EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019‑2020 (No. 10) (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 commencement on 1 July 2020 of Sport Integrity Australia (SIA) on commencement of the Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2020.
The amendment determination modifies the Appropriation Acts to support functions transferred to SIA from the Department of Health in relation to sport integrity functions.
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 amendment determination.
The amendment determination amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2019‑2020 (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
- Item 1 of the amendment determination repeals and substitutes two items in the table in subsection 8(4) of the Determination. The items affect the relevant appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2019‑2020 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 ($) |
51 | Department of Health | Departmental item | -2,176,000.00 | -566,225.00 | -2,742,225.00 |
55 | Sport Integrity Australia | Departmental item | +298,798.76 | +566,225.00 | +865,023.76 |
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 2019-2020 (No. 10) amends the Public Governance, Performance and Accountability Act 2013. The Act was enacted to address the need for streamlined and efficient management of the Commonwealth’s finances, enhancing accountability and performance across government entities. The amendment determination was introduced to adjust appropriations in response to the establishment of Sport Integrity Australia (SIA) on 1 July 2020, following the commencement of the Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2020. This amendment ensures the appropriate allocation of funds to SIA for its new sport integrity functions, previously managed by the Department of Health, without altering the total amount appropriated by Parliament. The amendment was enacted by the Parliament of Australia, and the policy objective is to ensure a smooth transition of functions and funding responsibilities to the newly established entity.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019-2020 applies to appropriations under the Public Governance, Performance and Accountability Act 2013, specifically adjusting amounts for non-corporate Commonwealth entities as a result of the transfer of sport integrity functions from the Department of Health to Sport Integrity Australia. This amendment ensures that the total amount appropriated by Parliament remains unchanged, with the reallocation between the Department of Health and Sport Integrity Australia reflecting the new responsibilities of the latter. The amendment determination modifies the relevant Appropriation Acts to support these changes. It applies at the Commonwealth level, impacting the financial allocations between entities as per the legislative framework established by the PGPA Act. The amendment determination is an exercise of the powers delegated under the PGPA Act and does not require a Statement of Compatibility with Human Rights, as it is exempt from disallowance. The determination was made in consultation with the affected entities, as required by the Legislation Act 2003.
Key Provisions
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019–2020 (No. 10) (the amendment determination) is an instrument made under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act). It is designed to adjust the amounts appropriated to non-corporate Commonwealth entities due to the transfer of certain functions to Sport Integrity Australia (SIA) from the Department of Health, as a result of the commencement of the Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2020 on 1 July 2020. The amendment determination specifically modifies the Appropriation Acts to support the functions transferred to SIA, which include sport integrity functions. Importantly, this adjustment results in no overall change to the total amount appropriated by Parliament.
The amendment determination imposes several obligations on the entities affected by it. Primarily, it mandates that the Department of Health and Sport Integrity Australia adjust their appropriation amounts as stipulated in the amendment. For instance, the Department of Health is required to reduce its appropriation by $2,742,225.00, while Sport Integrity Australia is to receive an additional appropriation of $865,023.76. These adjustments ensure that the funding aligns with the new functional responsibilities of the entities.
Failure to comply with the provisions of the amendment determination could result in significant consequences. Although the explanatory statement does not explicitly outline specific offences, penalties, or civil and criminal consequences, breaches of appropriations and financial management under the PGPA Act can lead to various enforcement actions. These may include investigations by the Australian National Audit Office, potential reporting to the Parliament, and other administrative or legal actions. The maximum penalties for breaches of financial management provisions under the PGPA Act can be substantial, potentially involving fines and other penalties as determined by relevant legislation.
The amendment determination is made under the authority granted by section 75 of the PGPA Act, which allows the Finance Minister to modify appropriation amounts in relation to the transfer of functions between non-corporate Commonwealth entities. This authority has been delegated to certain officials within the Department of Finance, who have the power to make such determinations. The affected entities were consulted in the preparation of the amendment determination, in line with the requirements of the Legislation Act 2003.
Overall, the amendment determination ensures that the appropriation amounts are adjusted to reflect the new functional responsibilities of the Department of Health and Sport Integrity Australia, without altering the total amount appropriated by Parliament.