EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability
(Section 75 Transfers) Amendment Determination 2022‑2023 (No. 12)
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 (Finance).
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2022-2023 (No. 12) (the amendment determination) amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2022‑2023 (the principal determination) to reflect the transfer of appropriations relating to the following machinery of government changes:
- transfer of the APS Reform Office from the Department of the Prime Minister and Cabinet to the Australian Public Service Commission, as per amendments to the Administrative Arrangements Order made on 8 June 2023;
- transfer of protective security policy and protective services at Commonwealth establishments and diplomatic and consular premises in Australia functions from the Attorney‑General’s Department to the Department of Home Affairs, as per amendments to the Administrative Arrangements Order made on 3 August 2023; and
- transfer of identity and biometrics functions from the Department of Home Affairs to the Attorney-General’s Department, as per amendments to the Administrative Arrangements Order made on 3 August 2023.
The amendment determination is a legislative instrument for the purposes of section 8 of the Legislation Act 2003. It does not change the total amount appropriated by the Parliament.
The principal determination modifies the specified 2022-23 Appropriation Acts to, among other things, increase or decrease appropriation items for affected entities due to the transfer of functions between them.
The specified 2022-23 Appropriation Acts include:
- the Supply Act (No. 1) 2022-2023;
- the Supply Act (No. 2) 2022-2023;
- the Supply Act (No. 3) 2022-2023;
- the Supply Act (No. 4) 2022-2023;
- the Appropriation Act (No. 1) 2022-2023; and
- the Appropriation Act (No. 2) 2022-2023.
Commencement
The amendment determination commences the day 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 (7). 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
Item 1 of Schedule 1 to the amendment determination updates the cumulative effect of the decrease in an appropriation item for the Attorney-General’s Department and an increase in an appropriation item for the Department of Home Affairs as set out in replacement items 2 and 8 of the table in subsection 6(4) of the principal determination.
Subsection 6(4) of the principal determination has effect as if appropriation items in Schedule 1 to the Supply Act (No. 1) 2022-2023 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. The amendment determination does not change the total amount appropriated by the Parliament.
Item | Entity | Appropriation item | Previous increase/ decrease by the principal determination ($) | Current increase/ decrease by the amendment determination ($) | Total increase/ decrease by the principal determination ($) |
2 | Attorney-General’s Department | Departmental item | -599,292.83 | -1,121,121.64 | -1,720,414.47 |
8 | Department of Home Affairs | Departmental item | -21,047,351.46 | 1,121,121.64 | -19,926,229.82 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
Item 2 of Schedule 1 to the amendment determination updates the cumulative effect of the decrease in an appropriation item for the Attorney-General’s Department and an increase in an appropriation item for the Department of Home Affairs as set out in replacement items 2 and 6 of the table in subsection 7(5) of the principal determination.
Subsection 7(5) of the principal determination has effect as if appropriation items in Schedule 2 to the Supply Act (No. 2) 2022-2023 were increased or decreased in accordance with the table included in the subsection. If an appropriation item exists only because of the principal determination, the increase is from a nil amount.
Item | Entity | Appropriation item | Previous increase/ decrease by the principal determination ($) | Current increase/ decrease by the amendment determination ($) | Total increase/ decrease by the principal determination ($) |
2 | Attorney-General’s Department | Other departmental item (Equity Injections) | 3,267,000.00 | -466,259.00 | 2,800,741.00 |
6 | Department of Home Affairs | Other departmental item (Equity Injections) | -4,921,000.00 | 466,259.00 | -4,454,741.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
Item 3 of Schedule 1 to the amendment determination adds items 7 to 10 at the end of the table in subsection 10(3) of the principal determination.
Subsection 10(3) of the principal determination has effect as if the appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2022-2023 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.
Item | Entity | Appropriation item | Previous increase/ decrease by the principal determination ($) | Current increase/ decrease by the amendment determination ($) | Total increase/ decrease by the principal determination ($) |
7 | Attorney-General’s Department | Departmental item | 0.00 | +2,189,301.00 | +2,189,301.00 |
8 | Department of Home Affairs | Departmental item | 0.00 | -2,189,301.00 | -2,189,301.00 |
9 | Department of the Prime Minister and Cabinet | Departmental item | 0.00 | -1,353,252.00 | -1,353,252.00 |
10 | Australian Public Service Commission | Departmental item | 0.00 | +1,353,252.00 | +1,353,252.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.