EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2020‑2021 (No. 1) (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 Department of Health in relation to sport integrity functions.
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 this determination.
The amendment determination amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2020‑2021 (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 determination.
Summary of Modifications
- Item 1 of the amendment determination repeals and substitutes two items in the table in subsection 5(3) of the Determination. The items affect the relevant appropriation items in Schedule 1 to the Supply Act (No. 1) 2020‑2021 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 | Departmental item | -3,330,000.00 | -46,100.00 | -3,376,100.00 |
3 | Sport Integrity Australia | Departmental item | +10,291,000.00 | +46,100.00 | +10,337,100.00 |
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 2020-2021 (No. 1) was enacted to adjust the appropriations to non-corporate Commonwealth entities in response to the establishment of Sport Integrity Australia on 1 July 2020. This amendment was made under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) to facilitate the transfer of sport integrity functions from the Department of Health to Sport Integrity Australia. The determination was made by the Secretary of the Department of Finance, who was delegated this power by the Finance Minister under section 107 of the PGPA Act. The amendment ensures that the total amount appropriated by Parliament remains unchanged, while redistributing funds to support the new entity’s functions. The amendment determination was prepared after consultation with the affected entities, in accordance with Chapter 3, Part 1 of the Legislation Act 2003.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2020-2021 applies to the reallocation of appropriations between non-corporate Commonwealth entities, specifically in relation to the transfer of sport integrity functions from the Department of Health to Sport Integrity Australia. This amendment is made under section 75 of the Public Governance, Performance and Accountability Act 2013 to facilitate the establishment of Sport Integrity Australia on 1 July 2020, as per the Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2020. The amendment determination modifies the relevant appropriation items in the Supply Act (No. 1) 2020-2021 to reflect the financial implications of this function transfer, ensuring that the total amount appropriated by Parliament remains unchanged. The amendment determination is applicable across the Commonwealth of Australia and is effective from the day after its registration. The Finance Minister, under section 75 of the PGPA Act, has the authority to make this determination, with the power delegated to certain officials within the Department of Finance. No Statement of Compatibility with Human Rights is required for this amendment determination as it is exempt from disallowance under subsection 75(7) of the PGPA Act.
Key Provisions
The main sections of the Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2020–2021 (No. 1) include the authority for the determination (section 75 of the PGPA Act), which enables the Finance Minister to modify the appropriation of funds to non-corporate Commonwealth entities when functions are transferred. The amendment determination also specifies the entities involved and the financial adjustments necessary to support the new functions, such as the transfer of sport integrity functions to Sport Integrity Australia from the Department of Health. It should be noted that these modifications do not alter the total amount appropriated by Parliament.
The obligations and requirements imposed by the Act on the relevant parties primarily involve ensuring that the transfer of functions and the corresponding appropriation adjustments are executed smoothly and effectively. The entities affected by the transfer, in this case the Department of Health and Sport Integrity Australia, must comply with the financial adjustments outlined in the amendment determination. This includes ensuring that the appropriate amount of funds is transferred or reallocated as specified, thereby facilitating the new entity's ability to perform its new functions without financial disruption. The Department of Finance, as the body responsible for making this determination, must also ensure that the amendment determination is consistent with the overall objectives of the PGPA Act and other relevant legislation.
Breaching the provisions of the amendment determination could result in administrative or legal consequences. Although specific penalties are not detailed in the amendment determination, any failure to comply with the financial adjustments outlined could lead to financial mismanagement or improper allocation of funds. Such breaches might be subject to review or audit by relevant oversight bodies, and could potentially lead to further administrative actions or penalties as prescribed by other relevant legislation. It is also important for the affected entities to maintain accurate records and documentation of the transfers and adjustments to ensure compliance and facilitate any required audits or reviews.