EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016-2017 (No. 9) (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 amendments to the Administrative Arrangements Order (AAO) made on the 20 December 2017, 10 May 2018 and on 28 August 2018.
The determination modifies the Appropriation Acts to support functions transferred to the:
- Department of Home Affairs from the Attorney-General’s Department:
- in relation to the operation of the Australian Security Intelligence Organisation Act 1979 except for section 34Z of that Act;
- in relation to the operation of the Intelligence Services Act 2001 insofar as it relates to the Australian Security Intelligence Organisation;
- in relation to the operation of the Surveillance Devices Act 2004; and
- in relation to the operation of the Telecommunications (Interception and Access) Act 1979.
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 the 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 paragraph 5(h) of the Determination. The item modifies the Appropriation Acts such that references to the Employment Portfolio were references to the Jobs and Small Business Portfolio.
2. Item 2 of the amendment determination adds paragraphs 5(j) and 5(k) of the Determination. The item modifies the Appropriation Acts such that appropriation items and outcomes for the following entities, included for the Attorney-General’s Portfolio, were instead included for the Home Affairs Portfolio:
- Australian Criminal Intelligence Commission
- Australian Federal Police
- Australian Institute of Criminology
- Australian Transaction Reports and Analysis Centre
- Australian Security Intelligence Organisation
The item also modifies the Appropriation Acts such that appropriation items and outcomes for the following entities, included for the Prime Minister and Cabinet Portfolio, were instead included for the Attorney-General’s Portfolio:
- Office of the Commonwealth Ombudsman
- Office of the Inspector-General of Intelligence and Security
3. Item 3 of the amendment determination repeals and substitutes items 13 and 14 in 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 | +28,602,366.00 | +652,964.78 | +29,255,330.78 |
14 | Attorney General’s Department | Departmental item | -17,514,366.00 | -652,964.78 | -18,167,330.78 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.