EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2020‑2021 (No. 4) (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 5 May 2021, of the Public Governance, Performance and Accountability Amendment (National Recovery and Resilience Agency) Rules 2021 (Amendment Rules).
The Amendment Rules amend Schedule 1 to the Public Governance, Performance and Accountability Rule 2014, for the purposes of the PGPA Act, to:
- rename the National Drought and North Queensland Flood Response and Recovery Agency (NDNQFRRA) to the National Recovery and Resilience Agency (NRRA); and
- amend and expand the purposes of the listed entity in relation to disaster relief and recovery co-ordination; disaster relief, recovery, risk reduction and preparedness policy and funding; rural financial counselling; and drought recovery and resilience.
Also commencing on 5 May 2021, the Governor-General made an Executive Order that renamed the NDNQFRRA to the NRRA for the purposes of the Public Service Act 1999, identified the Minister responsible and specified the functions for the renamed NRRA.
The amendment determination modifies the Appropriation Acts to reflect the transfer of responsibility of the National Bushfire Response Agency functions from the Department of the Prime Minister and Cabinet to the NRRA.
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 inserts section 4A to set out modifications that affect the Appropriation Acts. Paragraph 4A(1)(a) modifies the Appropriation Acts such that references to the National Drought and North Queensland Flood Response and Recovery Agency have effect as if they were references to the National Recovery and Resilience Agency.
- Item 2 of the amendment determination adds items 8 and 9 to the table in subsection 7(2) of the Determination. The items affect the relevant appropriation items in Schedule 1 to the Appropriation 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 ($) |
8 | Department of the Prime Minister and Cabinet | Departmental item | 0.00 | -6,271,000.00 | -6,271,000.00 |
9 | National Recovery and Resilience Agency | Departmental item | 0.00 | +6,271,000.00 | +6,271,000.00 |
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. 4) was enacted to address the transfer of responsibility of the National Bushfire Response Agency functions from the Department of the Prime Minister and Cabinet to the National Recovery and Resilience Agency (NRRA) as of 5 May 2021. This amendment determination was made under section 75 of the Public Governance, Performance and Accountability Act 2013 by the Secretary of the Department of Finance, who has been sub-delegated this power by the Finance Minister. The amendment determination modifies the Appropriation Acts to reflect this transfer and results in no overall change to the total amount appropriated by Parliament. The purpose of this determination is to ensure that the appropriations are accurately reflected in the changes of entity responsibility and to maintain the integrity of the financial allocations within the Commonwealth.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2020-2021 (No. 4) applies to the appropriation of funds to non-corporate Commonwealth entities as stipulated in the Public Governance, Performance and Accountability Act 2013. Specifically, it adjusts the appropriations for the transfer of functions from the Department of the Prime Minister and Cabinet to the newly named National Recovery and Resilience Agency, which was previously known as the National Drought and North Queensland Flood Response and Recovery Agency. This amendment is made to reflect the changes outlined in the Public Governance, Performance and Accountability Amendment (National Recovery and Resilience Agency) Rules 2021, which commenced on 5 May 2021. The amendment ensures that references in the Appropriation Acts are updated accordingly, without altering the total amount appropriated by Parliament. This determination applies nationally within the Commonwealth of Australia and is subject to the authority granted under section 75 of the PGPA Act, which allows for the modification of appropriation schedules related to the transfer of functions between non-corporate Commonwealth entities.
Key Provisions
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2020-2021 (No 4) (the amendment determination) is made under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act). The amendment determination modifies the Appropriation Acts in response to the transfer of the National Bushfire Response Agency functions from the Department of the Prime Minister and Cabinet to the National Recovery and Resilience Agency (NRRA) and the renaming of the National Drought and North Queensland Flood Response and Recovery Agency to the NRRA. The amendment determination inserts section 4A into the amendment determination and modifies the Appropriation Acts such that references to the National Drought and North Queensland Flood Response and Recovery Agency have effect as if they were references to the NRRA. This amendment determination also adjusts the amounts appropriated to the relevant entities in Schedule 1 to the Appropriation Act (No 1) 2020-2021, with a decrease in the appropriation item of the Department of the Prime Minister and Cabinet by $6,271,000.00 and an increase in the appropriation item of the NRRA by $6,271,000.00.
The amendment determination imposes obligations on the relevant entities, including the Department of the Prime Minister and Cabinet and the NRRA. The amendment determination requires these entities to adjust their appropriation items in accordance with the modifications set out in the determination. The entities must ensure that their financial records and reports reflect the changes made by the amendment determination. Additionally, the amendment determination requires the entities to comply with any other relevant legislation and regulations governing their financial management and reporting.
Failure to comply with the requirements of the amendment determination may result in civil or criminal consequences. The specific consequences will depend on the nature and severity of the breach. The amendment determination does not specify maximum penalties for non-compliance. However, breaches of the PGPA Act or other relevant legislation may be subject to penalties under those Acts. The consequences of non-compliance could include fines, imprisonment, or other legal actions. It is important for the entities to understand and adhere to the requirements of the amendment determination to avoid any potential legal or financial repercussions.
The amendment determination is made under section 75 of the PGPA Act, which enables the Finance Minister to modify the Appropriation Acts in relation to the transfer of a function from one non-corporate Commonwealth entity to another. The Finance Minister has delegated the power to make determinations under section 75 to the Secretary of the Department of Finance, who has further sub-delegated this power to certain officials within the Department of Finance. The amendment determination is a legislative instrument for the purposes of section 8 of the Legislation Act 2003 and is exempt from disallowance under subsection 75(7) of the PGPA Act. As such, a Statement of Compatibility with Human Rights is not required for the amendment determination. The affected entities were consulted in the preparation of the determination, consistent with Chapter 3, Part 1 of the Legislation Act 2003.