EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 8) (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 adjust amounts appropriated to non-corporate Commonwealth entities in response to amendments to the Administrative Arrangements Order (AAO) made on 20 December 2017.
The amendment determination modifies the Appropriation Acts to support functions transferred to the Department of Home Affairs from the Attorney-General’s Department in relation to national security and law enforcement policy and operations, Commonwealth emergency management, critical infrastructure protection co-ordination, protective services at Commonwealth establishments and diplomatic and consular premises in Australia and natural disaster relief, recovery and mitigation policy and financial assistance including payments to the States and Territories and the Australian Government Disaster Recovery Payment.
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 this determination.
The amendment determination amends the 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
- Item 1 of the amendment determination adds paragraphs 5(i) and 5(j) to section 5 of the Determination. These paragraphs modify the Appropriation Acts such that references to Immigration and Border Protection were references to Home Affairs.
- Item 2 of the amendment determination adds paragraphs 6(2)(e) and 6(2)(f) to subsection 6(2) of the Determination. These paragraphs have effect as if the following revised outcomes were included in Schedule 1 for the Department of Home Affairs, to reflect the functions it has gained from the amendment to the AAOs made on 20 December 2017:
- Outcome 1 for the Department of Home Affairs:
Protect Australia’s sovereignty, security and safety through its national security, emergency management system, law enforcement, and managing its border, including managing the stay and departure of all non-citizens
The text for Outcome 1 reflects the transfer of several functions to the Department of Home Affairs.
- Outcome 2 for the Department of Home Affairs:
Support a prosperous and inclusive society, and advance Australia’s economic interests through the effective management of the visa, multicultural and citizenship programs and provision of refugee and humanitarian assistance
The text for Outcome 2 reflects the transfer of multicultural affairs function to the Department of Home Affairs.
3. Item 3 of the amendment determination adds items 45 and 46 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 ($) | Amount transferred by the amendment determination ($) | Amended amount transferred by the Determination ($) |
45 | Department of Home Affairs | Administered item, Outcome 1 | 0.00 | +911,455.08 | +911,455.08 |
46 | Attorney-General’s Department | Administered item, Outcome 1 | 0.00 | -911,455.08 | -911,455.08 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
4. Item 4 of the amendment determination adds paragraphs 7(2)(e) and 7(2)(f) to subsection 7(2) of the Determination. These paragraphs have effect to allow for a State, ACT, NT and local government item to be included for the Department of Home Affairs in the Appropriation Act (No. 2) 2015‑2016.
5. Item 5 of the amendment determination adds items 14 and 15 to the table in subsection 7(3) of the Determination. The items affect relevant appropriation items in Schedule 2 to the Appropriation Act (No. 2) 2015‑2016 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Amount transferred by the amendment determination ($) | Amended amount transferred by the Determination ($) |
14 | Department of Home Affairs | State, ACT, NT and local government item, Outcome 1 | 0.00 | +409,817.00 | +409,817.00 |
15 | Attorney-General’s Department | State, ACT, NT and local government item, Outcome 1 | 0.00 | -409,817.00 | -409,817.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
6. Item 6 of the amendment determination inserts section 8(1A) in section 8 of the Determination. This section includes the following revised outcome statements for the Department of Home Affairs, to reflect the functions it has gained from the amendment to the AAOs made on 20 December 2017:
- Outcome 1 for the Department of Home Affairs:
Protect Australia’s sovereignty, security and safety through its national security, emergency management system, law enforcement, and managing its border, including managing the stay and departure of all non-citizens
The text for Outcome 1 reflects the transfer of several functions to the Department of Home Affairs.
- Outcome 2 for the Department of Home Affairs:
Support a prosperous and inclusive society, and advance Australia’s economic interests through the effective management of the visa, multicultural and citizenship programs and provision of refugee and humanitarian assistance
The text for Outcome 2 reflects the transfer of multicultural affairs function to the Department of Home Affairs.
7. Item 7 of the amendment determination adds items 5 and 6 to the table in subsection 8(2) of the Determination. The items affect relevant appropriation items in Schedule 1 to the Appropriation Act (No. 3) 2015‑2016 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Amount transferred by the amendment determination ($) | Amended amount transferred by the Determination ($) |
5 | Department of Home Affairs | Administered item, Outcome 1 | 0.00 | +215,437.20 | +215,437.20 |
6 | Attorney-General’s Department | Administered item, Outcome 1 | 0.00 | -215,437.20 | -215,437.20 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
8. Item 8 of the amendment determination adds section 9 to the Determination, which applies to appropriation items in Schedule 2 to the Appropriation Act (No. 4) 2015‑2016.
9. The table at subsection 9(2) affects relevant appropriation items in Schedule 2 to the Appropriation Act (No. 4) 2015‑2016 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Amount transferred by the amendment determination ($) | Amended amount transferred by the Determination ($) |
1 | Department of Home Affairs | Administered assets and liabilities item | 0.00 | +985,000.00 | +985,000.00 |
2 | Attorney-General’s Department | Administered assets and liabilities item | 0.00 | -985,000.00 | -985,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.