EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016-2017 (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: the Prime Minister’s joint press conference regarding reform of Australia’s national intelligence and domestic security arrangements of 18 July 2017; the Prime Minister’s press conference regarding Ministerial arrangements of 19 December 2017; amendments to the Administrative Arrangements Order (AAO) made on 20 December 2017 and other Government decisions.
The amendment determination modifies the Appropriation Acts to support functions transferred as follows:
- 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; and
- from the Department of Infrastructure, Regional Development and Cities in relation to transport security; and
- from the Department of the Prime Minister and Cabinet in relation counter-terrorism policy co-ordination and cyber policy co-ordination; and
o from the Department of Social Services in relation to multicultural affairs; and
- the Prime Minister and Cabinet, in relation to national policy on cities, population policy, and infrastructure and project financing; and
- to the Department of Jobs and Small Business:
- from the Department of the Prime Minister and Cabinet, in relation to reducing the burden of government regulation; and
- from the Department of the Treasury, in relation to small business policy and programs; and
- to the Department of Infrastructure, Regional Development and Cities from the Department of Agriculture and Water Resources, in relation to the National Water Infrastructure Loan Facility and the National Water Infrastructure Development Fund; and
- to the Office of National Assessments from the Department of the Prime Minister and Cabinet for intelligence policy; and
- to the Department of Industry, Innovation and Science from the Department of the Prime Minister and Cabinet for spatial data policy.
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
- Item 1 of the amendment determination adds paragraphs 5(d) to 5(i) 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
Infrastructure and Regional Development were references to Infrastructure, Regional Development and Cities
the Employment Portfolio and the Industry, Innovation and Science Portfolio were references to the Jobs and Innovation Portfolio
the Department of Employment were references to the Department of Jobs and Small Business
2. Item 2 of the amendment determination adds paragraphs 6(3)(c) and 6(3)(d) to subsection 6(3) 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 12 and 13 to the table in subsection 6(4) 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 ($) | Amount transferred by the amendment determination ($) | Amended amount transferred by the Determination ($) |
12 | Department of Home Affairs | Administered item, Outcome 1 | 0.00 | +405,000.00 | +405,000.00 |
13 | Attorney-General’s Department | Administered item, Outcome 1 | 0.00 | -405,000.00 | -405,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
4. Item 4 of the amendment determination adds paragraphs 7(3)(d) and 7(3)(e) to subsection 7(3) of the Determination. These paragraphs have effect as if the following revised outcomes were included in Schedule 1 for the Department of Home Affairs, to reflect the functions it has gained from the amendment to the AAOs made on 20 December 2017:
- Outcome 1 for the Department of Home Affairs:
Protect Australia’s sovereignty, security and safety through its national security, emergency management system, law enforcement, and managing its border, including managing the stay and departure of all non-citizens
The text for Outcome 1 reflects the transfer of several functions to the Department of Home Affairs.
- Outcome 2 for the Department of Home Affairs:
Support a prosperous and inclusive society, and advance Australia’s economic interests through the effective management of the visa, multicultural and citizenship programs and provision of refugee and humanitarian assistance
The text for Outcome 2 reflects the transfer of multicultural affairs function to the Department of Home Affairs.
5. Item 5 of the amendment determination repeals and substitutes item 3 in the table in subsection 7(4) of the Determination. The item affects the relevant appropriation item in Schedule 1 to the Appropriation Act (No. 1) 2016‑2017 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Amount transferred by the amendment determination ($) | Amended amount transferred by the Determination ($) |
3 | Department of Employment | Departmental item | +4,779,000.00 | +1,258,000.00 | +6,037,000.00 |
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 adds items 13 to 23 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 ($) |
13 | Department of Home Affairs | Departmental item | 0.00 | +28,602,366.00 | +28,602,366.00 |
14 | Attorney-General’s Department | Departmental item | 0.00 | -17,514,366.00 | -17,514,366.00 |
15 | Department of Infrastructure, Regional Development and Cities | Departmental item | 0.00 | -7,715,000.00 | -7,715,000.00 |
16 | Department of the Prime Minister and Cabinet | Departmental item | 0.00 | -3,192,000.00 | -3,192,000.00 |
17 | Department of Social Services | Departmental item | 0.00 | -615,000.00 | -615,000.00 |
18 | Department of Home Affairs | Administered item, Outcome 1 | 0.00 | +511,990.77 | +511,990.77 |
19 | Attorney-General’s Department | Administered item, Outcome 1 | 0.00 | -511,990.77 | -511,990.77 |
20 | Department of the Treasury | Departmental item | 0.00 | -1,110,000.00 | -1,110,000.00 |
21 | Department of the Industry, Innovation and Science | Departmental item | 0.00 | +161,000.00 | +161,000.00 |
22 | Office of National Assessments | Departmental item | 0.00 | +430,000.00 | +430,000.00 |
23 | Department of Agriculture and Water Resources | Departmental item | 0.00 | -305,000.00 | -305,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
7. Item 7 of the amendment determination adds paragraphs 8(2)(b) and 8(2)(c) to subsection 8(2) of the Determination. These paragraphs have effect to allow for a State, ACT, NT and local government item to be included for the Department of Home Affairs in the Appropriation Act (No. 2) 2016‑2017.
