Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2013-2014

Administered by Department of Finance

Legislation au F2014L01288 Not in force Legislative Instrument

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Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2013‑2014

made under section 75 of the

Public Governance, Performance and Accountability Act 2013

Compilation No. 4

Compilation date:    13 November 2015

Includes amendments up to: Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2013‑2014 (No. 4)

 

About this compilation

This compilation

This is a compilation of the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2013-2014 that shows the text of the law as amended and in force on 13 November 2015 (the compilation date).

This compilation was prepared on 13 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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) 2013‑2014

6  Amendment of Appropriation Acts

7  Amendment of Appropriation Act (No. 2) 2013‑2014

8  Amendment of Appropriation Act (No. 4) 2013‑2014

9  Amendment of Appropriation Act (No. 3) 2013‑2014

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 2013‑2014.

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) 2013‑2014; or

 (b) the Appropriation Act (No. 2) 2013‑2014; or

 (c) the Appropriation (Parliamentary Departments) Act (No. 1) 2013‑2014; or

 (d) the Appropriation Act (No. 3) 2013‑2014; or

 (e) the Appropriation Act (No. 4) 2013‑2014; or

 (f) the Appropriation (Parliamentary Departments) Act (No. 2) 2013‑2014; or

 (g) the Appropriation Act (No. 5) 2013‑2014; or

 (h) the Appropriation Act (No. 6) 2013‑2014.

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

5  Amendment of Appropriation Act (No. 1) 2013‑2014

 (1) The section applies to the Appropriation Act (No. 1) 2013‑2014.

 (2) The Act has effect as if the following outcome were included for the Department of Communications and the Arts in Schedule 1 to the Act:

 

 

Outcome 2

Participation in, and access to, Australia’s arts and culture through developing and supporting cultural expression

 

(3)    The Act has effect:

   (a) as if appropriation items in Schedule 1 to the Act were increased or                                            decreased in accordance with the following table; and             

   (b) 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.

 

Amendments of appropriation items

Item

Agency

Appropriation item

Increase (+)/
decrease(-)
($’000)

1

Department of the Prime Minister and Cabinet

Departmental item

+1,791

2

Department of Finance

Departmental item

-1,791

3

Department of the Treasury

Administered item, Outcome 1

+100

4

Department of Industry and Science

Administered item, Outcome 1

-100

5

Department of Social Services

Departmental item

+12,447

6

Department of Education and Training

Departmental item

-12,447

7

Office of the Commonwealth Ombudsman

Departmental item

+30

8

Private Health Insurance Ombudsman

Departmental item

-30

9

Department of Communications and the Arts

Departmental item

+8,543.964

10

Attorney-General’s Department

Departmental item

-8,543.964

11

Department of Communications and the Arts

Administered item, Outcome 2

+4.52338

12

Attorney-General’s Department

Administered item, Outcome 2

-4.52338

13

Department of Immigration and Border Protection

Departmental item

+188.69357

14

Australian Customs and Border Protection Service

Departmental item

-188.69357

6  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 or the Department of Education 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 were references to the Department of Industry, Innovation and Science Portfolio; and

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

 (d) references in the Acts to the Department of Sustainability, Environment, Water, Population and Communities were references to the Department of the Environment; and

 (e) references in the Acts to the Department of Immigration and Citizenship were references to the Department of Immigration and Border Protection.

7  Amendment of Appropriation Act (No. 2) 2013‑2014  

  The Appropriation Act (No. 2) 2013‑2014 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)

+3,860

2

Department of Industry and Science

Other departmental item (Equity Injections)

-3,860

3

Department of Immigration and Border Protection

Other departmental item (Equity Injections)

+3,315

4

Australian Customs and Border Protection Service

Other departmental item (Equity Injections)

-3,315

8  Amendment of Appropriation Act (No. 4) 2013‑2014  

  The Appropriation Act (No. 4) 2013‑2014 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)

+14,255

2

Department of Industry, Innovation and Science

Other departmental item (Equity Injections)

-15,708

3

Department of the Environment

Other departmental item (Equity Injections)

+1,453

9  Amendment of Appropriation Act (No. 3) 2013‑2014  

  The Appropriation Act (No. 3) 2013‑2014 has effect as if Schedule 1 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 Communications and the Arts

Departmental item

+153

2

Attorney-General’s Department

Departmental item

-153

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 2013‑2014

26 Sept 2014 (F2014L01288)

27 Sept 2014 (s 2)

 

