Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018-2019 (No. 11)

Administered by Department of Finance

Legislation au F2020L00620 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Public Governance, Performance and Accountability Act 2013

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20182019 (No. 11) (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 Machinery of Government changes.

On 29 May 2019, the Governor-General made a new Administrative Arrangements Order (AAO) to replace the AAO made on 4 April 2019. The amendment determination modifies the Appropriation Acts to reflect the transfer of responsibility for industrial relations from the Employment, Skills, Small and Family Business portfolio to the AttorneyGeneral’s portfolio as a result of the 29 May 2019 AAO.

On 5 December 2019, the Governor-General made a new AAO to replace the AAO made on 29 May 2019. The new AAO commenced on 1 February 2020. The amendment determination modifies the Appropriation Acts to reflect the transfer of responsibility for agriculture from the abolished Agriculture portfolio to the renamed Agriculture, Water and the Environment portfolio as a result of the 5 December 2019 AAO.

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, subdelegated 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 20182019 (the Determination), 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 5(1)(m) to subsection 5(1) of the Determination.

2.                   Paragraph 5(1)(m) modifies the Appropriation Acts such that references to the Australian Grape and Wine Authority were references to Wine Australia.

3.                   Item 2 of the amendment determination adds sub-paragraph 5(2)(h)(v) to paragraph 5(2)(h) of the Determinations.

4.                   Sub-paragraph 5(2)(h)(v) modifies the Appropriation Acts such that items and outcomes for Wine Australia, included for the Agriculture portfolio, were instead included in the Agriculture, Water and the Environment portfolio.

5.                   Item 3 of the amendment determination repeals and substitutes items 1 and 11 in the table in subsection 6(4) of the Determination. The items affect the relevant appropriation items in Schedule 1 to Appropriation Act (No. 1) 2018-2019 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

Attorney-General’s Department

Departmental item

-2,204,579.00

+13,064,375.00

+10,859,796.00

11

Department of Employment, Skills, Small and Family Business

Departmental item

13,507,793.20

-13,064,375.00

+443,418.20

Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.

6.                   Item 4 of the amendment determination adds items 39 and 40 to the table in subsection 6(4) of the Determination. The items affect the relevant appropriation items in Schedule 1 to Appropriation Act (No. 1) 2018-2019 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 ($)

39

Department of Agriculture

Corporate entity item, Wine Australia

0.00

-1,775,000.00

-1,775,000.00

40

Department of Agriculture, Water and the Environment

Corporate entity item, Wine Australia

0.00

+1,775,000.00

+1,775,000.00

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 2018-2019 (No. 11) was enacted under section 75 of the Public Governance, Performance and Accountability Act 2013. This determination was introduced to address the need for adjustments to appropriations for non-corporate Commonwealth entities in response to changes in the Machinery of Government. The purpose of the determination is to modify the Appropriation Acts to reflect the transfer of responsibilities between various portfolios, including the transfer of industrial relations from the Employment, Skills, Small and Family Business portfolio to the Attorney-General’s portfolio, and the transfer of agriculture from the abolished Agriculture portfolio to the renamed Agriculture, Water and the Environment portfolio. The policy objective is to ensure that appropriations are accurately aligned with the current portfolio responsibilities following the Machinery of Government changes. The determination was made by the Secretary of the Department of Finance, who was sub-delegated the authority to make such determinations by the Finance Minister. The determination does not require a Statement of Compatibility with Human Rights, as it is exempt from disallowance under the Public Governance, Performance and Accountability Act. The preparation of the amendment determination involved consultation with the affected entities, in accordance with the Legislation Act 2003.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018-2019 applies to the modification of appropriations for non-corporate Commonwealth entities following Machinery of Government changes. Specifically, it adjusts the amounts appropriated to these entities in response to the transfer of responsibilities between government portfolios. The amendment determination ensures that the Appropriation Acts reflect the new allocations resulting from changes in administrative arrangements ordered by the Governor-General. For instance, it modifies the appropriation items to transfer responsibility for industrial relations and agriculture from one portfolio to another. This legislation affects the relevant appropriation items in the Schedule 1 to the Appropriation Act (No. 1) 2018-2019, impacting entities such as Wine Australia and the Department of Agriculture, Water and the Environment. The amendment determination is made under the Public Governance, Performance and Accountability Act 2013 and is applicable on a Commonwealth level, with the Finance Minister having the authority to make such determinations, delegated to officials within the Department of Finance. There are no stated exclusions or exemptions in the determination, and it does not require a Statement of Compatibility with Human Rights as it is exempt from disallowance.

Key Provisions

The main operative sections of the Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018-2019 (No. 11) adjust appropriations for non-corporate Commonwealth entities following changes due to the Machinery of Government. Specifically, section 75 of the Public Governance, Performance and Accountability Act 2013 allows the Finance Minister to modify appropriations schedules in response to transfers of functions between entities. This amendment determination modifies appropriations to reflect the transfer of industrial relations responsibilities from the Employment, Skills, Small and Family Business portfolio to the Attorney-General’s portfolio, and the transfer of agriculture responsibilities from the abolished Agriculture portfolio to the Agriculture, Water and the Environment portfolio. These changes are implemented through modifications to the Appropriation Acts. The obligations imposed by the amendment determination on the relevant entities include ensuring that the adjustments in appropriations are accurately reflected in their financial records and reporting. This includes the Attorney-General’s Department, the Department of Employment, Skills, Small and Family Business, and the Department of Agriculture, Water and the Environment. These entities must comply with the new appropriation amounts specified in the determination to ensure proper allocation of funds. For example, the Attorney-General’s Department must account for an additional $10,859,796, while the Department of Employment, Skills, Small and Family Business must adjust for a decrease of $13,064,375. The amendment determination does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, non-compliance with appropriations as modified by the determination could potentially lead to legal and administrative consequences, such as financial discrepancies, misallocation of funds, and potential audit findings against the entities involved. While the determination itself does not specify penalties, failure to adhere to the appropriations as adjusted could result in broader accountability issues under the Public Governance, Performance and Accountability Act 2013, which could include investigations and corrective actions by relevant oversight bodies.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.