Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2023-2024

Administered by Department of Finance

Legislation au F2023L00945 In force Legislative Instrument

Legislation content

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2023-2024

made under section 75 of the

Public Governance, Performance and Accountability Act 2013

Compilation No. 12 

Compilation date: 12 August 2025

Includes amendments: Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 12)

About this compilation

This compilation

This is a compilation of the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2023-2024 that shows the text of the law as amended and in force on 12 August 2025 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

3  Authority

4  Definitions

4A  Modification of Appropriation Acts

5  Modification of Appropriation Act (No. 1) 2023-2024

6  Modification of Appropriation Act (No. 2) 20232024

7  Modification of Appropriation Act (No. 3) 2023-2024

 

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

 

 

 

 

 

1  Name

  This instrument is the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2023-2024.

3  Authority

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

4  Definitions

  In this instrument:

Appropriation Act means:

 (a) the Appropriation Act (No. 1) 2023-2024; or

 (b) the Appropriation Act (No. 2) 2023-2024; or

 (c) the Appropriation Act (No. 3) 2023-2024; or

 (d) the Appropriation Act (No. 4) 2023-2024; or

 (e) the Appropriation Act (No. 5) 2023-2024; or

 (f) the Appropriation Act (No. 6) 2023-2024.

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

4A  Modification of Appropriation Acts

 (1) The Appropriation Acts have effect as if:

 (a) references in the Acts to the Health and Aged Care portfolio were references to the Health, Disability and Ageing portfolio; and

 (b) references in the Acts to the Department of Health and Aged Care were references to the Department of Health, Disability and Ageing; and

 (c) references in the Acts to the Infrastructure, Transport, Regional Development, Communications and the Arts portfolio were references to the Infrastructure, Transport, Regional Development, Communications, Sport and the Arts portfolio; and

 (d) references in the Acts to the Department of Infrastructure, Transport, Regional Development, Communications and the Arts were references to the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts.

 (2) The Appropriation Acts have effect as if:

 (a) items and outcomes for the following entities, included for the AttorneyGeneral’s portfolio, were instead included for the Home Affairs portfolio:

  (i) Australian Criminal Intelligence Commission;

  (ii) Australian Federal Police;

  (iii) Australian Institute of Criminology;

  (iv) Australian Security Intelligence Organisation;

  (v) Australian Transaction Reports and Analysis Centre; and

 (b) items and outcomes for the Australian Financial Security Authority, included for the Attorney-General’s portfolio, were instead included for the Treasury portfolio; and

 (c) items and outcomes for the following entities, included for the Health, Disability and Ageing portfolio, were instead included for the Infrastructure, Transport, Regional Development, Communications, Sport and the Arts portfolio:

  (i) Australian Sports Commission;

  (ii) Sport Integrity Australia; and

 (d) items and outcomes for the Net Zero Economy Authority, included for the Prime Minister and Cabinet portfolio, were instead included for the Industry, Science and Resources portfolio; and

 (e) items and outcomes for the following entities, included for the Social Services portfolio, were instead included for the Health, Disability and Ageing portfolio; 

  (i) National Disability Insurance Agency;

  (ii) NDIS Quality and Safeguards Commission; and

 (f) items and outcomes for Services Australia, included for the Social Services portfolio, were instead included for the Finance portfolio.

5  Modification of Appropriation Act (No. 1) 2023-2024

 (1) This section applies to the Appropriation Act (No. 1) 2023-2024.

 (2) The Act has effect as if Schedule 1 to the Act included:

 (a) a departmental item for the Australian Submarine Agency; and

 (b) the following outcome for that entity:

Outcome 1

To safely and securely acquire, construct, deliver, technically govern, sustain and dispose of Australia’s conventionally-armed nuclear-powered submarine capability for Australia, via the AUKUS partnership

 (2A) The Act has effect as if Schedule 1 to the Act included:

 (a) a departmental item for the Parliamentary Workplace Support Service; and

 (b) an administered item for that entity opposite the following outcome:

Outcome 1

Support Commonwealth parliamentary workplace participants to build and maintain safe and respectful workplaces, including by supporting positive cultural change and providing human resource functions to parliamentarians and their staff

 (2B) The Act has effect as if Schedule 1 to the Act included:

 (a) a departmental item for the Office of the Inspector-General of Aged Care; and

 (b) the following outcome for that entity:

Outcome 1

Provide independent oversight of the aged care system to drive accountability and positive change through reviews, recommendations, and reporting to Parliament

(2C) The Act has effect as if an administered item were included for the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts in Schedule 1 to the Act opposite the following outcome:

Outcome 7

Contribute to healthy, active communities and a sustainable sport system through policy development, coordination and targeted support

(2D) The Act has effect as if Outcome 4 for the Department of Health, Disability and Ageing in Schedule 1 to the Act were omitted and substituted with the following outcome:

Outcome 4

Supporting the independence of people with disability and carers by providing targeted supports

 (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.

