EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016-2017 (No. 7) (the amendment determination)
Purpose of the determination
The amendment determination modifies the 2016‑2017 Appropriation Acts to support functions transferred from the interim Independent Parliamentary Expenses Authority (IPEA) executive agency to the IPEA statutory agency, in relation to the administration of, and advice on, parliamentary travel expenses and allowances functions.
On 3 April 2017, the Government established an interim body (the IPEA executive agency), through the Public Service (Establishment of Independent Parliamentary Expenses Authority) Order 2017. The IPEA executive agency administered the travel expenses and allowances of parliamentarians, as well as providing advice and support on parliamentary work expenses, in respect of travel expenses and allowances. These functions and activities were initially transferred to the IPEA executive agency from the Department of Finance (Finance). This executive agency was abolished on 30 June 2017 and its activities subsumed by the IPEA statutory agency on 1 July 2017.
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 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 adds paragraph 7(2)(c) which has effect as if a departmental item and an administered item for the IPEA (statutory agency) were included in Schedule 1 to the Appropriation Act (No. 1) 2016‑2017 within the Finance Portfolio. Due to the establishment of the IPEA statutory agency and the transfer of functions from the IPEA executive agency, this amendment determination has effect as if the IPEA statutory agency were included in the Appropriation Act (No. 1) 2016‑2017.
2. Subsection 7(4) of the amendment determination then establishes that this departmental item and administered item for the IPEA statutory agency, which has effect because of this amendment determination, commences as a nil amount.
3. Item 2 of the amendment determination adds paragraph 7(3)(c) which has effect as if the following Outcome was included in Schedule 1 for the IPEA statutory agency:
Outcome 1
Support for current and former Parliamentarians and others as required by the Australian Government through the delivery of, independent oversight and advice on, work resources and travel resources
4. Item 3 of the amendment determination repeals and substitutes items 5 and 6, as well as adds items 11 and 12 to the table in subsection 7(4) of the Determination. The items affect relevant appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2016‑2017 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 | Independent Parliamentary Expenses Authority (executive agency) | Departmental item | +2,227,000.00 | -2,056,679.65 | +170,320.35 |
6 | Independent Parliamentary Expenses Authority (executive agency) | Administered item, Outcome 1 | +9,221,000.00 | -496,213.79 | +8,724,786.21 |
11 | Independent Parliamentary Expenses Authority (statutory agency) | Departmental item | 0.00 | +2,056.67965 | +2,056,679.65 |
12 | Independent Parliamentary Expenses Authority (statutory agency) | Administered item, Outcome 1 | 0.00 | +496.21379 | +496,213.79 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.