EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014-2015 (No. 5) (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 2014-2015 (the primary determination), dated 30 January 2015, and amended by:
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014-2015 (No. 1), dated 27 March 2015;
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014-2015 (No. 2), dated 30 October 2015;
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014-2015 (No. 3), dated 5 November 2015; and
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014-2015 (No. 4), dated 11 November 2015,
to adjust amounts appropriated to non-corporate Commonwealth entities, in response to the Administrative Arrangements Order (AAO) made on 30 September 2015 and the smaller government agenda.
The amendment determination modifies the 2014-2015 Appropriation Acts to support functions transferring:
from the Attorney-General’s Department to the Department of Communications and the Arts (previously known as the Department of Communications), in relation to censorship, copyright, and cultural affairs, including movable cultural heritage and support for the arts;
from the Department of Social Services to the Department of Education and Training, in relation to childcare policy and programmes, and co-ordination of early childhood development policy and responsibilities; and
from the Department of Social Services to the Department of Health, in relation to services for older people, including their carers, and policy for and promotion of active ageing, other than employment policy; and
- from the Australian Customs and Border Protection Service to the Department of Immigration and Border Protection in relation to the Customs and Other Legislation Amendment (Australian Border Force) Act 2015, which abolished the Australian Customs and Border Protection Service as of 1 July 2015.
The determination results in no change to the total amount appropriated by Parliament.
Commencement
The amendment determination commences on 13 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 2014-2015, 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 adds paragraphs 5(3)(c) and (d) to the primary determination so that Appropriation Act (No. 1) 2014-2015 has effect as if, respectively, the following outcomes were included in Schedule 1 for:
- the Department of Communications and the Arts:
Outcome 2
Participation in, and access to, Australia’s arts and culture through developing and supporting cultural expression
ii. the Department of Health:
Outcome 11
Improved wellbeing for older Australians through targeted support, access to quality care and related information services
2. The tables in the amendment determination provide an aggregate of appropriation items for each affected entity, rather than the individual items. While the tables in the amendment determination are stated in the $thousands ($’000), the tables below set out the individual transfer amounts and the resulting aggregate amount in dollars and cents 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.
3. Items 2, 3, 4 and 5 of the amendment determination modify and add specified items to the table in subsection 5(4) of the primary determination. The items in the table affect relevant appropriation items in Schedule 1 to Appropriation Act (No. 1) 2014-2015 in the following way, which results in no change to the total amount appropriated by Parliament.
Item | Entity | Appropriation item | Primary Determination ($) | Transfer Increase (+) / decrease (-) ($) | Amendment Determination ($) |
1 | Department of Social Services | Administered item, Outcome 2 | +239,875,000.00 | -58,156,000.00 | +181,719,000.00 |
2 | Department of Education and Training | Administered item, Outcome 1 | -239,875,000.00 | +58,156,000.00 | -181,719,000.00 |
8 | Department of Education and Training | Departmental item | +9,695,000.00 | +12,811,000.00 | +22,506,000.00 |
9 | Department of Social Services | Departmental item | +24,290,000.00 | -38,784,000.00 | -14,494,000.00 |
21 | Department of Health | Departmental item | +8,814,000.00 | +25,973,000.00 | +34,787,000.00 |
24 | Department of Health | Administered item, Outcome 11 | 0.00 | +174,341,620.54 | +174,341,620.54 |
25
| Department of Social Services | Administered item, Outcome 3 | 0.00 | -174,341,620.54 | -174,341,620.54 |
26 | Department of Immigration and Border Protection | Departmental item | 0.00 | +43,047,516.63 | +43,047,516.63 |
27 | Australian Customs and Border Protection Service | Departmental item | 0.00 | -43,047,516.63 | -43,047,516.63 |
28 | Department of Communications and the Arts | Administered item, Outcome 2 | 0.00 | +5,397,829.53 | +5,397,829.53 |
29 | Attorney-General’s Department | Administered item, Outcome 2 | 0.00 | -5,397,829.53 | -5,397,829.53 |
4. Item 6 of the amendment determination adds items to the end of the table at subsection 6(3) of the primary determination. The items in the table affect relevant appropriation items in Schedule 2 to Appropriation Act (No. 2) 2014-2015 in the following way, which results in no change to the total amount appropriated by Parliament.
Item | Entity | Appropriation item | Primary Determination ($) | Transfer Increase (+) / decrease (-) ($) | Amendment Determination ($) |
7 | Department of Immigration and Border Protection | Other departmental item (Equity Injections) | 0.00 | +12,911,823.89 | +12,911,823.89 |
8 | Australian Customs and Border Protection Service | Other departmental item (Equity Injections) | 0.00 | -12,911,823.89 | -12,911,823.89 |
5. Item 7 of the amendment determination adds items to the end of the table at subsection 7(2) of the primary determination. The items in the table affect relevant appropriation items in Schedule 1 to Appropriation Act (No. 3) 2014-2015 in the following way, which results in no change to the total amount appropriated by Parliament.
Item | Entity | Appropriation item | Primary Determination ($) | Transfer Increase (+) / decrease (-) ($) | Amendment Determination ($) |
5 | Department of Immigration and Border Protection | Departmental item | 0.00 | +63,802,676.48 | +63,802,676.48 |
6 | Australian Customs and Border Protection Service | Departmental item | 0.00 | -63,802,676.48 | -63,802,676.48 |
6. Item 8 of the amendment determination adds section 8 that applies to appropriation items in Schedule 2 to Appropriation Act (No. 4) 2014-2015 and section 9 that applies to appropriation items in Schedule 1 to Appropriation Act (No. 5) 2014-2015.
7. The table at subsection 8(2) affects relevant appropriation items in Schedule 2 to Appropriation Act (No. 4) 2014-2015 in the following way, which results in no change to the total amount appropriated by Parliament.
Item | Entity | Appropriation item | Primary Determination ($) | Transfer Increase (+) / decrease (-) ($) | Amendment Determination ($) |
1 | Department of Immigration and Border Protection | Other departmental item (Equity Injections) | 0.00 | +16,074,000.00 | +16,074,000.00 |
2 | Australian Customs and Border Protection Service | Other departmental item (Equity Injections) | 0.00 | -16,074,000.00 | -16,074,000.00 |
8. Item 8 of the amendment determination also adds subsection 9(2) to the primary determination so that Appropriation Act (No. 5) 2014-2015 has effect as if Outcome 11 was included for the Department of Health:
Improved wellbeing for older Australians through targeted support, access to quality care and related information services
9. A paragraph is included in both sections 8 and 9 clarifying that when there is an increase for an appropriation item for a gaining entity, where the appropriation item only has effect because of the determination, the increase is applied to a nil amount. For example, this situation may arise where an entity gains an outcome, such as in subsection 9(2).
10. The table at subsection 9(3) affects relevant appropriation items in Schedule 1 to Appropriation Act (No. 5) 2014-2015 in the following way, which results in no change to the total amount appropriated by Parliament.
Item | Entity | Appropriation item | Primary Determination ($) | Transfer Increase (+) / decrease (-) ($) | Amendment Determination ($) |
1 | Department of Health | Administered item, Outcome 11 | 0.00 | +46,689,000.00 | +46,689,000.00 |
2 | Department of Social Services | Administered item, Outcome 3 | 0.00 | -46,689,000.00 | -46,689,000.00 |