Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2022-2023 (No. 11)

Overview

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2022-2023 (No. 11) was enacted to facilitate the transfer of appropriations between the Department of Finance and the Digital Transformation Agency (DTA) in line with a reorganisation of administrative functions. This determination is a legislative instrument under the Public Governance, Performance and Accountability Act 2013 (PGPA Act), which allows the Finance Minister to modify appropriations when transferring functions between non-corporate Commonwealth entities. The amendment determination, which does not alter the total appropriations approved by Parliament, reflects the transfer of the Digital ID function from the DTA to the Department of Finance as of 1 July 2023. The amendment ensures that appropriations are adjusted appropriately between the two entities, while maintaining the overall budgetary framework established by the Parliament. The determination was prepared in consultation with the affected entities, as required by the Legislation Act 2003, and it is not subject to disallowance under the Legislation Act 2003. The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2022-2023 (No. 11) amends the earlier Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2022-2023. Specifically, it adjusts the appropriations for the DTA and the Department of Finance as a result of the transfer of the Digital ID function. The amendment ensures that the total appropriations remain unchanged, but redistributes them between the two entities. This adjustment is reflected in the appropriations for the 2022-23 financial year, which includes various Supply Acts and Appropriation Acts. The amendment determination commences on the day following its registration on the Federal Register of Legislation. No statement of compatibility with human rights is required as the determination is exempt from disallowance.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2022-2023 (No. 11) applies to the reallocation of appropriations between the Department of Finance and the Digital Transformation Agency as a result of the transfer of the Digital ID function from the latter to the former. The amendment determination modifies specific Appropriation Acts for the 2022-23 financial year to adjust appropriation items for the affected entities, reflecting the transfer of resources between them. Notably, the amendment determination does not alter the total amount appropriated by Parliament, ensuring that the overall budget remains unaffected by these administrative changes. The amendment determination is a legislative instrument under the Legislation Act 2003 and is exempt from disallowance as it pertains solely to administrative adjustments. The amendment determination came into effect on the day after its registration on the Federal Register of Legislation.

Key Provisions

The main operative sections of the Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2022-2023 (No. 11) concern the modifications to appropriations in response to the transfer of the Digital ID function from the Digital Transformation Agency (DTA) to the Department of Finance. Section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) empowers the Finance Minister to make such determinations, ensuring that appropriations are adjusted in line with the transfer of functions between entities. This determination, made under section 75(2) of the PGPA Act, does not alter the total amount appropriated by Parliament, maintaining fiscal integrity while facilitating administrative efficiency. The amendment determination specifically amends the principal determination to reflect these changes in appropriations, adjusting departmental items to reflect the new allocation of resources. The obligations imposed by the Act on the entities involved primarily revolve around the adjustment of their budgetary allocations as stipulated in the amendment determination. The DTA must now account for a reduction in its appropriation, while the Department of Finance must incorporate an increased appropriation to cover the Digital ID function. These changes necessitate that both entities ensure their financial records and reporting reflect the adjustments made by the determination. The entities must also comply with any further instructions or requirements issued by the Department of Finance in relation to the implementation of these appropriations. The amendment determination does not explicitly state offences, penalties, or consequences for breach; however, any failure to comply with the adjustments in appropriations as directed by the determination could lead to broader legal and administrative repercussions. The PGPA Act, alongside other relevant legislation, could impose penalties or sanctions for non-compliance with budgetary and appropriation regulations. Given the nature of the amendment determination as an administrative change, breaches may not incur specific penalties under this determination but could result in disciplinary actions or financial penalties under other sections of the PGPA Act or related legislation. The Finance Minister, as the authority making the determination, retains the power to ensure compliance and address any breaches through appropriate administrative or legal measures.