EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017‑2018 (No. 7) (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 transfer of non-childcare services from the Department of Education and Training to the Department of the Prime Minister and Cabinet; and
- the transfer of the National Cyber Security Adviser from the Department of the Prime Minister and Cabinet to the Australian Signals Directorate.
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 2017‑2018, 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 item 4 in the table in subsection 6(3) of the Determination. The item affects the relevant appropriation item in Schedule 1 to the Appropriation Act (No. 1) 2017‑2018 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 ($) |
4 | Department of the Prime Minister and Cabinet | Departmental item | -10,938,000 | -42,000 | -10,980,000 |
2. Item 2 of the amendment determination repeals and substitutes items 24 and 25 in the table in subsection 6(3) of the Determination. The item affects the relevant appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2017‑2018 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Amount transferred by the amendment determination ($) | Amended amount transferred by the Determination ($) |
24 | Australian Signals Directorate | Departmental item | +5,517,552 | +72,000 | +5,589,552 |
25 | Department of Education and Training | Departmental item | -104,000 | -30,000 | -134,000 |
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 2017-2018 (No. 7) was enacted under section 75 of the Public Governance, Performance and Accountability Act 2013. This determination was introduced to address the need for financial adjustments following the transfer of non-childcare services from the Department of Education and Training to the Department of the Prime Minister and Cabinet, and the transfer of the National Cyber Security Adviser from the Department of the Prime Minister and Cabinet to the Australian Signals Directorate. The Australian Parliament, through the Finance Minister, enacted this amendment to ensure that these transfers did not affect the overall appropriation amounts allocated by Parliament. The policy objective was to maintain fiscal integrity and ensure that the overall appropriation remained unchanged despite the reallocation of functions between departments. The amendment determination was made under the authority of the PGPA Act and the power delegated by the Secretary of the Department of Finance, and it does not require a Statement of Compatibility with Human Rights as it is exempt from disallowance.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017-2018, made under section 75 of the Public Governance, Performance and Accountability Act 2013, pertains to the reallocation of funds among non-corporate Commonwealth entities due to specific transfers of functions. These transfers include the movement of non-childcare services from the Department of Education and Training to the Department of the Prime Minister and Cabinet and the relocation of the National Cyber Security Adviser from the Department of the Prime Minister and Cabinet to the Australian Signals Directorate. The amendment determination ensures that the total amount appropriated by Parliament remains unchanged, despite the reallocation of funds among these entities. The determination, which commences the day after its registration, is enacted by the Secretary of the Department of Finance, pursuant to delegations from the Finance Minister. The amendment modifies the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2017-2018 by altering specific appropriation amounts, thereby affecting the financial allocations of the involved entities. This amendment does not require a Statement of Compatibility with Human Rights as it is exempt from disallowance under the PGPA Act.
Key Provisions
The key operative sections of the F2019L00682 amendment determination, under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), pertain to adjustments in appropriations following the transfer of certain functions between non-corporate Commonwealth entities. Specifically, section 75 allows the Finance Minister to modify appropriation amounts in response to transfers of functions between entities, which in this case involves the shift of non-childcare services from the Department of Education and Training to the Department of the Prime Minister and Cabinet, and the National Cyber Security Adviser from the Department of the Prime Minister and Cabinet to the Australian Signals Directorate. The amendment determination ensures that these changes do not affect the overall appropriation amount approved by Parliament.
The amendment determination imposes specific obligations and requirements on the entities involved. The Department of the Prime Minister and Cabinet will have its appropriation decreased by $10,980,000, while the Australian Signals Directorate's appropriation will increase by $5,589,552. Conversely, the Department of Education and Training's appropriation will decrease by $134,000. These adjustments are reflected in the relevant appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2017-2018, as amended by this determination. The affected entities were consulted during the preparation of the amendment, ensuring that the changes align with the legislative requirements and the functional transfers.
In terms of penalties and consequences, the amendment determination itself does not specify any particular offences or penalties for breaches. However, any failure to comply with the adjustments as specified in the amendment determination could potentially lead to broader accountability and governance issues under the PGPA Act. The PGPA Act provides a framework for managing public finances and ensuring accountability, and non-compliance with the appropriations adjustments could result in scrutiny or corrective measures by relevant oversight bodies. The specific penalties for non-compliance would depend on the nature and extent of the breach, but they could include financial penalties, audits, or other administrative actions to rectify the non-compliance.