EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 4) (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;
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 2), dated 11 November 2015; and
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 3), dated 13 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 further support functions transferring from the Department of the Environment to the Department of Agriculture and Water Resources, in relation to water policy and resources.
The amendment determination results in no change to the total amount appropriated by Parliament.
Commencement
The amendment determination commences on the day after it is registered.
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 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
- The table in the amendment determination provides 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 table below sets 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.
- Item 1 of the amendment determination modifies specified 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 Appropriation Act (No. 1) 2015-2016 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 the Environment | Administered item, Outcome 3 | +304,885,000.00 | +11,000,000.00 | +315,885,000.00 |
2 | Department of Agriculture and Water Resources | Administered item, Outcome 4 | -304,885,000.00 | -11,000,000.00 | -315,885,000.00 |
Overview
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 4) was enacted to modify the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015-2016. This amendment responds to the Administrative Arrangements Order made on 30 September 2015, addressing the reallocation of appropriations between the Department of the Environment and the Department of Agriculture and Water Resources. The objective is to support functions transferring from the Department of the Environment to the Department of Agriculture and Water Resources in relation to water policy and resources. The determination was made under section 75 of the Public Governance, Performance and Accountability Act 2013 by the Secretary of the Department of Finance, who was sub-delegated this power by the Finance Minister. The amendment results in no change to the total amount appropriated by Parliament and commenced on the day after its registration. The affected entities were consulted in preparation of the amendment, in accordance with the Legislative Instruments Act 2003.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 4) applies to the modification of appropriations for non-corporate Commonwealth entities as specified in the Appropriation Act (No. 1) 2015-2016, responding to the Administrative Arrangements Order dated 30 September 2015. This amendment determination is made under section 75 of the Public Governance, Performance and Accountability Act 2013, and it specifically adjusts the appropriation amounts for functions transferring from the Department of the Environment to the Department of Agriculture and Water Resources, concerning water policy and resources. The amendment ensures that there is no overall change to the total amount appropriated by Parliament. The jurisdictional reach of this determination is limited to the Commonwealth level, affecting only the specified entities and appropriation items as outlined.
The amendment determination does not require a Statement of Compatibility with Human Rights, as determinations under section 75 of the PGPA Act are exempt from disallowance, and thus, not subject to the scrutiny under the Human Rights (Parliamentary Scrutiny) Act 2011. The determination process involved consultation with the affected entities, as mandated by Part 3 of the Legislative Instruments Act 2003. The primary objective is to support the reallocation of functions between departments while maintaining the overall appropriation amounts set by Parliament.
Key Provisions
The main operative sections of the Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 4) (the amendment determination) adjust appropriations for non-corporate Commonwealth entities in response to the Administrative Arrangements Order made on 30 September 2015. This amendment determination modifies the Appropriation Act (No. 1) 2015-2016, specifically affecting the Department of the Environment and the Department of Agriculture and Water Resources. The amendment results in no overall change to the total amount appropriated by Parliament. Under this determination, there is a reallocation of funds to support the transfer of functions relating to water policy and resources from the Department of the Environment to the Department of Agriculture and Water Resources.
The amendment determination imposes specific obligations on the parties involved, primarily the Department of the Environment and the Department of Agriculture and Water Resources. These obligations include the reallocation of specified appropriation items as outlined in the amendment determination. The Department of the Environment is required to transfer a certain amount of funds to the Department of Agriculture and Water Resources, while the latter must accept and account for these funds in its budget. Both departments must ensure that the reallocation complies with the terms set forth in the amendment determination and the overarching requirements of the Public Governance, Performance and Accountability Act 2013.
The amendment determination does not specify any new offences or penalties for breach. However, any failure to comply with the terms of the determination could potentially lead to broader consequences under the PGPA Act. The PGPA Act provides for various enforcement mechanisms, including compliance notices, recovery of improper payments, and disciplinary actions against public officers. While the amendment determination itself does not outline specific penalties, non-compliance with the PGPA Act could result in significant civil or criminal consequences, including fines and imprisonment, depending on the severity of the breach.
In summary, the amendment determination modifies appropriations for the Department of the Environment and the Department of Agriculture and Water Resources to support the transfer of water-related functions. It imposes specific reallocation obligations on these entities and does not introduce new penalties but relies on the broader enforcement provisions of the PGPA Act for compliance.