Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019-2020 (No. 4)

Administered by Department of Finance

Legislation au F2020L00174 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Public Governance, Performance and Accountability Act 2013

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20192020 (No. 4) (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 following change as a result of the 29 May 2019 AAO:

  • the transfer of settlement services for refugees and humanitarian migrants from the Social Services portfolio to the Home Affairs portfolio.

On 29 May 2019, the Governor-General made an order to establish the National Indigenous Australians Agency as an Executive Agency. The amendment determination modifies the Appropriation Acts to reflect the transfer of responsibility for indigenous affairs from the Department of the Prime Minister and Cabinet to the National Indigenous Australians Agency.

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 following changes as a result of the new AAO:

  • the transfer of responsibility for agriculture from the abolished Agriculture portfolio to the renamed Agriculture, Water and the Environment portfolio;
  • the transfer of responsibility for communications and arts from the abolished Communications and the Arts portfolio to the renamed Infrastructure, Transport, Regional Development and Communications portfolio;
  • the transfer of responsibility for employment and skills from the abolished Employment, Skills, Small and Family Business portfolio to the renamed Education, Skills and Employment portfolio;
  • the transfer of responsibility for small business from the abolished Employment, Skills, Small and Family Business portfolio to the renamed Industry, Science, Energy and Resources portfolio; and
  • the transfer of responsibility for energy from the renamed Agriculture, Water and the Environment portfolio to the renamed Industry, Science, Energy and Resources portfolio.

On 5 December 2019, the Governor-General made an order to establish Services Australia as an Executive Agency. The amendment determination modifies the Appropriation Acts to reflect the transfer of responsibility for the delivery of services and payments to the community from the abolished Services Australia (Department of State) to Services Australia (Executive Agency).

In December 2019, the Government agreed to consolidate all deregulation functions in the Department of the Prime Minister and Cabinet. The amendment determination modifies the Appropriation Acts to reflect the transfer of responsibility for the deregulation agenda from the Department of Employment, Skills, Small and Family Business to the Department of the Prime Minister and Cabinet.

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 201920 (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 paragraphs 6(3)(l) to 6(3)(n) to subsection 6(3) of the Determination.
  2. Paragraph 6(3)(l) has effect as if an administered item for the Department of Education, Skills and Employment were included in Schedule 1 to the Supply Act (No. 1) 20192020, for a new Outcome 3, due to the transfer of employment and skills functions from the abolished Department of Employment, Skills, Small and Family Business. The text of Outcome 3 is the same as the text of Outcome 2 of the abolished Department of Employment, Skills, Small and Family Business.
  3. Paragraph 6(3)(m) has effect as if an administered item for the Department of Industry, Science, Energy and Resources were included in Schedule 1 to the Supply Act (No. 1) 2019-2020, for a new Outcome 3, due to the transfer of energy functions from the former Department of the Environment and Energy. The text of Outcome 3 is similar to the text of Outcome 4 of the former Department of the Environment and Energy but has been amended.
  4. Paragraph 6(3)(n) has effect as if an administered item for the Department of Infrastructure, Transport, Regional Development and Communications were included in Schedule 1 to the Supply Act (No. 1) 2019-2020, for a new Outcome 5, due to the transfer of communications functions from the abolished Department of Communications and the Arts. The text of Outcome 5 is the same as the text of Outcome 1 of the abolished Department of Communications and the Arts.
  5. Item 2 of the amendment determination repeals and substitutes several items in the table in subsection 6(4) of the Determination. The items affect the relevant appropriation items in Schedule 1 to the Supply 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 ($)

