EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016-2017 (No. 2) (the amendment determination)
Purpose of the determination
The amendment determination modifies the 2016‑2017 Appropriation Acts to support functions transferred from the Department of Finance to the Digital Transformation Agency in relation to whole of government information and communications technology functions.
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 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 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 adds an additional section, section 7, to the Determination. The section modifies items in Schedule 1 to Appropriation 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 | Digital Transformation Agency | Departmental item | 0.00 | +2,375,000.00 | +2,375,000.00 |
2 | Department of Finance | Departmental item | 0.00 | -2,375,000.00 | -2,375,000.00 |
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 2016-2017 (No. 2) was enacted to modify the 2016-2017 Appropriation Acts, facilitating the transfer of whole of government information and communications technology functions from the Department of Finance to the Digital Transformation Agency. This amendment determination was introduced to address the need for reallocating resources and responsibilities within the Australian government to improve efficiency and performance in digital services. Made under section 75 of the Public Governance, Performance and Accountability Act 2013, the amendment was enacted by the relevant officials within the Department of Finance, who were delegated this power by the Finance Minister. The objective of the amendment is to ensure a smooth transition of functions and appropriations without altering the total amount appropriated by Parliament, while maintaining the integrity of the financial allocations. The determination comes into effect on the day following its registration.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016-2017 (No. 2) is an instrument made under section 75 of the Public Governance, Performance and Accountability Act 2013 to modify the 2016-2017 Appropriation Acts. Its purpose is to support functions transferred from the Department of Finance to the Digital Transformation Agency concerning whole of government information and communications technology functions. This amendment results in no change to the total amount appropriated by Parliament. The amendment determination modifies specific appropriation items in the Appropriation Act (No. 1) 2016-2017 by transferring $2,375,000.00 from the Department of Finance to the Digital Transformation Agency. The amendment determination is exempt from disallowance and does not require a Statement of Compatibility with Human Rights as it is not subject to disallowance under the Legislation Act 2003. Consultation with the affected entities was conducted in accordance with the Legislation Act 2003.
Key Provisions
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016-2017 (No. 2) modifies the 2016-2017 Appropriation Acts to facilitate the transfer of whole of government information and communications technology functions from the Department of Finance to the Digital Transformation Agency. This amendment is made under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and it modifies the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2016-2017. Specifically, it includes an additional section, section 7, which alters the appropriations for the Digital Transformation Agency and the Department of Finance. The Digital Transformation Agency's appropriation increases by $2,375,000.00, while the Department of Finance's appropriation decreases by the same amount, reflecting the transfer of functions and resources between the two entities.
The amendment determination imposes specific obligations on the entities involved. It requires the Digital Transformation Agency to assume the functions and resources related to whole of government information and communications technology from the Department of Finance, as outlined in the amended appropriation items. The Department of Finance, in turn, is obligated to release the specified amount of funding to the Digital Transformation Agency, facilitating the transfer of these functions and ensuring that the agency has the necessary resources to carry out its duties. The amendment determination ensures that the total amount appropriated by Parliament remains unchanged, maintaining the financial balance as originally authorised.
There are no specific offences or penalties outlined in the amendment determination itself, as it primarily involves the reallocation of funds and functions between government entities. However, any breach of the obligations imposed by the PGPA Act or the amendment determination could potentially result in civil or criminal consequences under the relevant legislation. For example, misappropriating funds or failing to transfer functions as required could lead to disciplinary action, fines, or other penalties as provided under the PGPA Act or other applicable laws. The maximum penalties for such offences would depend on the specific breach and the relevant provisions of the PGPA Act or other relevant legislation.