Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015-2016

Administered by Department of Finance

Legislation au F2015L01730 Not in force Legislative Instrument

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Public Governance, Performance and Accountability (Section 75 Transfers) Determination 20152016

made under section 75 of the

Public Governance, Performance and Accountability Act 2013

Compilation No. 8

Compilation date:    23 June 2018

Includes amendments up to: Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20152016 (No. 8)

 

About this compilation

This compilation

This is a compilation of the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015-2016 that shows the text of the law as amended and in force on 23 June 2018 (the compilation date).

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 the Legislation Register (www.legislation.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 the Legislation Register 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 the Legislation Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

2  Commencement

3  Authority

4  Definitions

5  Modification of Appropriation Acts

6  Modification of Appropriation Act (No. 1) 20152016

7  Modification of Appropriation Act (No. 2) 2015-2016

8  Modification of Appropriation Act (No. 3) 20152016

9  Modification of Appropriation Act (No. 4) 20152016

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 20152016.

2  Commencement

  This instrument commences on 1 November 2015.

3  Authority

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

4  Definitions

Appropriation Act means:

 (a) the Appropriation Act (No. 1) 20152016; or

 (b) the Appropriation Act (No. 2) 20152016; or

 (c) the Appropriation (Parliamentary Departments) Act (No. 1) 20152016; or

 (d) the Appropriation Act (No. 3) 20152016; or

 (e) the Appropriation Act (No. 4) 20152016.

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

entity means a non-corporate entity within the meaning of an Appropriation Act.

5  Modification of Appropriation Acts

The Appropriation Acts have effect as if:

  1.     references in the Acts to the Agriculture Portfolio were references to the Agriculture and Water Resources Portfolio; and
  2.     references in the Acts to the Department of Agriculture were references to the Department of Agriculture and Water Resources; and
  3.     references in the Acts to the Communications Portfolio were references to the Communications and the Arts Portfolio; and
  4.     references in the Acts to the Department of Communications were references to the Department of Communications and the Arts; and
  5.     references in the Acts to the Industry and Science Portfolio were references to the Industry, Innovation and Science Portfolio; and
  6.      references in the Acts to the Department of Industry and Science were references to the Department of Industry, Innovation and Science; and
  7.     references in the Acts to the Environment Portfolio were references to the Environment and Energy Portfolio; and
  8.     references in the Acts to the Department of the Environment were references to the Department of the Environment and Energy; and
  9.      references in the Acts to the Immigration and Border Protection Portfolio were references to the Home Affairs Portfolio; and
  10.      references in the Acts to the Department of Immigration and Border Protection were references to the Department of Home Affairs.

6  Modification of Appropriation Act (No. 1) 2015‑2016

  1.   This section applies to the Appropriation Act (No. 1) 20152016.
  2.   The Act has effect as follows:
    1.     as if Outcome 1 for the Department of Education and Training in Schedule 1 to the Act were replaced with the following outcome:

Improved early learning, schooling, student educational outcomes and transitions to and from school through access to quality child care, support, parent engagement, quality teaching and learning environments

  1.     as if the following Outcome were included for the Department of Agriculture and Water Resources in Schedule 1 to the Act:

Outcome 3

Improve the health of rivers and freshwater ecosystems and water use efficiency through implementing water reforms, and ensuring enhanced sustainability, efficiency and productivity in the management and use of water resources

  1.     as if the following Outcome were included for the Department of Health in Schedule 1 to the Act:

Outcome 11

Improved wellbeing for older Australians through targeted support, access to quality care and related information services

  1.     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

  1.     as if Outcome 1 for the Department of Home Affairs in Schedule 1 to the Act were replaced with the following outcome:

Outcome 1
Protect Australia’s sovereignty, security and safety through its national security, emergency management system, law enforcement, and managing its border, including managing the stay and departure of all non-citizens

  1.      as if Outcome 2 for the Department of Home Affairs in Schedule 1 to the Act were replaced with the following outcome:

Outcome 2
Support a prosperous and inclusive society, and advance Australia’s economic interests through the effective management of the visa, multicultural and citizenship programs and provision of refugee and humanitarian assistance

 (2A) The Act has effect as if corporate entity items for corporate entities as follows were included for the Communications and the Arts Portfolio in Schedule 1 to the Act:

Australia Council

Australian Film, Television and Radio School

Australian National Maritime Museum

National Film and Sound Archive of Australia

National Gallery of Australia

National Library of Australia

National Museum of Australia

National Portrait Gallery of Australia

Screen Australia

  1.   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.