3

Department of Home Affairs

Departmental item

+10,349,809.50

+373,705.20

+10,723,514.70

4

Department of Education, Skills and Employment

Departmental item

-42,060,034.00

+387,886.06

-41,672,147.94

5

Department of Employment, Skills, Small and Family Business

Departmental item

+16,087,068.00

-387,886.06

+15,699,181.94

7

Department of Social Services

Departmental item

-7,287,809.50

-373,705.20

-7,661,514.70

10

Department of Home Affairs

Administered item, Outcome 2

+199,546,000.00

+2,550,000.00

+202,096,000.00

14

Department of Employment, Skills, Small and Family Business

Administered item, Outcome 2

+321,226,333.00

-911,613.72

+320,314,719.28

16

Department of Social Services

Administered item, Outcome 2

-83,851,000.00

-2,550,000.00

-86,401,000.00

19

Department of Agriculture

Administered item, Outcome 1

-5,503,471.10

-1,128,000.00

-6,631,471.10

20

Department of Agriculture, Water and the Environment

Administered item, Outcome 3

+5,503,471.10

+1,128,000.00

+6,631,471.10

21

Department of Agriculture

Administered item, Outcome 2

-8,677,049.33

-1,845,936.55

-10,522,985.88

22

Department of Agriculture, Water and the Environment

Administered item, Outcome 4

+8,677,049.33

+1,845,936.55

+10,522,985.88

23

Department of Agriculture

Administered item, Outcome 3

-45,910,193.85

-2,921,430.46

-48,831,624.31

24

Department of Agriculture, Water and the Environment

Administered item, Outcome 5

+45,910,193.85

+2,921,430.46

+48,831,624.31

26

Department of Industry, Science, Energy and Resources

Administered item, Outcome 2

+236,726.36

-136,726.36

+100,000.00

27

Services Australia (Department of State)

Departmental item

-120,116,049.66

-11,988,932.24

-132,104,981.90

28

Services Australia (Executive Agency)

Departmental item

+120,116,049.66

+11,988,932.24

+132,104,981.90

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

6.      Item 3 of the amendment determination adds items 31 to 39 to the table in subsection 6(4) of the Determination. The items affect the relevant appropriation items in Schedule 1 to the Supply 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 ($)

31

Department of Agriculture

Departmental item

0.00

-12,238,926.00

-12,238,926.00

32

Department of Agriculture, Water and the Environment

Departmental item

0.00

+12,238,926.00

+12,238,926.00

33

Department of Industry, Science, Energy and Resources

Administered item, Outcome 3

0.00

+236,726.36

+236,726.36

34

Department of Communications and the Arts

Administered item, Outcome 1

0.00

-2,091,699.53

-2,091,699.53

35

Department of Infrastructure, Transport, Regional Development and Communications

Administered item, Outcome 5

0.00

+2,091,699.53

+2,091,699.53

36

Department of Communications and the Arts

Departmental item

0.00

-5,863,149.80

-5,863,149.80

37

Department of Infrastructure, Transport, Regional Development and Communications

Departmental item

0.00

+5,863,149.80

+5,863,149.80

38

Department of Education, Skills and Employment

Administered item, Outcome 3

0.00

+911,613.72

+911,613.72

39

Department of Agriculture, Water and the Environment

Administered item, Outcome 1

0.00

-100,000.00

-100,000.00

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

 

7.      Item 4 of the amendment determination repeals and substitutes items 5 and 6 in the table in subsection 7(4) of the Determination. The items affect the relevant appropriation items in Schedule 2 to the Supply Act (No. 2) 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 ($)

5

Department of Agriculture

Other departmental item (Equity Injections)

-377,066.00

-40,934.00

-418,000.00

6

Department of Agriculture, Water and the Environment

Other departmental item (Equity Injections)

+377,066.00

+40,934.00

+418,000.00

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

8.      Item 5 of the amendment determination repeals and substitutes several 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 ($)

