EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019‑2020 (No. 9) (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 commencement on 1 July 2020 of Sport Integrity Australia (SIA) on commencement of the Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2020.
The amendment determination modifies the Appropriation Acts to support functions transferred to SIA from the Australian Sports Anti-Doping Authority (ASADA) in relation to all functions formerly undertaken by ASADA which was abolished on 1 July 2020 following the commencement of SIA.
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 amendment determination.
The amendment determination amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2019‑2020 (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 adds paragraph 8(3)(l) to subsection 8(3) of the Determination.
- Paragraph 8(3)(l) has effect as if a departmental item for Sport Integrity Australia were included in Schedule 1 to Appropriation Act (No. 1) 2019‑2020 within the Health Portfolio.
- Item 2 of the amendment determination adds items 54 and 55 to 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 ($) |
54 | Australian Sports Anti-Doping Authority | Departmental item | 0.00 | -298,798.76 | -298,798.76 |
55 | Sport Integrity Australia | Departmental item | 0.00 | +298,798.76 | +298,798.76 |
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. 9) was enacted under section 75 of the Public Governance, Performance and Accountability Act 2013 to address the transfer of functions from the Australian Sports Anti-Doping Authority (ASADA) to Sport Integrity Australia (SIA) upon the latter's commencement on 1 July 2020. The Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2020 abolished ASADA and established SIA, necessitating adjustments to the appropriations previously allocated to ASADA. The determination was made by the Secretary of the Department of Finance, pursuant to the delegation of authority from the Finance Minister under the PGPA Act. It modifies the Appropriation Acts to ensure that the total amount appropriated by Parliament remains unchanged, while redistributing funds to reflect the new entity responsible for the transferred functions. The amendment determination aims to ensure a seamless transition and continued funding for the relevant functions without any overall change in the budgetary allocation.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019-2020 applies to the adjustment of appropriations to non-corporate Commonwealth entities, specifically in relation to the transfer of functions from the Australian Sports Anti-Doping Authority (ASADA) to Sport Integrity Australia (SIA) as a result of the Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2020. This determination is made under section 75 of the Public Governance, Performance and Accountability Act 2013 and is designed to ensure that the total amount appropriated by Parliament remains unchanged despite the transfer of functions. The amendment determination modifies the Appropriation Acts to support the new functions of SIA, which commenced on 1 July 2020 following the abolition of ASADA. The amendment determination specifies the precise adjustments needed to the appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2019-2020 within the Health Portfolio, reflecting the transfer of $298,798.76 from ASADA to SIA. The amendment determination is made by officials within the Department of Finance, who have been sub-delegated this power by the Secretary of the Department of Finance under section 109 of the PGPA Act. There is no requirement for a Statement of Compatibility with Human Rights as the determination is exempt from disallowance. Consultation with the affected entities was conducted in accordance with Chapter 3, Part 1 of the Legislation Act 2003.
Key Provisions
The amendment determination, as outlined in F2020L01032, primarily operates under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act). This determination adjusts the appropriations to non-corporate Commonwealth entities, in response to the establishment of Sport Integrity Australia (SIA) on 1 July 2020, following the abolition of the Australian Sports Anti-Doping Authority (ASADA). Specifically, it modifies the Appropriation Acts to account for the functions transferred to SIA from ASADA. The determination ensures that the total amount appropriated by Parliament remains unchanged.
The amendment determination imposes certain obligations on the entities it governs, primarily relating to the reallocation of funds. It requires that the departmental items in the Appropriation Act (No. 1) 2019-2020 be adjusted to reflect the transfer of functions from ASADA to SIA. This involves a transfer of $298,798.76 from the former to the latter, which is to be reflected in the appropriations schedule within the Health Portfolio. This reallocation is detailed in the amendment determination, which specifies that the amount previously transferred by the original determination is to be reduced by the same amount, and an equivalent amount is to be added to SIA's departmental item.
The amendment determination does not explicitly outline any offences, penalties, or consequences for breach. However, it is part of the legislative framework governed by the PGPA Act, which includes provisions for compliance and enforcement. The determination itself is exempt from disallowance under the PGPA Act, and as such, it operates within the established legal framework that governs compliance and potential penalties for non-compliance with the PGPA Act and related appropriations. The authority to make such determinations is delegated to certain officials within the Department of Finance, ensuring that the adjustments are made in accordance with the legislative requirements.
The amendment determination was prepared in consultation with the affected entities, as required by Chapter 3, Part 1 of the Legislation Act 2003, and it does not require a Statement of Compatibility with Human Rights, as it is exempt from disallowance. This ensures that the determination is made in accordance with the legislative process and does not contravene any human rights obligations. The determination is part of a broader legislative instrument for the purposes of section 8 of the Legislation Act 2003, and it operates within the framework established by the PGPA Act and related legislation.