amendment is to ensure the smooth transition of services and policy implementation, as mandated by the Administrative Arrangements Order of 2015. It is important to note that the amendment results in no overall change to the total amount appropriated by Parliament. The determination was made by the Secretary of the Department of Finance, who has been delegated this power by the Finance Minister, and it comes into effect on 11 November 2015. The affected entities were consulted in the preparation of the amendment, ensuring that the changes align with the requirements of the PGPA Act.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012-2013 (No. 3) amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2012-2013 in response to the Administrative Arrangements Order made on 30 September 2015. This amendment determination is relevant to non-corporate Commonwealth entities and specifically addresses the transfer of functions from the Department of Communications and the Arts to the Department of the Prime Minister and Cabinet. The changes pertain to appropriations affecting whole of government service delivery policy. The amendment determination does not alter the total amount appropriated by Parliament, as the aggregate appropriation amounts remain unchanged. The determination applies nationally within the Commonwealth of Australia and comes into effect on 11 November 2015. The amendment is a legislative instrument under the Legislative Instruments Act 2003, and it does not require a Statement of Compatibility with Human Rights as it is exempt from disallowance under the Public Governance, Performance and Accountability Act 2013. Consultations with the affected entities were undertaken in accordance with the Legislative Instruments Act 2003 during the preparation of this amendment determination.

Key Provisions

The main operative sections of the Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012-2013 (No. 3) (the amendment determination) concern the adjustment of appropriations to non-corporate Commonwealth entities following the transfer of functions, as detailed in section 9. This section outlines how the transfer of specific functions from the Department of Communications and the Arts to the Department of the Prime Minister and Cabinet impacts the appropriations in Schedule 1 to the Appropriation Act (No. 3) 2012-2013. The amendment determination modifies these appropriations to reflect the changes without altering the total amount appropriated by Parliament. The adjustments are structured to ensure that the Department of the Prime Minister and Cabinet starts with a nil amount and then receives the transfer amounts, while the Department of Communications and the Arts experiences corresponding decreases. The amendment determination imposes obligations on the affected entities, primarily the Department of Communications and the Arts and the Department of the Prime Minister and Cabinet. These obligations include adhering to the new appropriation amounts set out in the amended Schedule 1 to the Appropriation Act (No. 3) 2012-2013. The entities must ensure that their financial management practices reflect these changes, particularly in their budgeting and expenditure processes. The amendment determination also requires that any financial reporting or documentation must accurately reflect the new appropriation amounts post-transfer. There are no specific offences, penalties, or civil/criminal consequences outlined in the amendment determination for breaches of the provisions. However, the entities involved must ensure compliance with the Financial Management and Accountability Act 1997 and other relevant financial legislation. Failure to comply with these broader legislative requirements could result in sanctions under those Acts. The amendment determination itself focuses on the administrative adjustments to appropriations and does not introduce new enforcement mechanisms or penalties specific to its provisions.

Area of Law: Public Governance, Performance and Accountability
Instrument: Determination
Concepts: Commencement Provisions; Repeal & Amendment; Administrative Discretion

Interactions

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.

Legislation content