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2013‑2014 (No. 1)

30 Jan 2015 (F2015L00092)

1 Feb 2015 (s 2)

—

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2013-2014 (No. 2)

30 Mar 2015 (F2015L00361)

31 Mar 2015 (s 2)

—

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2013-2014 (No. 3)

5 Nov 2015 (F2015L01761)

5 Nov 2015 (s 2)

—

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2013-2014 (No. 4)

13 Nov 2015 (F2015L01794)

13 Nov 2015 (s 2)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

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

rep LIA s 48D

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

am F2015L00092; F2015L00361; F2015L01761; rs F2015L01794

s 6.....................

ad F2015L00092; rs F2015L01761; ad F2015L01794

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

ad F2015L00361; F2015L01794

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

ad F2015L00361; rs F2015L01761

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

ad F2015L01761

 

 

Overview

The Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2013-2014 was enacted to provide for the transfer of appropriations between various Commonwealth agencies and departments as specified in the Public Governance, Performance and Accountability Act 2013. This legislative instrument was made under section 75 of the Act, which allows for the reallocation of funds to ensure efficient and effective governance and accountability within the federal government. The determination addresses the need to adjust appropriations in response to changes in departmental responsibilities, mergers, and shifts in policy priorities. The determination specifies increases and decreases in appropriations for various agencies and departments, ensuring that the financial resources are aligned with the operational needs and strategic objectives of the government. This legislative instrument was enacted by the Parliament of Australia to provide flexibility in the management of public funds and to ensure that appropriations reflect the current administrative and policy landscape.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2013-2014, made under section 75 of the Public Governance, Performance and Accountability Act 2013, applies to the amendment of various Appropriation Acts, which pertain to the financial appropriations for federal government agencies for the specified fiscal year. The Determination affects numerous government agencies, including the Department of the Prime Minister and Cabinet, the Department of Finance, and the Department of the Treasury, among others, by altering specific appropriation items within their budgets. The jurisdictional reach of this Determination is federal, impacting the financial allocations across multiple Commonwealth agencies. The Determination also includes provisions for the re-naming of certain departments within the Appropriation Acts to reflect changes in departmental names and responsibilities. It is important to note that this Determination does not explicitly state any exclusions or exemptions and operates as a legislative instrument that amends the specified Appropriation Acts to reflect the intended changes in budgetary allocations and departmental references.

Key Provisions

The Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2013-2014, under section 75 of the Public Governance, Performance and Accountability Act 2013, makes several amendments to various Appropriation Acts. These amendments involve adjustments to appropriation items for specific departments and agencies, and the retitling of certain departments and agencies within the acts. Specifically, Section 5 amends the Appropriation Act (No. 1) 2013-2014 by altering the appropriation items for various departments, including the Department of the Prime Minister and Cabinet, Department of Finance, Department of the Treasury, Department of Industry and Science, Department of Social Services, Department of Education and Training, Office of the Commonwealth Ombudsman, Private Health Insurance Ombudsman, Department of Communications and the Arts, Attorney-General’s Department, Department of Immigration and Border Protection, and Australian Customs and Border Protection Service. Section 6 broadly amends the Appropriation Acts to update references to reflect changes in departmental names, such as the Department of Education and Training, Department of Industry, Innovation and Science, Department of Communications and the Arts, Department of the Environment, and Department of Immigration and Border Protection. The Act imposes certain obligations on the relevant departments and agencies, primarily concerning the adjustment of their budget allocations as specified in the various sections. These obligations include ensuring that the changes to appropriation items are accurately reflected in their budgetary reporting and compliance with the updated references to department names throughout the Appropriation Acts. While the determination does not explicitly state penalties for non-compliance, failure to adhere to these budgetary adjustments and naming conventions could potentially lead to issues in financial accountability and governance, which are core aspects of the Public Governance, Performance and Accountability Act 2013. The determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, given the nature of the Public Governance, Performance and Accountability Act 2013, any significant deviation from the mandated budgetary adjustments and departmental naming conventions could result in scrutiny and potential repercussions under the broader legislative framework. This could include administrative actions or inquiries into the mismanagement of public funds and non-compliance with legislative requirements. The exact consequences would depend on the extent and impact of any non-compliance, as well as the specific provisions of the overarching act.

Legal classification tags

Area of Law
Public Administration Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Amendment of Appropriation Acts

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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.