Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2020-2021 (No. 9)

Administered by Department of Finance

Legislation au F2022L01195 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Public Governance, Performance and Accountability Act 2013

Public Governance, Performance and Accountability

(Section 75 Transfers) Amendment Determination 20202021 (No. 9)

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 changes.

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20202021 (No. 9) (the amendment determination) amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 20202021 (the principal determination) to support the implementation of these changes. The principal determination modifies the 2020-21 Appropriation Acts to, among other things, increase or decrease appropriation items for affected entities due to transfer of functions between them.

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.

In addition, the amendment determination modifies the 2020-21 Appropriation Acts to reflect changes in the names of portfolios and departments; add new portfolios and entities; and reflect movements of Commonwealth entities between portfolios as a result of machinery of government changes.

The amendment determination does not change the total amount appropriated by the Parliament.

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

  1. Item 1 of Schedule 1 to the amendment determination repeals and substitutes paragraph 4A(1)(a), which has effect of amending references to portfolios and departments in all 2020-21 Appropriation Acts as follows:

 

Before amendments

After amendments

Portfolio

Agriculture, Water and the Environment

Agriculture, Fisheries and Forestry

Department

Department of Agriculture, Water and the Environment

Department of Agriculture, Fisheries and Forestry

Portfolio

Education, Skills and Employment

Education

Department

Department of Education, Skills and Employment

Department of Education

Portfolio

Health

Health and Aged Care

Department

Department of Health

Department of Health and Aged Care

Portfolio

Industry, Science, Energy and Resources

Industry, Science and Resources

Department

Department of Industry, Science, Energy and Resources

Department of Industry, Science and Resources

Portfolio

Infrastructure, Transport, Regional Development and Communications

Infrastructure, Transport, Regional Development, Communications and the Arts

Department

Department of Infrastructure, Transport, Regional Development and Communications

Department of Infrastructure, Transport, Regional Development, Communications and the Arts

 


New paragraph 4A(1)(b) has the effect of moving appropriation items and outcomes for the following non-corporate and corporate Commonwealth entities between portfolios in the 2020-21 Appropriation Acts:

