Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 1)

EXPLANATORY STATEMENT

Public Governance, Performance and Accountability Act 2013

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (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 2015-2016 (the primary determination), dated 30 October 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 adjusts Appropriation Act (No. 1) 2015-2016 and Appropriation Act (No. 2) 2015-2016 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 Communications and the Arts to the Department of Industry, Innovation and Science (previously known as the Department of Industry and Science), in relation to national policy issues relating to the digital economy;

         from the Department of Finance to the Department of the Prime Minister and Cabinet in relation to public data policy, including Gov 2.0 and related matters;

         from the Department of Human Services to the Department of Health, in relation to Medicare provider compliance;

         from the Department of Industry, Innovation and Science to the Department of the Environment, in relation to renewable energy technology development; and

         from the Department of the Treasury to the Department of Industry, Innovation and Science, in relation to Northern Australia policy and coordination.

The amendment 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 2015-2016, 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, item 1 of the amendment determination modifies subsection 5(2) of the primary determination so that references to Portfolio names in Appropriation Act (No. 1) 2015-2016 and Appropriation Act (No. 2) 2015-2016 have effect as if:

• Communications is referred to as Communications and the Arts; and
• Industry and Science is referred to as Industry, Innovation and Science.

2.                   Also, references to Department names in Appropriation Act (No. 1) 2015-2016 and Appropriation Act (No. 2) 2015-2016 have effect as if:

• the Department of Communications is referred to as the Department of Communications and the Arts; and
• the Department of Industry and Science is referred to as the Department of Industry, Innovation and Science.

3.                   Item 2 of the amendment determination adds paragraph 6(2)(d) to the primary determination so that Appropriation Act (No. 1) 2015-2016 has effect as if the following Outcome was 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

4.                   The text for Outcome 2 for the Department of Communications and the Arts is the same as the text of Outcome 2 for the Attorney-General’s Department, and reflects the transfer of the cultural affairs function, including movable cultural heritage and support for the arts to the Department of Communications and the Arts. Replicating the text of the relevant Outcome for the gaining entity ensures that the purposes in which Parliament appropriated for the transferred function remains unchanged.

5.                   Item 3 of the amendment determination adds subsection 6(2A) to the primary determination so that Appropriation Act (No. 1) 2015-2016 has effect as if the following corporate entity items were included in the Communications and the Arts Portfolio:

•    Australia Council
•    Australian Film, Television and Radio School
•    Australian National Maritime Museum
•    National Film and Sound Archive of Australia
•    National Gallery of Australia
•    National Library of Australia
•    National Museum of Australia
•    National Portrait Gallery of Australia
•    Screen Australia

6.                   As per Schedule 1 of Appropriation Act (No. 1) 2015-2016, appropriations in relation to the above corporate entities were available to the Attorney-General’s Portfolio, for payment to the corporate entities. Accordingly, to recognise the transfer of function to the Communications and the Arts Portfolio for cultural affairs, including movable cultural heritage and support for the arts, the amendment determination has effect as if the relevant corporate entity items were included for the Communications and the Arts Portfolio.

7.                   Items 4 and 5 of the amendment determination modify items in the table in subsection 6(3) of the primary determination to reflect the transfer of appropriations between entities affected by the AAO.  The table in subsection 6(3) in the primary determination provides an aggregation of appropriation items for each affected entity, rather than the individual items.

8.                   In item 4 in the amendment determination, the modification of subsection 6(3) table item 4 (Department of the Environment) is calculated as the offsetting amounts for both table item 3 (Department of Agriculture and Water Resources) in the primary determination and a portion of table item 34 (Department of Industry, Innovation and Science) in the amendment determination as follows:

9.                   The individual transfer amounts for the aggregated amount in table item 34, including the portion related to the transfer noted above to the Department of the Environment, affecting the departmental item in the Appropriation Act (No. 1) 2015-2016 for the Department of Industry, Innovation and Science are as follows:

10.               In item 5 in the amendment determination, the modification of subsection 6(3) table item 9 (Department of Health) is calculated as the offsetting amounts for a portion of table item 11 (Department of Social Services) in the primary determination and table item 12 (Department of Human Services) in the amendment determination as follows:

11.               Item 6 of the amendment determination adds items to the table in subsection 6(3) of the primary determination. The items in the table affect relevant appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2015-2016 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.

12.               The table in the amendment determination provides an aggregate of the transfer amounts for each affected appropriation item, rather than the individual transfer amounts. While the table in the amendment determination is stated in the $thousands ($’000), the table below sets out the individual transfer amounts in dollars and cents for each affected appropriation item:

13.               Item 7 of the amendment determination inserts subsection 7(2A) to the primary determination so that Schedule 2 to Appropriation Act (No. 2) 2015-2016 has effect as if the following corporate entity items were included in the Communications and the Arts Portfolio:

•    Australian National Maritime Museum
•    National Film and Sound Archive of Australia
•    National Gallery of Australia
•    National Library of Australia
•    National Museum of Australia
•    National Portrait Gallery of Australia

14.               This recognises the corporate entities affected by the transfer of function from the Attorney-General’s Portfolio to the Communications and the Arts Portfolio relating to cultural affairs, including movable cultural heritage and support for the arts.

15.               Item 8 adds items to the table at subsection 7(3) in the primary determination. The new items affect relevant appropriation items in Schedule 2 to Appropriation Act (No. 2) 2015-2016 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.

16.               While the table in the amendment determination is stated in the $thousands ($’000), the table below sets out the individual transfer amounts in dollars and cents for each affected appropriation item: