EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019‑2020 (No. 2) (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 Government’s decision to transfer responsibility for certain community sport and recreation infrastructure initiatives from the Department of Infrastructure, Transport, Cities and Regional Development to the Department of Health.
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 determination.
The amendment determination amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2019‑20 (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 modifies the definition of the Appropriation Act, in section 4 of the Determination, to include the two most recent 2019-2020 Appropriation Acts.
- Item 2 of the amendment determination adds section 8, which applies to appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2019-2020.
- The table at subsection 8(2) affects 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 ($) |
1 | Department of Infrastructure, Transport, Cities and Regional Development | Administered item, Outcome 3 | 0.00 | -53,108,000.00 | -53,108,000.00 |
2 | Department of Health | Administered item, Outcome 3 | 0.00 | +53,108,000.00 | +53,108,000.00 |
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 2019-2020 (No. 2) amends the amounts appropriated to non-corporate Commonwealth entities, specifically responding to the Government's decision to transfer responsibility for certain community sport and recreation infrastructure initiatives from the Department of Infrastructure, Transport, Cities and Regional Development to the Department of Health. This amendment determination was enacted by the Australian Parliament under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), enabling the Finance Minister to adjust appropriations in response to the transfer of functions between entities. The amendment ensures there is no overall change to the total amount appropriated by Parliament and it operates to modify specific appropriations items accordingly. The determination is part of the broader legislative framework aimed at maintaining accountability and efficiency in the allocation of public resources.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019-2020 (No. 2) applies to non-corporate Commonwealth entities that are subject to the Public Governance, Performance and Accountability Act 2013. Specifically, this amendment determination pertains to the transfer of responsibility for certain community sport and recreation infrastructure initiatives from the Department of Infrastructure, Transport, Cities and Regional Development to the Department of Health. It adjusts the amounts appropriated to these entities in line with this transfer, ensuring that the total amount appropriated by Parliament remains unchanged. The amendment determination is a legislative instrument for the purposes of the Legislation Act 2003 and is made under section 75 of the PGPA Act, which allows the Finance Minister to modify Appropriation Acts in relation to the transfer of a function from one non-corporate Commonwealth entity to another. The amendment determination is made by an official within the Department of Finance who has been sub-delegated this power by the Secretary of the Department of Finance. The amendment determination commences on the day after registration and amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2019-20. The amendment determination includes a statement that it is exempt from disallowance under subsection 75(7) of the PGPA Act, and therefore, a Statement of Compatibility with Human Rights is not required.
Key Provisions
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019-2020 (No. 2) amends the earlier determination made under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act). The purpose of this amendment is to adjust the amounts appropriated to non-corporate Commonwealth entities, in response to the Government’s decision to transfer responsibility for certain community sport and recreation infrastructure initiatives from the Department of Infrastructure, Transport, Cities and Regional Development to the Department of Health (section 4). The amendment ensures that there is no change to the total amount appropriated by Parliament, maintaining fiscal integrity (section 8).
The amendment determination imposes specific obligations on the entities involved. It modifies the definition of the Appropriation Act in section 4 of the original Determination to include the two most recent 2019-2020 Appropriation Acts. It further introduces section 8, which specifically applies to appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2019-2020. The entities must adhere to these changes to ensure that the appropriations are correctly allocated according to the new responsibilities and functions assigned to them (section 8).
In terms of compliance, the amendment determination does not require a Statement of Compatibility with Human Rights, as it is exempt from disallowance under subsection 75(7) of the PGPA Act (subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011). However, consultation with the affected entities was conducted in line with Chapter 3, Part 1 of the Legislation Act 2003, ensuring that they were involved in the preparation of the amendment (Consultation).
The determination itself does not specify any offences, penalties, or consequences for breach. However, the overarching legislation, the PGPA Act, provides a framework within which non-compliance could result in various civil or criminal consequences depending on the nature and severity of the breach. The PGPA Act includes provisions for accountability and enforcement, which would be applicable if any entity failed to comply with the appropriation adjustments outlined in the amendment determination (PGPA Act, relevant sections).