 

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease ()
($’000)

1

Department of Agriculture and Water Resources

Administered item, Outcome 3

+315,885

2

Department of the Environment

Administered item, Outcome 4

-315,885

3

Department of Agriculture and Water Resources

Departmental item

+16,620

4

Department of the Environment

Departmental item

-11,932

5

Department of Health

Administered item, Outcome 11

+1,507,863.25378

6

Department of Social Services

Administered item, Outcome 3

-1,507,863.25378

7

Department of Education and Training

Administered item, Outcome 1

+303,735

8

Department of Social Services

Administered item, Outcome 2

-303,735

9

Department of Health

Departmental item

+133,001

10

Department of Education and Training

Departmental item

+37,427

11

Department of Social Services

Departmental item

-143,801

12

Department of Human Services

Departmental item

-34,104

13

Department of Communications and the Arts

Administered item, Outcome 2

+122,753.1853

14

Attorney-General’s Department

Administered item, Outcome 2

-122,753.1853

15

Department of Communications and the Arts

Corporate entity item, Australia Council

+49,526

16

Attorney-General’s Department

Corporate entity item, Australia Council

-49,526

17

Department of Communications and the Arts

Corporate entity item, Australian Film, Television and Radio School

+14,033.834

18

Attorney-General’s Department

Corporate entity item, Australian Film, Television and Radio School

-14,033.834

19

Department of Communications and the Arts

Corporate entity item, Australian National Maritime Museum

+7,330

20

Attorney-General’s Department

Corporate entity item, Australian National Maritime Museum

-7,330

21

Department of Communications and the Arts

Corporate entity item, National Film and Sound Archive

+13,895

22

Attorney-General’s Department

Corporate entity item, National Film and Sound Archive

-13,895

23

Department of Communications and the Arts

Corporate entity item, National Library of Australia

+29,300

24

Attorney-General’s Department

Corporate entity item, National Library of Australia

-29,300

25

Department of Communications and the Arts

Corporate entity item, National Museum of Australia

+18,301

26

Attorney-General’s Department

Corporate entity item, National Museum of Australia

-18,301

27

Department of Communications and the Arts

Corporate entity item, National Portrait Gallery of Australia

+5,505

28

Attorney-General’s Department

Corporate entity item, National Portrait Gallery of Australia

-5,505

29

Department of Communications and the Arts

Corporate entity item, Screen Australia

+6,002

30

Attorney-General’s Department

Corporate entity item, Screen Australia

-6,002

31

Department of the Environment

Administered item, Outcome 2

+182,180

32

Department of Industry, Innovation and Science

Administered item, Outcome 1

-179,988

33

Department of Communications and the Arts

Administered item, Outcome 1

-2,192

34

Department of Industry, Innovation and Science

Departmental item

+578

35

Department of Communications and the Arts

Departmental item

+13,938.323

36

Attorney-General’s Department

Departmental item

-18,997.323

37

Department of the Treasury

Departmental item

-1,000

38

Department of the Prime Minister and Cabinet

Departmental item

+2,929

39

Department of Finance

Departmental item

+2,331

40

Digital Transformation Office

Departmental item

+514

41

Department of Infrastructure and Regional Development

Departmental item

-1,813

42

Federal Court of Australia

Departmental item

+10,611.44196

43

Family Court and Federal Circuit Court

Departmental item

-10,611.44196

44

Department of Employment

Departmental item

+4,309

45

Department of Home Affairs

Administered item, Outcome 1

911.45508

46

Attorney-General’s Department

Administered item, Outcome 1

-911.45508

7  Modification of Appropriation Act (No. 2) 2015-2016

  1.   This section applies to the Appropriation Act (No. 2) 20152016.
  2.  The Act has effect as follows:
    1.     as if the Outcome in Column 2 in Schedule 1 and Outcome 1 in Schedule 2 to the Act for the Department of Education and Training were replaced with the following outcome:

Improved early learning, schooling, student educational outcomes and transitions to and from school through access to quality child care, support, parent engagement, quality teaching and learning environments