 

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease ()
($)

1

Department of Defence

Departmental item

327,334,362.00

2

Australian Submarine Agency

Departmental item

+327,334,362.00

3

North Queensland Water Infrastructure Authority

Departmental item

-588,500.00

4

Department of Climate Change, Energy, the Environment and Water

Departmental item

+520,500.00

5

Department of Finance

Departmental item

-399,939.52

6

Parliamentary Workplace Support Service

Departmental item

+16,619,939.52

7

Digital Transformation Agency

Departmental item

-15,559,872.73

8

Department of Home Affairs

Departmental item

-1,169,756.89

9

Department of Health, Disability and Ageing

Departmental item

-7,301,463.90

10

Office of the Inspector-General of Aged Care

Departmental item

+6,308,000.00

11

Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Departmental item

+2,929,230.31

12

Department of Foreign Affairs and Trade

Departmental item

-27,000.00

13

Australian Taxation Office

Departmental item

-2,558,657.57

14

Attorney-General’s Department

Departmental item

+1,704,629.62

15

Department of the Prime Minister and Cabinet

Departmental item

-8,020,663.00

16

Australian Public Service Commission

Departmental item

+6,825,663.00

17

Department of Finance

Administered item, Outcome 3

-1,674,713.87

18

Parliamentary Workplace Support Service

Administered item, Outcome 1

+1,674,713.87

19

Australian Securities and Investments Commission

Departmental item

+2,724,657.57

20

National Mental Health Commission

Departmental item

-2,006,766.41

21

National Mental Health Commission

Administered item, Outcome 1

-5,187,562.30

22

Department of Health, Disability and Ageing

Administered item, Outcome 1

+5,187,562.30

23

Department of Social Services

Administered item, Outcome 4

-48,143,384.66

24

Department of the Treasury

Administered item, Outcome 1

+48,143,384.66

25

Department of Health, Disability and Ageing

Administered item, Outcome 4 (sport and recreation)

-7,720.00

26

Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Administered item, Outcome 7

+7,720.00

27

Department of Social Services

Administered item, Outcome 3

-27,320,307.64

28

Department of Health, Disability and Ageing

Administered item, Outcome 4 (National Disability Insurance Scheme)

+27,320,307.64

6  Modification of Appropriation Act (No. 2) 2023‑2024

 (1) This section applies to the Appropriation Act (No. 2) 2023-2024.

 (2) The Act has effect as if Schedule 2 to the Act included, for the Australian Submarine Agency an other departmental item.

 (2A) The Act has effect as if Schedule 2 to the Act included, for the Office of the Inspector-General of Aged Care an other departmental item.

 (3) The Act has effect:

 (a) as if appropriation items in Schedule 2 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.

 

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease ()
($)

1

Department of Defence

Other departmental item (Equity Injections)

62,759,000.00

2

Australian Submarine Agency

Other departmental item (Equity Injections)

+62,759,000.00

3

Department of Home Affairs

Other departmental item (Equity Injections)

+7,036,000.00

4

Attorney-General’s Department

Other departmental item (Equity Injections)

-18,536,000.00

5

Department of Health, Disability and Ageing

Other departmental item (Equity Injections)

-3,331,000.00

6

Office of the Inspector-General of Aged Care

Other departmental item (Equity Injections)

+3,331,000.00

7

Australian Federal Police

Other departmental item (Equity Injections)

+11,500,000.00

7  Modification of Appropriation Act (No. 3) 2023-2024

 (1) This section applies to the Appropriation Act (No. 3) 2023-2024.

 (2) The Act has effect as if Schedule 1 to the Act included:

 (a) a departmental item for the Administrative Review Tribunal; and

 (b) the following outcome for that entity:

Outcome 1

Provide correct or preferable decisions through a mechanism of independent review of administrative decisions that is fair and just, quick, informal, accessible and responsive, contributes to improving the quality of government decision-making, and promotes public trust and confidence in the Tribunal

(2A) The Act has effect as if Schedule 1 to the Act included:

  1.     a departmental item for the Net Zero Economy Authority; and
  2.      the following outcome for that entity:

Outcome 1

Facilitate the achievement of Australia’s greenhouse gas emissions targets by empowering communities, regions and workers most affected by Australia’s transition to a net zero emissions economy to anticipate and respond to the risks and opportunities of the transition, including through: facilitating investment, supporting workers, building community engagement and coordinating net zero related policies and programs

(2B) The Act has effect as if an administered item were included for the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts in Schedule 1 to the Act opposite the following outcome:

Outcome 7

Contribute to healthy, active communities and a sustainable sport system through policy development, coordination and targeted support

(2C) The Act has effect as if Outcome 4 for the Department of Health, Disability and Ageing in Schedule 1 to the Act were omitted and substituted with the following outcome:

Outcome 4

Supporting the independence of people with disability and carers by providing targeted supports

 (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.

