EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019‑2020 (No. 7) (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 to reflect a transfer of resources from the Department of the Treasury to the Department of Health for COVID‑19 communications campaign activities.
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
1. Item 1 of the amendment determination repeals and substitutes two items in the table in subsection 10(4) of the Determination. The items affect the 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 | -17,853,768.00 | +3,703,000.00 | -14,150,768.00 |
2 | Department of the Treasury | Administered item, Outcome 1 | +17,853,768.00 | -3,703,000.00 | +14,150,768.00 |
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. 7) was enacted to facilitate the transfer of funds from the Department of the Treasury to the Department of Health to support COVID-19 communications campaign activities. This amendment determination was introduced under section 75 of the Public Governance, Performance and Accountability Act 2013, and made by the Secretary of the Department of Finance on behalf of the Finance Minister. The purpose of this determination is to adjust the amounts appropriated to non-corporate Commonwealth entities without altering the total appropriation amount as determined by Parliament. The amendment ensures that the reallocation of resources for urgent public health communication efforts aligns with the broader financial framework while maintaining fiscal integrity. The determination, which does not require a Statement of Compatibility with Human Rights, was prepared after consultation with the affected entities, as mandated by the Legislation Act 2003.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019-2020 applies to the modification of appropriations within non-corporate Commonwealth entities, specifically the Department of Health and the Department of the Treasury, to account for the reallocation of funds for COVID-19 communications campaign activities. This amendment determination does not alter the overall amount of funds appropriated by Parliament but redistributes funds between the specified entities. The amendment is applicable under the jurisdiction of the Commonwealth of Australia, and it is enacted under the authority granted by the Public Governance, Performance and Accountability Act 2013. This Act and its subordinate instruments, such as the amendment determination, operate nationally and are made by the Secretary of the Department of Finance, as delegated by the Finance Minister. The amendment determination does not require a Statement of Compatibility with Human Rights as it is exempt from disallowance. The entities affected by this determination were consulted during its preparation, in accordance with the Legislation Act 2003.
Key Provisions
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019-2020 (No. 7) amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2019-20. Specifically, it adjusts appropriations to non-corporate Commonwealth entities to reflect the transfer of resources from the Department of the Treasury to the Department of Health for COVID-19 communications campaign activities (subsection 10(4)). These changes ensure that the total amount appropriated by Parliament remains unchanged, as per the legislative requirements.
The amendment determination imposes certain obligations on the entities involved. The Department of Health and the Department of the Treasury must ensure that the financial adjustments are accurately reflected in their respective budgets and accounts. This involves updating their appropriation items to reflect the increased funding for the Department of Health and the reduced funding for the Department of the Treasury, as outlined in the amendment determination (Item 1 of the amendment determination).
Failure to comply with the provisions of the amendment determination may lead to various consequences. While the determination itself does not specify penalties, breaches of the PGPA Act or related appropriations legislation could result in administrative or legal actions. These may include financial penalties, audits, or other corrective measures to ensure compliance with the legislative requirements. The specific penalties would depend on the nature and extent of the non-compliance, as well as any applicable provisions in the PGPA Act or other relevant legislation.