Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2012-2013

Administered by Department of Finance

Legislation au F2014L01290 Not in force Legislative Instrument

Legislation content

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2012‑2013

made under section 75 of the

Public Governance, Performance and Accountability Act 2013

Compilation No. 3

Compilation date:    11 November 2015

Includes amendments up to: Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012‑2013 (No. 3)

 

About this compilation

This compilation

This is a compilation of the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2012-2013 that shows the text of the law as amended and in force on 11 November 2015 (the compilation date).

This compilation was prepared on 11 November 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1  Name 

3  Authority

4  Definitions

5  Amendment of Appropriation Act (No. 1) 2012‑2013

6  Amendment of Appropriation Act (No. 2) 2012‑2013

7  Amendment of Appropriation Acts

8  Amendment of Appropriation Act (No. 4) 2012‑2013

9  Amendment of Appropriation Act (No. 3) 2012‑2013

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This is the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2012‑2013.

3  Authority

  This instrument is made under section 75 of the Public Governance, Performance and Accountability Act 2013.

4  Definitions

  In this instrument:

Agency means:

 (a) an Agency within the meaning of an Appropriation Act; or

 (b) a Parliamentary Department within the meaning of an Appropriation Act.

Appropriation Act means:

 (a) the Appropriation Act (No. 1) 2012‑2013; or

 (b) the Appropriation Act (No. 2) 2012‑2013; or

 (c) the Appropriation (Parliamentary Departments) Act (No. 1) 2012‑2013; or

 (d) the Appropriation Act (No. 3) 2012‑2013; or

 (e) the Appropriation Act (No. 4) 2012‑2013; or

 (f) the Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 1) 2012‑2013.

 appropriation item means an item within the meaning in an Appropriation Act.

5  Amendment of Appropriation Act (No. 1) 2012‑2013

  The Appropriation Act (No. 1) 2012‑2013 has effect as if Schedule 1 to that Act were amended by increasing or decreasing relevant appropriation items in accordance with the following table:

 

Amendments of appropriation items

Item

Agency

Appropriation item

Increase (+)/
decrease(‑)
($’000)

1

Department of the Prime Minister and Cabinet

Departmental item

+31,099

2

Attorney‑General’s Department

Departmental item

‑825

3

Department of Communications

Departmental item

‑456

4

Department of Social Services

Departmental item

‑28,553

5

Department of the Environment

Departmental item

‑1,265

6

Department of Education and Training

Administered item, Outcome 3

+6,043

7

Department of Industry and Science

Administered item, Outcome 3

‑6,043

6  Amendment of Appropriation Act (No. 2) 2012‑2013

  The Appropriation Act (No. 2) 2012‑2013 has effect as if Schedule 2 to that Act were amended by increasing or decreasing relevant appropriation items in accordance with the following table:

 

Amendment of appropriation items

Item

Agency

Appropriation item

Increase (+)/
decrease(‑)
($’000)

1

Department of Social Services

Other departmental item (Equity Injection)

+15,743

2

Department of Health

Other departmental item (Equity Injection)

‑15,743

7  Amendment of Appropriation Acts

  The Appropriation Acts have effect as if:

 (a) references in the Acts to the Department of Education, Employment and Workplace Relations were references to the Department of Education and Training; and

  (b) references in the Acts to the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education or the Department of Industry, Innovation, Science, Research and Tertiary Education were references to the Department of Industry, Innovation and Science; and

 (c) references in the Acts to the Department of Broadband, Communications and the Digital Economy were references to the Department of Communication and the Arts.

8  Amendment of Appropriation Act (No. 4) 2012‑2013

  The Appropriation Act (No. 4) 2012‑2013 has effect as if Schedule 2 to that Act were amended by increasing or decreasing relevant appropriation items in accordance with the following table:

 

Amendment of appropriation items

Item

Agency

Appropriation item

Increase (+)/
decrease(‑)
($’000)

1

Department of Education and Training

Other departmental item (Equity Injections)

+2,855

2

Department of Industry and Science

Other departmental item (Equity Injections)

‑2,855

9  Amendment of Appropriation Act (No. 3) 2012‑2013

  1.   This section applies to the Appropriation Act (No. 3) 2012‑2013.
  2.   The Act has effect as if a departmental item for the Department of the Prime Minister and Cabinet were included in Schedule 1 to the Act.
  3.   The Act has effect:
    1.     as if appropriation items in Schedule 1 to the Act were increased or decreased in accordance with the following table; and
    2.     if the table specifies an increase for an appropriation item which is an appropriation item that has effect because of this determination – as if the increase were from a nil amount.

 

Amendment of appropriation items

Item

Agency

Appropriation item

Increase (+)/
decrease (-)
($’000)

1

Department of Industry, Innovation and Science

Departmental item

+540

2

Department of Communications and the Arts

Departmental item

-1,134

3

Department of the Prime Minister and Cabinet

Departmental item

+594

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.

