Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019-2020 (No. 12)

Overview

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019-2020 (No. 12) was enacted to adjust appropriations to non-corporate Commonwealth entities in response to recent changes in the Machinery of Government. This amendment determination was made under section 75 of the Public Governance, Performance and Accountability Act 2013, allowing the Finance Minister to modify the Appropriation Acts for function transfers between non-corporate Commonwealth entities. The determination was made in light of the transfer of small business functions from the Department of Industry, Science, Energy and Resources to the Department of the Treasury, effective from 15 April 2021. The amendment ensures that the total amount appropriated by Parliament remains unchanged. The amendment determination is an administrative adjustment to reflect these changes and was made by the Secretary of the Department of Finance, who has the delegated authority to make such determinations under the Act.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019-2020 applies to non-corporate Commonwealth entities affected by the transfer of small business functions from the Department of Industry, Science, Energy and Resources to the Department of the Treasury. This amendment is a response to recent Machinery of Government changes and involves modifying the Appropriation Acts to reflect these transfers. The amendment determination does not alter the total amount appropriated by Parliament but rather reallocates funds between the specified entities to ensure alignment with the new administrative arrangements. The amendment determination operates under the authority of the Public Governance, Performance and Accountability Act 2013, and it is made by officials within the Department of Finance who have been sub-delegated this power by the Secretary. The amendment determination is not subject to disallowance and hence does not require a Statement of Compatibility with Human Rights. The affected entities were consulted in the preparation of the amendment determination, consistent with the requirements of the Legislation Act 2003.

Key Provisions

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019-2020, under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), adjusts the appropriations of non-corporate Commonwealth entities due to recent Machinery of Government changes. This amendment was made following the transfer of small business functions from the Industry, Science, Energy and Resources portfolio to the Treasury portfolio, effective 15 April 2021. The amendment determination modifies the Appropriation Acts to reflect these transfers while ensuring that the total amount appropriated by Parliament remains unchanged. Entities affected by this amendment, primarily the Department of Industry, Science, Energy and Resources and the Department of the Treasury, are required to adjust their budgetary allocations as per the determination. Specifically, the Department of Industry, Science, Energy and Resources sees a decrease in its appropriation by $2,939,133.70, while the Department of the Treasury gains an increase of the same amount. These changes are detailed in the amendment determination's table in subsection 8(4) and are aimed at realigning resources in response to the new portfolio responsibilities. Failure to comply with the provisions of this amendment determination could lead to misallocation of funds and potential legal ramifications under the PGPA Act. Although the determination itself does not explicitly outline specific offences, penalties, or consequences for non-compliance, breaches of the PGPA Act can result in civil or criminal penalties. These penalties can include fines and, in severe cases, imprisonment, depending on the nature and extent of the breach. The exact penalties would be determined by the courts based on the specific circumstances of any non-compliance.