  1.     as if references in Column 1 in Schedule 1 to the Department of the Environment were references to the Department of Agriculture and Water Resources.
  2.     as if references in Column 3 and Column 4 in Schedule 1 to the Minister for the Environment were references to the Minister for Agriculture and Water Resources.
  3.     as if the following Outcome were included for the Department of Agriculture and Water Resources in Schedule 2 to the Act:

Outcome 3

Improve the health of rivers and freshwater ecosystems and water use efficiency through implementing water reforms, and ensuring enhanced sustainability, efficiency and productivity in the management and use of water resources

  1.     as if the following table item were included in the table in Schedule 1 to the Act:

 

Department of Home Affairs

Protect Australia’s sovereignty, security and safety through its national security, emergency management system, law enforcement, and managing its border, including managing the stay and departure of all non-citizens

Minister for Home Affairs

Minister for Home Affairs

 

  1.      as if a State, ACT, NT and local government item for the Department of Home Affairs were included in Schedule 2 to the Act opposite the following outcome:

Outcome 1
Protect Australia’s sovereignty, security and safety through its national security, emergency management system, law enforcement, and managing its border, including managing the stay and departure of all non-citizens

 (2A) The Act has effect as if corporate entity items for corporate entities as follows were included for the Communications and the Arts Portfolio in Schedule 2 to the Act:

Australian National Maritime Museum

National Film and Sound Archive of Australia

National Gallery of Australia

National Library of Australia

National Museum of Australia

National Portrait Gallery of Australia

  1.  The Act has effect:
    1.     as if appropriation items in Schedule 2 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.

 

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease ()
($’000)

1

Department of Agriculture and Water Resources

State, ACT, NT and local government item, Outcome 3

+2,100

2

Department of the Environment

State, ACT, NT and local government item, Outcome 4

-2,100

3

Department of Agriculture and Water Resources

Administered assets and liabilities item

+61,745.68375

4

Department of the Environment

Administered assets and liabilities item

-61,745.68375

5

Department of Communications and the Arts

Corporate entity item, Australian National Maritime Museum

+396.915

6

Attorney-General’s Department

Corporate entity item, Australian National Maritime Museum

-396.915

7

Department of Communications and the Arts

Corporate entity item, National Library of Australia

+5,649

8

Attorney-General’s Department

Corporate entity item, National Library of Australia

-5,649

9

Department of Education and Training

Other departmental item (Equity Injections)

+3,248

10

Department of Health

Other departmental item (Equity Injections)

+12,256

11

Department of Social Services

Other departmental item (Equity Injections)

-15,504

12

Department of the Environment and Energy

Other departmental item (Equity Injections)

+8,150

13

Department of Industry, Innovation and Science

Other departmental item (Equity Injections)

-8,150

14

Department of Home Affairs

State, ACT, NT and local government item, Outcome 1

409.817

15

Attorney-General’s Department

State, ACT, NT and local government item, Outcome 1

-409.817

 

8  Modification of Appropriation Act (No. 3) 2015‑2016

  1.   This section applies to the Appropriation Act (No. 3) 20152016.

 (1A) The Act has effect as follows:

  1.     as if Outcome 1 for the Department of Home Affairs in Schedule 1 to the Act were replaced with the following outcome:

Outcome 1
Protect Australia’s sovereignty, security and safety through its national security, emergency management system, law enforcement, and managing its border, including managing the stay and departure of all non-citizens

  1.     as if Outcome 2 for the Department of Home Affairs in Schedule 1 to the Act were replaced with the following outcome:

Outcome 2
Support a prosperous and inclusive society, and advance Australia’s economic interests through the effective management of the visa, multicultural and citizenship programs and provision of refugee and humanitarian assistance

  1. 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.

 

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease ()
($’000)

1

Department of the Prime Minister and Cabinet

Departmental item

+1,498

2

Department of the Environment

Departmental item

-1,498

3

Federal Court of Australia

Departmental item

+1,118

4

Family Court and Federal Circuit Court

Departmental item

-1,118

5

Department of Home Affairs

Administered item, Outcome 1

+215.4372

6

Attorney-General’s Department

Administered item, Outcome 1

-215.4372

 

9  Modification of Appropriation Act (No. 4) 2015‑2016

  1.   This section applies to the Appropriation Act (No. 4) 20152016.
  2.  The Act has effect:
    1.     as if appropriation items in Schedule 2 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.