Commonwealth entity

Transferring portfolio

Receiving portfolio

Bureau of Meteorology

Agriculture, Fisheries and Forestry

Climate Change, Energy, the Environment and Water

Director of National Parks

Agriculture, Fisheries and Forestry

Climate Change, Energy, the Environment and Water

Great Barrier Reef Marine Park Authority

Agriculture, Fisheries and Forestry

Climate Change, Energy, the Environment and Water

MurrayDarling Basin Authority

Agriculture, Fisheries and Forestry

Climate Change, Energy, the Environment and Water

Sydney Harbour Federation Trust

Agriculture, Fisheries and Forestry

Climate Change, Energy, the Environment and Water

Asbestos Safety and Eradication Agency

AttorneyGeneral’s

Employment and Workplace Relations

Australian Building and Construction Commission

AttorneyGeneral’s

Employment and Workplace Relations

Fair Work Commission

AttorneyGeneral’s

Employment and Workplace Relations

Fair Work Ombudsman and Registered Organisations Commission Entity

AttorneyGeneral’s

Employment and Workplace Relations

Safe Work Australia

AttorneyGeneral’s

Employment and Workplace Relations

Comcare

AttorneyGeneral’s

Employment and Workplace Relations

National Archives of Australia

AttorneyGeneral’s

Infrastructure, Transport, Regional Development, Communications and the Arts

Australian Skills Quality Authority

Education

Employment and Workplace Relations

Australian Criminal Intelligence Commission

Home Affairs

Attorney-General’s

Australian Federal Police

Home Affairs

Attorney-General’s

Australian Institute of Criminology

Home Affairs

Attorney-General’s

Australian Transaction Reports and Analysis Centre

Home Affairs

Attorney-General’s

Office of the Special Investigator

Home Affairs

Attorney-General’s

Clean Energy Regulator

Industry, Science and Resources

Climate Change, Energy, the Environment and Water

Climate Change Authority

Industry, Science and Resources

Climate Change, Energy, the Environment and Water

Australian Institute of Marine Science

Industry, Science and Resources

Climate Change, Energy, the Environment and Water

Australian Renewable Energy Agency

Industry, Science and Resources

Climate Change, Energy, the Environment and Water

Clean Energy Finance Corporation

Industry, Science and Resources

Climate Change, Energy, the Environment and Water

North Queensland Water Infrastructure Authority

Infrastructure, Transport, Regional Development, Communications and the Arts

Climate Change, Energy, the Environment and Water

Digital Transformation Agency

Prime Minister and Cabinet

Finance

National Recovery and Resilience Agency

Prime Minister and Cabinet

Home Affairs

Old Parliament House

Prime Minister and Cabinet

Infrastructure, Transport, Regional Development, Communications and the Arts

2.      Item 2 of Schedule 1 to the amendment determination adds new subsections (2A), (2B) and (2C) to section 5 of the principal determination, which modifies the Appropriation Act (No. 1) 2020-2021. New subsections 5(2A), (2B) and (2C) have effect as if Schedule 1 to the Act included a departmental item for the Department of Climate Change, Energy, the Environment and Water; the Department of Employment and Workplace Relations; and the National Emergency Management Agency. Item 2 also includes outcomes for these entities as set out in paragraphs 5(2A)(b), (2B)(b) and (2C)(b) respectively.

3.      Item 3 of Schedule 1 to the amendment determination adds items 8 to 15 to 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.

4.      Item 4 of Schedule 1 to the amendment determination replaces references to the Department of Health with references to the Department of Health and Aged Care in the table in subsection 5(3) of the principal determination.   

5.      Item 5 of Schedule 1 to the amendment determination replaces reference to the Department of Industry, Science, Energy and Resources with reference to the Department of Industry, Science and Resources in the table in subsection 5(3) of the principal determination.   

6.      Item 6 of Schedule 1 to the amendment determination adds new subsection (1A) to section 6 of the principal determination, which modifies the Supply Act (No. 2) 20202021. Subsection 6(1A) has effect of amending references to the following Ministers in columns 3 and 4 of the table in Schedule 1 to the Act:

Before amendments

After amendments

Minister for Infrastructure, Transport and Regional Development

Minister for Infrastructure, Transport, Regional Development and Local Government

Minister for Agriculture, Drought and Emergency Management

Minister for Infrastructure, Transport, Regional Development and Local Government

7.      Item 7 of Schedule 1 to the amendment determination replaces reference to the Department of Industry, Science, Energy and Resources with reference to the Department of Industry, Science and Resources in the table in subsection 6(2) of the principal determination.   

8.      Item 8 of Schedule 1 to the amendment determination adds items 16 to 26 to the table in subsection 7(2) of the principal determination, which 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.

9.      Item 9 of Schedule 1 to the amendment determination replaces references to the Department of Industry, Science, Energy and Resources with references to the Department of Industry, Science and Resources in the table in subsection 7(2) of the principal determination.   

10.  Item 10 of Schedule 1 to the amendment determination replaces reference to the Department of Agriculture, Water and the Environment with reference to the Department of Agriculture, Fisheries and Forestry in the table in subsection 7(2) of the principal determination.   

11.  Item 11 of Schedule 1 to the amendment determination adds new subsection (1A) to section 8 of the principal determination, which modifies the Appropriation Act (No. 2) 20202021. Subsection 8(1A) has effect of amending references to the following Ministers in columns 3 and 4 of the table in Schedule 1 to the Act:

Before amendments

After amendments

Minister for Infrastructure, Transport and Regional Development

Minister for Infrastructure, Transport, Regional Development and Local Government

Minister for Agriculture, Drought and Emergency Management

Omitted

New subsection 8(1B) has effect as if Schedule 2 to the Act included an other departmental item (equity injections) for the Department of Employment and Workplace Relations.

New subsection 8(1C) has effect as if Schedule 2 to the Act included an administered assets and liabilities item for the Department of Climate Change, Energy, the Environment and Water.

12.  Item 12 of Schedule 1 to the amendment determination adds items 3 to 6 to the table in subsection 8(2) of the principal determination, which has effect as if appropriation items in Schedule 2 to the Appropriation Act (No. 2) 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.

