EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019‑2020 (No. 6) (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 5 December 2019, the Governor-General made a new Administrative Arrangements Order (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 finalise 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.
In April 2020, the Government agreed to consolidate the oversight and management of COVID‑19 communications campaign activities in the Department of the Treasury. The amendment determination modifies the Appropriation Acts to reflect the transfer of resourcing for COVID‑19 communications campaign activities from the Department of Health to the Department of the Treasury.
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 repeals and substitutes six 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 ($) |
33 | Department of Agriculture | Corporate entity item, Australian Pesticides and Veterinary Medicines Authority | -2,431,000.00 | -341,000.00 | -2,772,000.00 |
34 | Department of Agriculture, Water and the Environment | Corporate entity item, Australian Pesticides and Veterinary Medicines Authority | +2,431,000.00 | +341,000.00 | +2,772,000.00 |
35 | Department of Agriculture | Corporate entity item, Murray-Darling Basin Authority | -26,924,000.00 | -3,705,000.00 | -30,629,000.00 |
36 | Department of Agriculture, Water and the Environment | Corporate entity item, Murray-Darling Basin Authority | +26,924,000.00 | +3,705,000.00 | +30,629,000.00 |
37 | Department of Agriculture | Corporate entity item, Regional Investment Corporation | -5,138,000.00 | -1,284,500.00 | -6,422,500.00 |
38 | Department of Agriculture, Water and the Environment | Corporate entity item, Regional Investment Corporation | +5,138,000.00 | +1,284,500.00 | +6,422,500.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
2. Item 2 of the amendment determination repeals and substitutes two items in the table in subsection 9(4) of the Determination. The items affect the relevant appropriation items in Schedule 2 to the Appropriation Act (No. 2) 2019‑2020 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Amount transferred by the amendment determination ($) | Amended amount transferred by the Determination ($) |
12 | Department of Agriculture | Corporate entity item, Murray-Darling Basin Authority | -2,971,000.00 | -742,000.00 | -3,713,000.00 |
13 | Department of Agriculture, Water and the Environment | Corporate entity item, Murray-Darling Basin Authority | +2,971,000.00 | +742,000.00 | +3,713,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
3. Item 3 of the amendment determination adds section 10 which applies to appropriation items in Schedule 1 to the Appropriation (Coronavirus Economic Response Package) Act (No. 1) 2019-2020.
4. Paragraph 10(3)(a) has effect as if an administered item for the Department of the Treasury were included in Schedule 1 to Appropriation (Coronavirus Economic Response Package) Act (No. 1) 2019‑2020 within the Treasury portfolio. Due to the transfer of communications campaign activities from the Department of Health, this amendment determination has effect as if the Department of the Treasury were included in the Appropriation (Coronavirus Economic Response Package) Act (No. 1) 2019‑2020.
5. Paragraph 10(3)(b) has effect as if the following outcome were included in Schedule 1 to the Appropriation (Coronavirus Economic Response Package) Act (No. 1) 2019‑2020 for the Department of the Treasury:
Outcome 1
Supporting and implementing informed decisions on policies for the good of the Australian people, including for achieving strong, sustainable economic growth, through the provision of advice to Treasury Ministers and the efficient administration of Treasury’s functions
6. The table at subsection 10(4) affects relevant appropriation items in Schedule 1 to the Appropriation (Coronavirus Economic Response Package) 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 Health | Administered item, Outcome 5 | 0.00 | -17,853,768.00 | -17,853,768.00 |
2 | Department of the Treasury | Administered item, Outcome 1 | 0.00 | +17,853,768.00 | +17,853,768.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.