EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016-2017 (No. 1) (the amendment determination)
Purpose of the determination
The amendment determination modifies the 2016‑2017 Appropriation Acts (which include the 2016‑2017 Supply Acts) to support functions transferred:
from the Department to 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 Department of Human Services to the Digital Transformation Agency (previously known as the Digital Transformation Office), in relation to myGov service strategy, policy and user experience.
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 2016-2017 (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 2016-2017, 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 modifies the definition of Appropriation Act, in section 4 of the Determination, to include all 2016‑2017 Appropriation Acts to date.
2. In accordance with the Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rule 2016 of 14 November 2016 to rename the Digital Transformation Office to the Digital Transformation Agency, item 2 modifies section 5 of the Determination so that references to entity names in the Appropriation Acts have effect as if the Digital Transformation Office is referred to as the Digital Transformation Agency.
3. Item 3 modifies items in the table in subsection 6(3) of the Determination. The items affect relevant appropriation items in Schedule 1 to Supply Act (No. 1) 2016-2017 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Transfer Increase (+) / decrease (-) ($) | Amended amount transferred by the Determination ($) |
1 | Department of the Environment and Energy | Administered item, Outcome 5 | +2,310,000.00 | +238,000.00 | +2,548,000.00 |
2 | Department of Industry, Innovation and Science | Administered item, Outcome 1 | -2,310,000.00 | -238,000.00 | -2,548,000.00 |
3 | Department of the Environment and Energy | Departmental item | +6,500,000.00 | +19,900,000.00 | +26,400,000.00 |
4 | Department of Industry, Innovation and Science | Departmental item | -6,500,000.00 | -19,900,000.00 | -26,400,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
4. Item 4 adds items to the table in subsection 6(3) of the Determination. The items affect relevant appropriation items in Schedule 1 to the Supply Act (No. 1) 2016‑2017 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Transfer Increase (+) / decrease (-) ($) | Amended amount transferred by the Determination ($) |
5 | Digital Transformation Agency | Departmental item | 0.00 | +700,000.00 | +700,000.00 |
6 | Department of Human Services | Departmental item | 0.00 | -700,000.00 | -700,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.