3

Department of Agriculture

Departmental item

-157,003,913.94

-50,537,321.06

-207,541,235.00

4

Department of Agriculture, Water and the Environment

Departmental item

+98,652,596.13

+30,941,397.03

+129,593,993.16

5

Department of Agriculture

Administered item, Outcome 1

-32,456,236.13

-10,300,161.10

-42,756,397.23

6

Department of Agriculture, Water and the Environment

Administered item, Outcome 3

+32,456,236.13

+10,300,161.10

+42,756,397.23

7

Department of Agriculture

Administered item, Outcome 2

-16,242,159.73

-37,399.17

-16,279,558.90

8

Department of Agriculture, Water and the Environment

Administered item, Outcome 4

+16,242,159.73

+37,399.17

+16,279,558.90

11

Department of Communications and the Arts

Departmental item

-52,181,950.63

-9,142,834.33

-61,324,784.96

12

Department of Infrastructure, Transport, Regional Development and Communications

Departmental item

+52,181,950.63

+9,142,834.33

+61,324,784.96

13

Department of Communications and the Arts

Administered item, Outcome 1

-30,594,426.35

-53,257,558.00

-83,851,984.35

14

Department of Infrastructure, Transport, Regional Development and Communications

Administered item, Outcome 5

+30,594,426.35

+53,257,558.00

+83,851,984.35

15

Department of Communications and the Arts

Administered item, Outcome 2

-70,000,000.00

-17,042,142.21

-87,042,142.21

16

Department of Infrastructure, Transport, Regional Development and Communications

Administered item, Outcome 6

+70,000,000.00

+17,042,142.21

+87,042,142.21

17

Department of Employment, Skills, Small and Family Business

Departmental item

-192,916,339.00

-44,282,678.82

-237,199,017.82

18

Department of Education, Skills and Employment

Departmental item

+186,264,661.00

+42,684,429.01

+228,949,090.01

19

Department of Employment, Skills, Small and Family Business

Administered item, Outcome 1

-486,975,734.28

-72,496,896.29

-559,472,630.57

20

Department of Education, Skills and Employment

Administered item, Outcome 4

+483,790,000.00

+72,416,337.08

+556,206,337.08

21

Department of Employment, Skills, Small and Family Business

Administered item, Outcome 2

-371,648,000.00

-48,694,122.29

-420,342,122.29

22

Department of Education, Skills and Employment

Administered item, Outcome 3

+371,648,000.00

+48,694,122.29

+420,342,122.29

23

Department of Industry, Science, Energy and Resources

Departmental item

+65,002,995.81

+20,914,924.03

+85,917,919.84

24

Department of Industry, Science, Energy and Resources

Administered item, Outcome 4

+3,185,734.28

+80,559.21

+3,266,293.49

26

Department of Industry, Science, Energy and Resources

Administered item, Outcome 2

+1,137,000.00

-1,137,000.00

0.00

27

Department of Agriculture, Water and the Environment

Administered item, Outcome 4

-27,000,000.00

-5,225,857.21

-32,225,857.21

28

Department of Industry, Science, Energy and Resources

Administered item, Outcome 3

+27,000,000.00

+6,362,857.21

+33,362,857.21

29

Services Australia (Department of State)

Departmental item

-2,185,529,458.98

-299,852,592.43

-2,485,382,051.41

30

Services Australia (Executive Agency)

Departmental item

+2,185,529,458.98

+299,852,592.43

+2,485,382,051.41

33

Department of Agriculture

Corporate entity item, Australian Pesticides and Veterinary Medicines Authority

-2,253,000.00

-178,000.00

-2,431,000.00

34

Department of Agriculture, Water and the Environment

Corporate entity item, Australian Pesticides and Veterinary Medicines Authority

+2,253,000.00

+178,000.00

+2,431,000.00

35

Department of Agriculture

Corporate entity item, Murray-Darling Basin Authority

-24,907,000.00

-2,017,000.00

-26,924,000.00

36

Department of Agriculture, Water and the Environment

Corporate entity item, Murray-Darling Basin Authority

+24,907,000.00

+2,017,000.00

+26,924,000.00

37

Department of Agriculture

Corporate entity item, Regional Investment Corporation

-5,127,500.00

-10,500.00

-5,138,000.00

38

Department of Agriculture, Water and the Environment

Corporate entity item, Regional Investment Corporation

+5,127,500.00

+10,500.00

+5,138,000.00

39

Department of Communications and the Arts

Corporate entity item, Australian Broadcasting Corporation

-326,061,000.00

-48,812,000.00

-374,873,000.00

40

Department of Infrastructure, Transport, Regional Development and Communications

Corporate entity item, Australian Broadcasting Corporation

+326,061,000.00

+48,812,000.00

+374,873,000.00

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

9.      Item 6 of the amendment determination adds item 49 to the table in subsection 8(4) of the Determination. The item 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 ($)

49

Department of the Prime Minister and Cabinet

Departmental item

0.00

+279,249.81

+279,249.81

10.  Item 7 of the amendment determination repeals and substitutes several items in the table in subsection 9(4) of the Determination. The items affect the relevant appropriation items in Schedule 2 to the Appropriation Act (No. 2) 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 ($)

3

Department of Agriculture

Administered assets and liabilities item

-281,666,000.00

-7,854,807.87

-289,520,807.87

4

Department of Agriculture, Water and the Environment

Administered assets and liabilities item

+143,666,000.00

+7,854,807.87

+151,520,807.87

7

Department of Employment, Skills, Small and Family Business

Other departmental item (Equity Injections)

-15,633,747.00

-8,875,568.81

-24,509,315.81

8

Department of Education, Skills and Employment

Other departmental item (Equity Injections)

+15,633,747.00

+8,875,568.81

+24,509,315.81

10

Services Australia (Department of State)

