EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability
(Section 75 Transfers) Amendment Determination 2020‑2021 (No. 10)
Purpose of the determination
Section 75 of the Public Governance, Performance and Accountability Act 2013 (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. The power in section 75 recognises that the Executive Government will from time to time choose to reorganise the administration and delivery of its functions with commensurate transfers of resources, including appropriations, between entities.
Subsection 75(7) of the PGPA Act provides that a determination made under subsection (2) is a legislative instrument, but that section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination. The Explanatory Memorandum for the Public Governance, Performance and Accountability Bill 2013 provides (at paragraph 370) that determinations made under section 75 are exempt from disallowance as the changes effected by determinations made under section 75 are in the nature of administrative changes only, relating to the Executive Government’s decisions about the allocation of functions to particular entities.
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.
Following the 2022 Federal Election, the Governor-General, acting on the advice of the Federal Executive Council, made an Administrative Arrangements Order (AAO) to commence on 1 July 2022. The new AAO available at https://www.pmc.gov.au/resource-centre/government/administrative-arrangements-order resulted in a number of machinery of government (MoG) changes.
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2020‑2021 (No. 10) (the amendment determination) amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2020‑2021 (the principal determination) to reflect transfer of appropriations between MoG affected entities, as well as changes to outcome statement structures of transferring entities. The amendment determination does not change the total amount appropriated by the Parliament.
The principal determination modifies the 2020-21 Appropriation Acts to, among other things, increase or decrease appropriation items for affected entities to support the implementation of the new AAO.
The 2020-21 Appropriation Acts include:
- the Supply Act (No. 1) 2020-2021;
- the Supply Act (No. 2) 2020-2021;
- the Appropriation Act (No. 1) 2020-2021;
- the Appropriation Act (No. 2) 2020-2021;
- the Appropriation Act (No. 3) 2020-2021; and
- the Appropriation Act (No. 4) 2020-2021.
The amendment determination is a legislative instrument for the purposes of section 8 of the Legislation Act 2003.
Commencement
The amendment determination commences immediately after it is registered on the Federal Register of Legislation.
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 made under subsection 75(2) 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 section 17 of the Legislation Act 2003, the affected entities were consulted in the preparation of the amendment determination.
Summary of amendments
- Item 1 of Schedule 1 to the amendment determination has effect of amending outcome statement structures for transferring entities, i.e. those entities which have transferred some of their functions to receiving entities resulting in the loss or revision of some of the outcome statements for transferring entities.
The transferring entities in Item 1 include:
- the Department of Agriculture, Fisheries and Forestry;
- the Attorney-General’s Department;
- the Department of Education;
- the Department of Industry, Science and Resources;
- the Department of Infrastructure, Regional Development, Communications and the Arts; and
- the Department of Home Affairs.
2. Item 2 of Schedule 1 to the amendment determination adds items 16 to 19 at the end of the table in subsection 5(3) of the principal determination, which has effect as if appropriation items in Schedule 1 to the Supply Act (No. 1) 2020-2021 were increased or decreased in accordance with the table included in the subsection. If an appropriation item exists only because of the principal determination, the increase is from a nil amount.
Item | Entity | Appropriation item | Previous increase/ decrease by the principal determination ($) | Current increase/ decrease by the amendment determination ($) | Total increase/ decrease by the principal determination ($) |
16 | National Recovery and Resilience Agency | Departmental item | 0.00 | -59,000.00 | -59,000.00 |
17 | National Emergency Management Agency | Departmental item | 0.00 | +59,000.00 | +59,000.00 |
18 | Department of Education | Administered item, Outcome 3 | 0.00 | -1,552,561.07 | -1,552,561.07 |
19 | Department of Employment and Workplace Relations | Administered item, Outcome 2 | 0.00 | +1,552,561.07 | +1,552,561.07 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
3. Item 3 of Schedule 1 to the amendment determination updates cumulative effect of the decrease in appropriation items for transferring entities and increase in appropriation items for receiving entities as set out in replacement items 9 and 15 of the table in subsection 7(2) of the principal determination.
Subsection 7(2) of the principal determination has effect as if appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2020-2021 were increased or decreased in accordance with the table included in the subsection. If an appropriation item exists only because of the principal determination, the increase is from a nil amount.
