EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 6) (the amendment determination)
Purpose of the determination
The amendment determination modifies the 2015‑2016 Appropriation Acts to support functions transferred:
from the Department of Industry, Innovation and Science to the Department of the Environment and Energy (previously known as the Department of the Environment) in relation to energy policy; and
- from the Family Court and Federal Circuit Court to the Federal Court of Australia to reflect the amalgamation of the entities on 1 July 2016.
The amendment determination is made under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) to amend the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015‑2016 (the Determination).
The amendment determination results in no change to the total amount appropriated by Parliament.
Commencement
The amendment determination commences on 1 December 2016.
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 8 of the Legislation 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 Legislation 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 Chapter 3, Part 1 of the Legislation Act 2003, the affected entities were consulted in the preparation of the amendment determination.
Summary of Modifications
1. In accordance with the Administrative Arrangements Order amendment made on 19 July 2016, item 1 modifies section 5 of the Determination so that references to Portfolio names in the Appropriation Acts have effect as if Environment is referred to as Environment and Energy, and references to Department names have effect as if the Department of the Environment is referred to as the Department of the Environment and Energy.
2. Item 2 of the amendment determination adds items to the table in subsection 6(3) of the Determination. The items affect relevant appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2015‑2016 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Transfer Increase (+) / decrease (-) ($) | Amended amount transferred by the Determination ($) |
42 | Federal Court of Australia | Departmental item | 0.00 | +10,611,441.96 | +10,611,441.96 |
43 | Family Court and Federal Circuit Court | Departmental item | 0.00 | -10,611,441.96 | -10,611,441.96 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
3. Item 3 adds items to the table in subsection 7(3) of the Determination. The items affect relevant appropriation items in Schedule 2 to Appropriation Act (No. 2) 2015‑2016 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Transfer Increase (+) / decrease (-) ($) | Amended amount transferred by the Determination ($) |
12 | Department of the Environment and Energy | Other departmental item (Equity Injections) | 0.00 | +8,150,000.00 | +8,150,000.00 |
13 | Department of Industry, Innovation and Science | Other departmental item (Equity Injections) | 0.00 | -8,150,000.00 | -8,150,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
4. Item 4 adds items to the table in subsection 8(2) of the Determination. The items affect relevant appropriation items in Schedule 1 to Appropriation Act (No. 3) 2015‑2016 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Transfer Increase (+) / decrease (-) ($) | Amended amount transferred by the Determination ($) |
3 | Federal Court of Australia | Departmental item | 0.00 | +1,118,000.00 | +1,118,000.00 |
4 | Family Court and Federal Circuit Court | Departmental item | 0.00 | -1,118,000.00 | -1,118,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.