13.  Item 13 of Schedule 1 to the amendment determination replaces reference to the Department of Industry, Science, Energy and Resources with reference to the Department of Industry, Science and Resources in the table in subsection 8(2) of the principal determination.   

14.  Item 14 of Schedule 1 to the amendment determination adds items 3 and 4 to 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.

15.  Item 15 of Schedule 1 to the amendment determination replaces reference to the Department of Industry, Science, Energy and Resources with reference to the Department of Industry, Science and Resources in the table in subsection 9(2) of the principal determination.   

16.  Item 16 of Schedule 1 to the amendment determination replaces reference to the Department of Infrastructure, Transport, Regional Development and Communications with reference to the Department of Infrastructure, Transport, Regional Development, Communications and the Arts in the table in subsection 9(2) of the principal determination.   

17.  Item 17 of Schedule 1 to the amendment determination adds items 3 and 4 to the table in subsection 10(3) of the principal determination, which has effect as if appropriation items in Schedule 2 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.

 

Overview

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2020-2021 (No. 9) (Amendment Determination) was enacted to support the implementation of machinery of government changes resulting from the 2022 Federal Election, specifically to amend the 2020-21 Appropriation Acts as per the new Administrative Arrangements Order. This amendment determination addresses the need to adjust appropriations following the transfer of functions between non-corporate Commonwealth entities as a result of the reorganisation of government portfolios. The determination was introduced by the Governor-General, acting on the advice of the Federal Executive Council, and is a legislative instrument under the Legislation Act 2003. It modifies appropriations to reflect changes in portfolio names, the addition of new portfolios and entities, and reallocations of entities between portfolios. Importantly, the amendment determination does not alter the total amount appropriated by Parliament. The process involved consultation with affected entities as required by the Legislation Act 2003.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2020-2021 (No. 9) applies to the Commonwealth government and its non-corporate entities, specifically targeting the reallocation of functions and appropriations among various government departments and agencies. This determination is instrumental in modifying the 2020-21 Appropriation Acts in response to significant changes in the machinery of government as outlined in the Administrative Arrangements Order that took effect from 1 July 2022. The amendment determination ensures that appropriations are adjusted to reflect the reallocation of functions and entities between different portfolios. Notably, the amendment determination does not alter the total amount appropriated by Parliament, maintaining the overall fiscal framework while realigning resources according to the new administrative structure. The amendment determination is a legislative instrument under the Legislation Act 2003 and commences immediately upon registration on the Federal Register of Legislation. The amendment determination involves consultations with affected entities, consistent with the requirements of the Legislation Act 2003.

Key Provisions

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2020-2021 (No. 9) (the amendment determination) primarily modifies the 2020-21 Appropriation Acts to accommodate transfers of functions between non-corporate Commonwealth entities, changes in the names of portfolios and departments, and movements of Commonwealth entities between portfolios due to machinery of government changes, without altering the total amount appropriated by Parliament. The determination amends the principal determination made under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), which was itself designed to support the reallocation of appropriations following transfers of functions between entities. This amendment determination modifies the 2020-21 Appropriation Acts, including the Supply Acts (No. 1 and No. 2) and the Appropriation Acts (No. 1 to No. 4), to reflect these administrative changes. The amendment determination imposes several obligations on the entities it governs, including the need to accurately report and adjust appropriation items to reflect changes in function and departmental alignment. Specifically, entities must ensure that their appropriation items are correctly aligned with their new portfolios and that any necessary adjustments are accurately reflected in the appropriation acts. This includes updating references to departmental names and outcomes to reflect changes due to the machinery of government changes. The amendment determination also requires entities to provide necessary information and documentation to support the modifications made by the determination. Breaching the requirements set out in this determination could have legal and administrative consequences. While the determination itself does not specify explicit penalties for non-compliance, failure to comply with the appropriations as adjusted by this determination could result in broader legal and financial repercussions under the PGPA Act, including potential audits and inquiries by the Auditor-General. The amendment determination does not introduce new offences but rather ensures that the appropriation acts are accurately reflective of the current administrative structure and function allocations. The total appropriation amount remains unchanged, thus avoiding any potential budgetary impacts from misinterpretation or non-compliance with the administrative changes.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.