Endnote 2—Abbreviation key

 

A = Act

orig = original

ad = added or inserted

par = paragraph(s)/subparagraph(s)

am = amended

    /sub‑subparagraph(s)

amdt = amendment

pres = present

c = clause(s)

prev = previous

C[x] = Compilation No. x

(prev…) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

    effect

rs = repealed and substituted

F = Federal Register of Legislative Instruments

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LI = Legislative Instrument

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment

SR = Statutory Rules

mod = modified/modification

Sub‑Ch = Sub‑Chapter(s)

No. = Number(s)

SubPt = Subpart(s)

o = order(s)

underlining = whole or part not

Ord = Ordinance

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2012‑2013

26 Sept 2014 (F2014L01290)

27 Sept 2014 (s 2)

 

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012‑2013 (No. 1)

30 Mar 2015 (F2015L00363)

31 Mar 2015 (s 2)

—

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012‑2013 (No. 2)

5 Nov 2015 (F2015L01760)

5 Nov 2015 (s2)

—

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2012‑2013 (No. 3)

11 Nov 2015 (F2015L01782)

11 Nov 2015 (s2)

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LIA s 48D

s 5.....................

am F2015L00363

s 7.....................

ad F2015L00363; rs F2015L01760

s 8.....................

ad F2015L00363

s 9.....................

ad F2015L01760; ad F2015L01782

 

 

Overview

The Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2012-2013 was enacted to address the reallocation of budgetary appropriations for government agencies as mandated by section 75 of the Public Governance, Performance and Accountability Act 2013. This Act was introduced to ensure effective governance, performance, and accountability within the Australian government by enabling the transfer of appropriations between agencies, thereby aligning resource allocation with policy priorities and operational needs. The determination is a legislative instrument made under the authority of the Parliament of Australia, with the specific objective of adjusting the financial allocations of various government departments and agencies as stipulated in the Appropriation Acts for the financial years 2012-2013. This legislative instrument facilitates the reallocation of funds to meet changing government priorities and to ensure efficient use of public resources.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2012-2013 applies to the appropriation acts listed within the determination, namely, the Appropriation Act (No. 1) 2012-2013, the Appropriation Act (No. 2) 2012-2013, the Appropriation (Parliamentary Departments) Act (No. 1) 2012-2013, the Appropriation Act (No. 3) 2012-2013, the Appropriation Act (No. 4) 2012-2013, and the Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 1) 2012-2013. The determination primarily affects the appropriation items of various departments and agencies listed within the Commonwealth of Australia. The amendments involve adjustments to the appropriation amounts for specific departments and the renaming of certain departments in the appropriation acts. The determination is made under section 75 of the Public Governance, Performance and Accountability Act 2013 and is applicable nationally, affecting the budget allocations of the specified departments within the Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds within the determination itself; however, the amendments to appropriation acts may be further defined through subordinate instruments or regulations.

Key Provisions

The Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2012-2013 amends various appropriation acts to adjust budget allocations for specific government agencies. The determination affects the Appropriation Act (No. 1) 2012-2013, Appropriation Act (No. 2) 2012-2013, Appropriation Acts, Appropriation Act (No. 4) 2012-2013, and Appropriation Act (No. 3) 2012-2013 by altering the amounts allocated to departments and agencies within these acts. For example, under the Appropriation Act (No. 1) 2012-2013, the Department of the Prime Minister and Cabinet sees an increase in its departmental item by $31,099,000, while the Attorney-General's Department sees a decrease by $825,000. Similarly, the Appropriation Act (No. 2) 2012-2013 adjusts the Department of Social Services and the Department of Health's equity injection items by $15,743,000 each, in opposite directions. The obligations imposed by the determination require relevant departments and agencies to adjust their budgetary allocations in accordance with the amendments specified. This includes ensuring that their spending aligns with the new figures as set out in the amended appropriation acts. Additionally, the determination mandates that references to certain departments be updated across the various appropriation acts, such as renaming the Department of Education, Employment and Workplace Relations to the Department of Education and Training. In terms of penalties and consequences, the determination itself does not explicitly outline specific penalties for non-compliance with the budgetary adjustments. However, non-compliance with appropriation acts generally can lead to financial mismanagement, which may have broader implications under the Public Governance, Performance and Accountability Act 2013. The act provides for various civil and criminal penalties for breaches of public sector governance and accountability, including fines and imprisonment, depending on the severity of the breach. The maximum penalties can vary significantly based on the specific nature of the breach, but they are intended to enforce compliance with public sector financial management standards.

Legal classification tags

Area of Law
Budget & Appropriations Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Amendment of Appropriation Act
Regulatory Standards

Interactions

Authorises

All Versions

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.