Item | Entity | Appropriation item | Previous increase/ decrease by the principal determination ($) | Current increase/ decrease by the amendment determination ($) | Total increase/ decrease by the principal determination ($) |
9 | National Recovery and Resilience Agency | Departmental item | +6,271,000.00 | -141,000.00 | +6,130,000.00 |
15 | National Recovery and Resilience Agency | Administered item, Outcome 1 | +910,000.00 | -99,000.00 | +811,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
4. Item 4 of Schedule 1 to the amendment determination adds items 27 to 32 at the end of the table in subsection 7(2) of the principal determination.
Item | Entity | Appropriation item | Previous increase/ decrease by the principal determination ($) | Current increase/ decrease by the amendment determination ($) | Total increase/ decrease by the principal determination ($) |
27 | National Emergency Management Agency | Administered item, Outcome 1 | 0.00 | +99,000.00 | +99,000.00 |
28 | National Emergency Management Agency | Departmental item | 0.00 | +141,000.00 | +141,000.00 |
29 | Department of Education | Administered item, Outcome 3 | 0.00 | -1,550,029,464.05 | -1,550,029,464.05 |
30 | Department of Education | Administered item, Outcome 4 | 0.00 | -315,876,031.76 | -315,876,031.76 |
31 | Department of Employment and Workplace Relations | Administered item, Outcome 1 | 0.00 | +315,876,031.76 | +315,876,031.76 |
32 | Department of Employment and Workplace Relations | Administered item, Outcome 2 | 0.00 | +1,550,029,464.05 | +1,550,029,464.05 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
5. Item 5 of Schedule 1 to the amendment determination adds items 5 to 8 at the end of the table in subsection 9(2) of the principal determination, which has effect as if appropriation items in Schedule 1 to the Appropriation Act (No. 3) 2020-2021 were increased or decreased in accordance with the table included in the subsection. If an appropriation item exists only because of the principal determination, the increase is from a nil amount.
Item | Entity | Appropriation item | Previous increase/ decrease by the principal determination ($) | Current increase/ decrease by the amendment determination ($) | Total increase/ decrease by the principal determination ($) |
5 | Department of Education | Administered item, Outcome 3 | 0.00 | -11,488,000.00 | -11,488,000.00 |
6 | Department of Education | Administered item, Outcome 4 | 0.00 | -219,071,000.00 | -219,071,000.00 |
7 | Department of Employment and Workplace Relations | Administered item, Outcome 1 | 0.00 | +219,071,000.00 | +219,071,000.00 |
8 | Department of Employment and Workplace Relations | Administered item, Outcome 2 | 0.00 | +11,488,000.00 | +11,488,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
6. Item 6 of Schedule 1 to the amendment determination adds new subsection 10(2A) to the Appropriation Act (No. 4) 2020-2021 which has effect as if Schedule 1 to the Act included an administered assets and liabilities item for the National Emergency Management Agency.
7. Item 7 of Schedule 1 to the amendment determination updates cumulative effect of the decrease in appropriation items for transferring entities and increase in appropriation items for receiving entities as set out in replacement item 2 of the table in subsection 10(3) of the principal determination.
Subsection 10(3) of the principal determination has effect as if appropriation items in Schedule 1 to the Appropriation Act (No. 4) 2020-2021 were increased or decreased in accordance with the table included in the subsection. If an appropriation item exists only because of the principal determination, the increase is from a nil amount.
Item | Entity | Appropriation item | Previous increase/ decrease by the principal determination ($) | Current increase/ decrease by the amendment determination ($) | Total increase/ decrease by the principal determination ($) |
2 | National Recovery and Resilience Agency | Administered assets and liabilities item | 5,143,609.00 | -4,428,505.00 | 715,104.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
8. Item 8 of Schedule 1 to the amendment determination adds item 5 at the end of the table in subsection 10(3) of the principal determination.
Item | Entity | Appropriation item | Previous increase/ decrease by the principal determination ($) | Current increase/ decrease by the amendment determination ($) | Total increase/ decrease by the principal determination ($) |
5 | National Emergency Management Agency | Administered assets and liabilities item | 0.00 | +4,428,505.00 | +4,428,505.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.