Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 2)

EXPLANATORY STATEMENT

Public Governance, Performance and Accountability Act 2013

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (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 amend Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015-2016 (the primary determination), dated 30 October 2015, and amended by Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 1), 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 Appropriation Act (No. 1) 2015-2016 to support functions transferring:

         from the Department of Communications and the Arts to the Department of the Prime Minister and Cabinet, in relation to whole-of-government service delivery policy;

         from the Department of the Environment to the Department of Agriculture and Water Resources, in relation to water policy and resources;

         from the Department of Finance to the Digital Transformation Office, in relation to public data policy and related matters;

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

         from the Department of Infrastructure and Regional Development 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 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 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.           Items 1 to 9 of the amendment determination modify and add 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 items in the table affects 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.
2.           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.