 

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease ()
($’000)

1

Department of Home Affairs

Administered assets and liabilities item

+985

2

Attorney-General’s Department

Administered assets and liabilities item

-985

 

 

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

    /subsubparagraph(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

SubCh = SubChapter(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

Registration

Commencement

Application, saving and transitional provisions

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 20152016

30 Oct 2015 (F2015L01730)

1 Nov 2015 (s 2)

 

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20152016 (No. 1)

5 Nov 2015 (F2015L01759)

5 Nov 2015 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20152016 (No. 2)

11 Nov 2015 (F2015L01780)

11 Nov 2015 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20152016 (No. 3)

13 Nov 2015 (F2015L01793)

13 Nov 2015 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20152016 (No. 4)

19 Jan 2016 (F2016L00056)

20 Jan 2016 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20152016 (No. 5)

30 Mar 2016 (F2016L00454)

1 Apr 2016 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20152016 (No. 6)

1 Dec 2016 (F2016L01852)

1 Dec 2016 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20152016 (No. 7)

29 June 2017 (F2017L00801)

30 June 2017 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20152016 (No. 8)

22 June 2018 (F2018L00822)

23 June 2018 (s 2)

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

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

rep LIA s 48D

s 4.....................

ad F201600454

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

ad F2015L01759; rs F2016L01852; ad F2018L00822

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

am F2015L01759; am F2015L01780; am F2015L01793; am F2016L00056; ad F2016L01852; am F2017L00801; ad F2018L00822

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

ad F2015L01759; ad F2015L01793; ad F2016L01852; ad F2018L00822

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

ad F201600454; ad F2016L01852; ad F2018L00822

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

ad F2018L00822

 

 

Overview

The Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015-2016 was enacted under section 75 of the Public Governance, Performance and Accountability Act 2013 by the Parliament of Australia. This legislation was introduced to address the need for modifications in appropriation references within the various appropriation acts to reflect the renaming and restructuring of certain government portfolios and departments. The primary objective of this determination is to ensure that the appropriation acts accurately reflect these changes, thereby maintaining the alignment of budgetary allocations with the current organisational structures of the government. This is achieved by substituting specific references in the appropriation acts to align them with the new names and structures of government portfolios and departments.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015-2016 is a legislative instrument made under section 75 of the Public Governance, Performance and Accountability Act 2013. This instrument commenced on 1 November 2015 and modifies the Appropriation Acts of 2015-2016 to reflect the renaming and restructuring of several government portfolios and departments. Specifically, the instrument modifies references in the Appropriation Acts to update names of portfolios and departments, such as changing references to the "Agriculture Portfolio" to "Agriculture and Water Resources Portfolio." It also includes adjustments to appropriation items for various departments, ensuring that budget allocations align with the new portfolio and departmental structures. The changes are applicable to the Appropriation Act (No. 1) 2015-2016, Appropriation Act (No. 2) 2015-2016, Appropriation Act (No. 3) 2015-2016, and Appropriation Act (No. 4) 2015-2016, thereby affecting the budgetary allocations and outcomes for the specified entities.

Key Provisions

The Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015-2016 modifies several appropriation acts to reflect changes in portfolio names and departmental outcomes. Specifically, it adjusts references within the appropriation acts to update portfolio names such as Agriculture to Agriculture and Water Resources, and departmental names like the Department of Agriculture to the Department of Agriculture and Water Resources. The determination also modifies outcomes for certain departments and includes new outcomes for others, such as adding an outcome for the Department of Agriculture and Water Resources to improve the health of rivers and freshwater ecosystems. Additionally, the determination introduces new corporate entity items for the Communications and the Arts Portfolio and adjusts appropriation amounts for various departments and entities. The obligations imposed by this determination require departments and entities to align their budgetary references and outcomes with those specified in the determination. This includes updating their documentation, reporting, and budget allocations to reflect the changes in portfolio and departmental names, as well as the new outcomes and appropriation items outlined in the determination. Breach of the provisions in this determination could lead to non-compliance with budgetary and reporting requirements, potentially resulting in financial discrepancies or misallocations. While the determination itself does not explicitly outline penalties for non-compliance, breaches of related appropriation acts or budgetary processes may incur civil or criminal penalties under other legislation. Such penalties could include fines or other sanctions as stipulated in the relevant appropriation acts or public sector management legislation.

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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.