Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2020-2021 (No. 7)

Overview

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2020-2021, issued under the Public Governance, Performance and Accountability Act 2013, aims to facilitate the transfer of functions and appropriations between non-corporate Commonwealth entities. The amendment determination, enacted to address the need for administrative flexibility in reallocating resources and functions within the executive branch, was introduced by the Australian Parliament. The underlying policy objective is to streamline the management of government operations by allowing the Finance Minister to modify appropriation schedules as functions are transferred between entities, thereby ensuring a smooth transition and continuity of service delivery. This legislative instrument, which is exempt from disallowance, reflects the government's reorganisation efforts by adjusting appropriations to match the reallocation of responsibilities, without altering the overall budget approved by Parliament. The amendment determination ensures that appropriations are correctly aligned with the newly assigned functions of the involved entities, including the National Recovery and Resilience Agency.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2020-2021 applies to the modification of appropriations in the Appropriation Acts concerning the transfer of specific functions from one non-corporate Commonwealth entity to another, as authorised by Section 75 of the Public Governance, Performance and Accountability Act 2013. This determination specifically reflects the transfer of the rural financial counselling service program from the Department of Agriculture, Water and the Environment to the National Recovery and Resilience Agency, as well as the transfer of natural disaster relief, recovery and mitigation policy and financial assistance from the Department of Home Affairs to the National Recovery and Resilience Agency. These transfers are administrative changes that do not alter the total appropriations set by Parliament. The amendment determination is a legislative instrument exempt from disallowance under section 75(7) of the PGPA Act and is made by officials within the Department of Finance who have been delegated this authority. The amendment determination modifies specific appropriation items in Schedule 1 of the Appropriation Act (No. 1) 2020-2021, detailing the reallocation of funds between the entities involved in these transfers.

Key Provisions

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2020-2021 (No. 7) modifies the appropriations for the transfer of certain functions from the Department of Agriculture, Water and the Environment and the Department of Home Affairs to the National Recovery and Resilience Agency (NRRA) (sections 1-2). This amendment determination responds to the administrative changes agreed upon by the Prime Minister and reflected in the Administrative Arrangements Order (Item 1). Specifically, it adjusts the appropriations to reflect the transfer of the rural financial counselling service program and natural disaster relief, recovery, and mitigation policy and financial assistance functions (Item 1). Additionally, it modifies specific appropriation items to account for the transfers, including a decrease in appropriations for the Department of Agriculture, Water and the Environment and the Department of Home Affairs, and an increase for the NRRA (Item 2). The amendment determination imposes specific obligations on the entities involved in the transfer of functions. The Finance Minister, having delegated this power, ensures that the appropriations are adjusted to reflect the reallocation of functions (section 107 of the PGPA Act). The Department of Finance officials, who were sub-delegated this power, are responsible for making the necessary amendments to the appropriation acts and ensuring that these changes are properly implemented (section 109 of the PGPA Act). The affected entities, including the Department of Agriculture, Water and the Environment, the Department of Home Affairs, and the NRRA, are required to cooperate with the Finance Minister and the Department of Finance in the execution of these changes. Failure to comply with the provisions of the amendment determination could potentially lead to legal consequences. However, the determination itself does not explicitly outline specific offences or penalties for non-compliance. Instead, it operates within the framework established by the PGPA Act and the Legislation Act 2003. The amendment determination is exempt from disallowance, meaning that while it is subject to parliamentary scrutiny, it does not require a Statement of Compatibility with Human Rights as mandated by the Human Rights (Parliamentary Scrutiny) Act 2011 (section 9(1)). This suggests that while the changes are significant, they are considered administrative in nature and are designed to facilitate the efficient reallocation of resources within the Commonwealth entities.