EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016‑2017 (No. 4) (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 interim Independent Parliamentary Expenses Authority (IPEA) in relation to administration of, and advice on, parliamentary travel expenses and allowances functions.
The Governor-General in Council made an order, under section 65 of the Public Service Act 1999, establishing the IPEA as an Executive Agency commencing 3 April 2017 and specifying its functions. The Public Governance, Performance and Accountability Amendment (Independent Parliamentary Expenses Authority) Rules 2017 prescribes IPEA, in Schedule 1 to the Public Governance, Performance and Accountability Rule 2014, as a listed entity commencing 3 April 2017 for purposes of the Public Governance, Performance and Accountability Act 2013 (PGPA Act).
The amendment determination is made under section 75 of the 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 of registration.
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 repeals and substitutes section 7 of the Determination with a new section 7.
2. Paragraph 7(2)(a) has effect as if administered and departmental items for the Independent Parliamentary Expenses Authority were included in Schedule 1 to Appropriation Act (No. 1) 2016‑2017 within the Finance Portfolio. Due to a transfer of functions from the Department of Finance to the newly established interim Independent Parliamentary Expenses Authority, this amendment determination has effect as if the Independent Parliamentary Expenses Authority were included in the Appropriation Act (No. 1) 2016‑2017.
3. Paragraph 7(4) of the amendment determination then establishes that these administered and departmental items for the Independent Parliamentary Expenses Authority, which have effect because of this amendment determination, commence as a nil amount.
4. Paragraph 7(3)(a) has effect as if the following Outcome was included in Schedule 1 for the Independent Parliamentary Expenses Authority:
Outcome 1
Support for Parliamentarians and others as required by the Australian Government through the delivery of, and advice on, entitlements and targeted assistance
5. The text for Outcome 1 for the Independent Parliamentary Expenses Authority is the same as the text of Outcome 3 for the Department of Finance, and reflects the transfer of the administration of, and advice on, parliamentary travel expenses and allowances functions to the Independent Parliamentary Expenses Authority. Replicating the text of the relevant Outcome for the gaining entity ensures that the purposes in which Parliament appropriated for the transferred function remains unchanged.
6. Items have been added to and amended within the table in subsection 7(4) of the Determination. The items affect relevant appropriation 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 | +2,375,000.00 | 0.00 | +2,375,000.00 |
2 | Department of Finance | Departmental item | -2,375,000.00 | -2,227,000.00 | -4,602,000.00 |
3 | Department of Employment | Departmental item | +5,253,000.00 | 0.00 | +5,253,000.00 |
4 | Department of Education and Training | Departmental item | -5,253,000.00 | 0.00 | -5,253,000.00 |
5 | Independent Parliamentary Expenses Authority | Departmental item | 0.00 | +2,227,000.00 | +2,227,000.00 |
6 | Independent Parliamentary Expenses Authority | Administered item, Outcome 1 | 0.00 | +9,221,000.00 | +9,221,000.00 |
7 | Department of Finance | Administered item, Outcome 3 | 0.00 | -9,221,000.00 | -9,221,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.