Other departmental item (Equity Injections)

-42,055,440.73

-36,908,347.34

-78,963,788.07

11

Services Australia (Executive Agency)

Other departmental item (Equity Injections)

+42,055,440.73

+36,908,347.34

+78,963,788.07

12

Department of Agriculture

Corporate entity item, Murray-Darling Basin Authority

-2,784,750.00

-186,250.00

-2,971,000.00

13

Department of Agriculture, Water and the Environment

Corporate entity item, Murray-Darling Basin Authority

+2,784,750.00

+186,250.00

+2,971,000.00

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 was enacted to address the need for adjustments in appropriations to non-corporate Commonwealth entities due to changes in the machinery of government. This amendment determination was made under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and was introduced in response to several Administrative Arrangements Orders issued by the Governor-General, which resulted in the transfer of various functions among government departments and the establishment of new executive agencies. The determination aims to modify the Appropriation Acts to reflect these changes while ensuring that the total amount appropriated by Parliament remains unchanged. The amendment determination was made by the Secretary of the Department of Finance, pursuant to the delegation of powers from the Finance Minister under the PGPA Act. It amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2019-20, a legislative instrument for the purposes of section 8 of the Legislation Act 2003. The affected entities were consulted in the preparation of the amendment determination, consistent with the requirements of Chapter 3, Part 1 of the Legislation Act 2003.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019-2020 (No. 4) applies to the Commonwealth of Australia and is enacted under the Public Governance, Performance and Accountability Act 2013 (PGPA Act). The amendment determination modifies the Appropriation Acts to reflect changes in the allocation of funds resulting from Machinery of Government changes, specifically the transfers of functions among various non-corporate Commonwealth entities. These changes stem from Administrative Arrangements Orders (AAO) made by the Governor-General on 29 May 2019 and 5 December 2019. The amendment determination ensures no change to the total amount appropriated by Parliament while reallocating funds among the affected entities to align with their new responsibilities. The scope of the amendment determination includes several departments and agencies, such as the Department of Home Affairs, Department of Education, Skills and Employment, Department of Industry, Science, Energy and Resources, and Services Australia, among others. The amendment determination also includes adjustments for corporate entities like the Australian Pesticides and Veterinary Medicines Authority and the Murray-Darling Basin Authority. The determination does not specify any exclusions, exemptions, or thresholds, and its provisions are effective from the day after registration.

Key Provisions

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019-2020 (the Amendment Determination) adjusts appropriations for non-corporate Commonwealth entities in response to changes in the machinery of government. The amendment determination, made under section 75 of the Public Governance, Performance and Accountability Act 2013, modifies the Appropriation Acts to reflect various transfers of responsibilities and functions among government departments and agencies, including the transfer of settlement services for refugees and humanitarian migrants from the Social Services portfolio to the Home Affairs portfolio, and the establishment of the National Indigenous Australians Agency as an Executive Agency. The Amendment Determination includes several modifications to the Determination, such as adding new outcomes for specific departments and adjusting the appropriation amounts for these outcomes. For example, paragraph 6(3)(l) adds a new Outcome 3 for the Department of Education, Skills and Employment due to the transfer of employment and skills functions. Similarly, paragraph 6(3)(m) adds a new Outcome 3 for the Department of Industry, Science, Energy and Resources due to the transfer of energy functions. The Amendment Determination also includes adjustments to appropriation amounts for various entities, such as increasing the amount for the Department of Home Affairs and decreasing the amount for the Department of Social Services. The Amendment Determination imposes obligations on the entities it governs by requiring them to comply with the modified appropriation amounts specified in the determination. This includes ensuring that the transferred funds are used for the intended purposes and outcomes as outlined in the Appropriation Acts. Additionally, the Amendment Determination requires the entities to report on the use of these funds and any changes in their operations or responsibilities resulting from the transfers. The Amendment Determination does not explicitly outline specific offences, penalties, or consequences for breach. However, non-compliance with the appropriation amounts or misuse of funds could potentially lead to legal and financial repercussions under the Public Governance, Performance and Accountability Act 2013 and other relevant legislation. Penalties for such breaches could include financial penalties, recovery of misappropriated funds, and potential criminal charges depending on the severity and intent of the breach.

Legal classification tags

Area of Law
Administrative Law
Budget and Appropriations Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
Reporting & Disclosure Obligations
Regulatory Standards
Administrative Discretion

Interactions

Authorises

All Versions

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.