Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 6)

Administered by Department of Finance

Legislation au F2016L01852 Not in force Legislative Instrument

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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 20152016 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 20152016 (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, subdelegated 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) 20152016 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) 20152016 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) 20152016 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.

 

 

Overview

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 6) was enacted to amend the 2015-2016 Appropriation Acts, reflecting the transfer of functions from the Department of Industry, Innovation and Science to the Department of the Environment and Energy concerning energy policy, and from the Family Court and Federal Circuit Court to the Federal Court of Australia following their amalgamation on 1 July 2016. This amendment determination was made under section 75 of the Public Governance, Performance and Accountability Act 2013 and is designed to ensure that the total amount appropriated by Parliament remains unchanged. The amendment determination was issued by the Finance Minister, who has delegated the power to make such determinations to the Secretary of the Department of Finance, with further sub-delegation to certain officials within the Department of Finance. The affected entities were consulted during the preparation of the determination in accordance with the requirements of the Legislation Act 2003.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 applies to the modification of specific appropriation acts to support the transfer of functions from the Department of Industry, Innovation and Science to the Department of the Environment and Energy concerning energy policy, and from the Family Court and Federal Circuit Court to the Federal Court of Australia following their amalgamation on 1 July 2016. The amendment determination ensures that the total amount appropriated by Parliament remains unchanged. Geographically, it applies at the Commonwealth level, affecting non-corporate Commonwealth entities. The amendment determination does not require a Statement of Compatibility with Human Rights, as it is exempt from disallowance under the PGPA Act. The amendment determination came into effect on 1 December 2016, with the Finance Minister authorised to make the determination under section 75 of the PGPA Act, and the power delegated to certain officials within the Department of Finance.

Key Provisions

The key operative sections of the Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 6) (the Amendment Determination) include modifications to 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 in relation to energy policy, and from the Family Court and Federal Circuit Court to the Federal Court of Australia to reflect their amalgamation on 1 July 2016. This is achieved through changes to section 5 of the Determination (item 1), which modifies references to the Portfolio and Department names to reflect the new departmental structure. Additionally, items 2 and 3 of the Amendment Determination adjust the appropriation items in Schedules 1 and 2 to the Appropriation Act (No. 1) and (No. 2) 2015-2016, respectively, to allocate funding accordingly. Finally, item 4 modifies Schedule 1 to the Appropriation Act (No. 3) 2015-2016 to reflect the changes in departmental responsibilities. The Amendment Determination imposes several obligations and requirements on the entities involved. Firstly, it requires the Department of the Environment and Energy to assume the energy policy functions previously held by the Department of Industry, Innovation and Science. Secondly, it mandates that the Federal Court of Australia takes over the responsibilities of the Family Court and Federal Circuit Court, including any associated funding and resources. These obligations are designed to ensure a seamless transition of functions and resources between the affected entities. Under the Public Governance, Performance and Accountability Act 2013 (PGPA Act), the Finance Minister has the authority to make determinations regarding the transfer of functions between non-corporate Commonwealth entities. The Secretary of the Department of Finance, who has been delegated this power, made the Amendment Determination under section 75 of the PGPA Act. The Amendment Determination is not subject to disallowance, and therefore, no Statement of Compatibility with Human Rights is required. The entities involved were consulted in the preparation of the Amendment Determination, consistent with the Legislation Act 2003. There are no specific offences, penalties, or civil/criminal consequences outlined in the Amendment Determination for non-compliance with its provisions. However, failure to comply with the requirements of the PGPA Act or other relevant legislation could result in administrative or legal consequences. The total amount appropriated by Parliament remains unchanged, and the Amendment Determination is designed to ensure a smooth transition of functions and funding between the affected entities.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.