Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014-2015 (No. 6)

Overview

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014-2015 (No. 6) was enacted to adjust appropriations to non-corporate Commonwealth entities in response to the Administrative Arrangements Order made on 18 February 2016. This amendment was introduced to ensure that the appropriations transferred between entities are aligned with the changes in administrative arrangements. The determination is made under section 75 of the Public Governance, Performance and Accountability Act 2013, which empowers the Finance Minister to modify schedules of Appropriation Acts related to the transfer of functions between non-corporate Commonwealth entities. The amendment results in no net change to the total amount appropriated by Parliament. The determination was prepared with consultation from the affected entities and commenced on 1 April 2016. The determination, issued by the Secretary of the Department of Finance, modifies the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2014-2015, which is a legislative instrument under the Legislation Act 2003. This amendment specifically addresses the transfer of population policy functions from the Department of the Environment to the Department of the Prime Minister and Cabinet. It ensures that the appropriations are accurately reflected to support the new administrative arrangements, without altering the overall appropriation sum set by Parliament. The determination is not subject to disallowance under the Public Governance, Performance and Accountability Act 2013, and therefore, a Statement of Compatibility with Human Rights is not required.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014-2015 (No. 6) amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2014-2015 under section 75 of the Public Governance, Performance and Accountability Act 2013, to adjust appropriations for non-corporate Commonwealth entities in response to a recent Administrative Arrangements Order. This amendment determination applies to the Department of the Environment and the Department of the Prime Minister and Cabinet in relation to population policy, and modifies the Appropriation Act (No. 1) 2014-2015 accordingly. It is important to note that this amendment determination results in no change to the total amount appropriated by Parliament. The amendment determination is made by the Secretary of the Department of Finance, who has been delegated this power by the Finance Minister under section 107 of the PGPA Act, and further sub-delegated to certain officials within the Department of Finance. The amendment determination commenced on 1 April 2016. The amendment determination modifies and adds specified items to the table in subsection 5(4) of the primary determination, providing aggregate amounts of appropriation items transferred for each affected entity, rather than the individual transfer amounts. The amendment determination affects relevant appropriation items in Schedule 1 to Appropriation Act (No. 1) 2014-2015, with a positive amount reflecting an increase in an appropriation item and a negative amount reflecting a decrease in an appropriation item. This amendment determination does not require a Statement of Compatibility with Human Rights, as it is exempt from disallowance under the PGPA Act, and the affected entities were consulted in its preparation.

Key Provisions

The main operative sections of the Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014-2015 (No. 6) (the amendment determination) are sections 1 to 6, which provide the framework for adjusting appropriations for non-corporate Commonwealth entities in response to changes in administrative arrangements. The amendment determination modifies the Appropriation Act (No. 1) 2014-2015, specifically to support the transfer of functions from the Department of the Environment to the Department of the Prime Minister and Cabinet related to population policy. Section 1 sets out the purpose of the amendment, while sections 2 to 6 detail the specific changes and adjustments to the appropriation amounts for the affected entities, ensuring that the total appropriated amount remains unchanged. The amendment determination imposes obligations on the Department of the Environment and the Department of the Prime Minister and Cabinet, as the entities affected by the transfer of functions. These obligations include accurately reporting the appropriation items as adjusted by the amendment determination, ensuring compliance with the changes, and maintaining records that reflect the updated appropriation amounts. Both departments must also ensure that the adjustments do not alter the total appropriation amount approved by Parliament, thereby maintaining fiscal integrity and transparency in the appropriation process. Under the amendment determination, there are no explicit offences or penalties for non-compliance as it is a regulatory instrument aimed at adjusting appropriations rather than enforcing compliance through penalties. However, failure to comply with the requirements of the amendment determination could potentially lead to broader administrative or legal consequences if it results in discrepancies in the appropriation records or fiscal mismanagement. The determination itself focuses on ensuring that the adjustments are correctly reflected in the appropriation amounts for the affected entities, without introducing new civil or criminal liabilities for the parties involved.