Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 8)

Administered by Department of Finance

Legislation au F2018L00822 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 20152016 (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, subdelegated 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

  1. 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.
  2. 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) 20152016 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) 20152016.

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) 20152016 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) 20152016 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) 20152016.

9.       The table at subsection 9(2) affects relevant appropriation items in Schedule 2 to the Appropriation Act (No. 4) 20152016 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.

 

Overview

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016, made under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), adjusts appropriations for non-corporate Commonwealth entities in response to amendments to the Administrative Arrangements Order made on 20 December 2017. This amendment determination facilitates the transfer of specific functions from the Attorney-General's Department to the Department of Home Affairs, relating to national security, emergency management, critical infrastructure protection, protective services, diplomatic and consular premises, and natural disaster relief. This legislative instrument ensures that the overall amount appropriated by Parliament remains unchanged. Enacted by the Parliament of Australia, the determination aims to streamline and enhance the efficiency of governmental operations by realigning functions and associated appropriations to better reflect the current administrative structure and responsibilities.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 modifies the Appropriation Acts to support the transfer of functions from the Attorney-General’s Department to the Department of Home Affairs, as outlined in the Administrative Arrangements Order made on 20 December 2017. This amendment determination, made under section 75 of the Public Governance, Performance and Accountability Act 2013, ensures that the total amount appropriated by Parliament remains unchanged. The determination applies to non-corporate Commonwealth entities involved in the transfer, particularly the Department of Home Affairs and the Attorney-General’s Department. It encompasses functions related to national security, emergency management, law enforcement, border control, and multicultural affairs. The amendment determination takes effect the day after it is registered, and it adjusts appropriations to align with the new functional responsibilities of the Department of Home Affairs, including an increase in administered items and state, ACT, NT, and local government items. It is important to note that this determination is exempt from disallowance, and therefore, a Statement of Compatibility with Human Rights is not required.

Key Provisions

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016, under section 75 of the Public Governance, Performance and Accountability Act 2013, modifies the Appropriation Acts to reflect changes in the functions transferred between non-corporate Commonwealth entities, particularly from the Attorney-General’s Department to the Department of Home Affairs. The key modifications include re-aligning references from "Immigration and Border Protection" to "Home Affairs" (sections 5(i) and 5(j)), and updating the outcomes and appropriation items to reflect the new functions related to national security, emergency management, law enforcement, and border management (sections 6(2)(e) and 6(2)(f), and 7(2)(e) and 7(2)(f)). Additionally, it introduces new appropriation items for the Department of Home Affairs, such as the State, ACT, NT and local government item for Outcome 1 (section 7(3)). The amendment determination imposes specific obligations on the Department of Home Affairs and the Attorney-General’s Department to adhere to the new appropriation allocations as detailed in the amended Appropriation Acts. It also mandates that these entities ensure their financial planning and reporting align with the revised functions and appropriation items. The determination requires both entities to provide accurate and timely financial data to support the new allocations, ensuring transparency and accountability in the use of public funds. There are no specific offences, penalties, or civil/criminal consequences outlined in the amendment determination for breaches of the provisions. However, non-compliance with the Act's general requirements for financial management and reporting could result in administrative or legal consequences, including potential audits, investigations, or financial penalties under other applicable legislation. The determination itself is exempt from disallowance under section 75(7) of the PGPA Act, which means there is no requirement for a Statement of Compatibility with Human Rights, as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011.

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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.