8. Item 8 of the amendment determination adds items 3 to 8 to the table in subsection 8(3) of the Determination. The items affect relevant appropriation items in Schedule 2 to the Appropriation Act (No. 2) 2016‑2017 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Amount transferred by the amendment determination ($) | Amended amount transferred by the Determination ($) |
3 | Department of Home Affairs | State, ACT, NT and local government item, Outcome 1 | 0.00 | +959,274.26 | +959,274.26 |
4 | Attorney-General’s Department | State, ACT, NT and local government item, Outcome 1 | 0.00 | -959,274.26 | -959,274.26 |
5 | Department of Home Affairs | Administered assets and liabilities item | 0.00 | +311,000.00 | +311,000.00 |
6 | Attorney-General’s Department | Administered assets and liabilities item | 0.00 | -311,000.00 | -311,000.00 |
7 | Department of Infrastructure, Regional Development and Cities | Administered assets and liabilities item | 0.00 | +29,167,000.00 | +29,167,000.00 |
8 | Department of Agriculture and Water Resources | Administered assets and liabilities item | 0.00 | -29,167,000.00 | -29,167,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
9. Item 9 of the amendment determination adds paragraphs 9(3)(b) and 9(3)(c) to subsection 9(3) 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.
10. Item 10 of the amendment determination adds items 3 and 4 to the table in subsection 9(4) of the Determination. The items affect relevant appropriation items in Schedule 1 to the Appropriation Act (No. 3) 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 ($) |
3 | Department of Home Affairs | Administered item, Outcome 1 | 0.00 | +16,220,469.46 | +16,220,469.46 |
4 | Attorney-General’s Department | Administered item, Outcome 1 | 0.00 | -16,220,469.46 | -16,220,469.46 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
11. Item 11 of the amendment determination adds section 10 to the Determination, which applies to appropriation items in Schedule 2 to the Supply Act (No. 2) 2016‑2017.
12. The table at subsection 10(2) affects relevant appropriation items in Schedule 2 to the Supply Act (No. 2) 2016‑2017 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Amount transferred by the amendment determination ($) | Amended amount transferred by the Determination ($) |
1 | Department of Home Affairs | Administered assets and liabilities item | 0.00 | +73,675.36 | +73,675.36 |
2 | Attorney-General’s Department | Administered assets and liabilities item | 0.00 | -73,675.36 | -73,675.36 |
3 | Department of Infrastructure, Regional Development and Cities | Administered assets and liabilities item | 0.00 | +20,833,000.00 | +20,833,000.00 |
4 | Department of Agriculture and Water Resources | Administered assets and liabilities item | 0.00 | -20,833,000.00 | -20,833,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
13. Item 11 of the amendment determination also adds section 11 to the Determination, which applies to appropriation items in Schedule 2 to the Appropriation Act (No. 4) 2016‑2017.
14. The table at subsection 11(2) affects relevant appropriation items in Schedule 2 to the Appropriation Act (No. 4) 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 ($) |
1 | Department of Home Affairs | Administered assets and liabilities item | 0.00 | +19,338,000.00 | +19,338,000.00 |
2 | Attorney-General’s Department | Administered assets and liabilities item | 0.00 | -19,338,000.00 | -19,338,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.