 

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease ()
($)

1

Administrative Appeals Tribunal

Departmental item

10,275,851.57

2

Administrative Review Tribunal

Departmental item

+10,275,851.57

3

Department of Home Affairs

Departmental item

-138,858.50

4

Attorney-General’s Department

Departmental item

+138,858.50

5

Department of the Prime Minister and Cabinet

Departmental item

-1,989,859.68

6

Net Zero Economy Authority

Departmental item

+1,989,859.68

7

Department of Health, Disability and Ageing

Administered item, Outcome 4 (sport and recreation)

-55,925,243.67

8

Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Administered item, Outcome 7

+55,925,243.67

9

Department of Social Services

Administered item, Outcome 3

-1,964,509.69

10

Department of Health, Disability and Ageing

Administered item, Outcome 4 (National Disability Insurance Scheme)

+1,964,509.69

11

Department of Social Services

Administered item, Outcome 4

-786,000.00

12

Department of the Treasury

Administered item, Outcome 1

+786,000.00

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

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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/subsubparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

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 Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2023-2024

3 July 2023 (F2023L00945)

1 July 2023 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 1)

14 September 2023 (F2023L01238)

28 August 2023 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 2)

3 October 2023 (F2023L01351)

1 October 2023 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 3)

16 October 2023 (F2023L01387)

16 October 2023 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 4)

06 November 2023 (F2023L01467)

07 November 2023 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 5)

04 January 2024 (F2024L00026)

05 January 2024 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 6)

05 March 2024 (F2024L00273)

06 March 2024 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 7)

20 May 2024 (F2024L00556)

23 May 2024 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 8)

10 October 2024 (F2024L01284)

14 October 2024 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 9)

18 November 2024 (F2024L01463)

19 November 2024 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 10)

10 December 2024 (F2024L01628)

11 December 2024 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 11)

30 June 2025 (F2025L00793)

1 July 2025 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 12)

11 August 2025 (F2025L00925)

12 August 2025 (s 2)

Endnote 4—Amendment history

 

Provision affected

How affected

s 2……………………………….

rep LA s 48D

s 4……………………………….

am F2024L01463; am F2025L00793

s 4A…………………………….

ad F2025L00793

s 5……………………………….

am F2023L01238; am F2023L01351; am F2023L01387; am F2023L01467; am F2024L00026; am F2024L00273; am F2024L00556; am F2024L01284; am F2024L01463; am F2025L00793; am F2025L00925

s 6……………………………….

am F2024L00026; am F2024L00273; am F2025L00793

s 7……………………………….

ad F2024L01463; am F2024L01628; am F2025L00793; am F2025L00925

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2023-2024 was enacted to modify the allocation of funding and responsibilities across various government portfolios and departments as outlined in the Appropriation Acts for the fiscal year 2023-2024. This legislative instrument was made under section 75 of the Public Governance, Performance and Accountability Act 2013 by the Parliament of Australia. The primary objective of this determination is to realign funding and administrative responsibilities in response to changes in departmental portfolios and to ensure that the allocation of resources accurately reflects the current organisational structure and priorities of the government. This includes the reclassification of entities under different portfolios and the adjustment of budgetary allocations to match these changes.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2023-2024, made under section 75 of the Public Governance, Performance and Accountability Act 2013, applies to the allocation and modification of funds within the Australian federal government's appropriation acts for the financial year 2023-2024. It modifies the distribution of funds among various government portfolios and entities, including the reallocation of funds related to the Health and Aged Care portfolio to the Health, Disability and Ageing portfolio, and adjustments to departmental items and outcomes for entities like the Australian Criminal Intelligence Commission and the Australian Institute of Criminology. The Determination also includes specific modifications to the Appropriation Acts (No. 1, 2, and 3) 2023-2024, introducing new departmental items for entities such as the Australian Submarine Agency and the Office of the Inspector-General of Aged Care, while adjusting appropriation items for various departments and entities. This Determination operates nationally across Australia, impacting the budgetary allocations and re-alignments within the federal government's financial framework for the specified fiscal year.

Key Provisions

The Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2023-2024 modifies various appropriation acts for the financial year 2023-2024, effectively redistributing funding and responsibilities among government departments and entities. Section 4A modifies references within the appropriation acts to align with changes in portfolio names and departmental structures. For instance, it changes references to the "Health and Aged Care portfolio" to the "Health, Disability and Ageing portfolio" and adjusts the department names accordingly. Additionally, it reallocates funding and outcomes for various entities, such as moving items related to the Australian Criminal Intelligence Commission and Australian Federal Police from the Attorney-General's portfolio to the Home Affairs portfolio. The Act imposes several obligations on the parties and entities it governs. These include ensuring that the reallocations of funding and responsibilities as specified in the determination are accurately reflected in their respective budgets and financial planning documents. Departments must also ensure that their activities align with the new outcomes and objectives set out in the determination. This includes providing necessary reporting and oversight to demonstrate that the reallocated funds are being used effectively and efficiently to achieve the intended outcomes. Breaching the provisions of this determination can have several consequences. Although the specific offences and penalties are not detailed within the text provided, under Australian law, failure to comply with legislative requirements can generally lead to administrative penalties, including fines. In more severe cases, especially if the breach involves fraud or significant mismanagement of funds, criminal charges may be applicable, potentially leading to imprisonment. The exact penalties would depend on the severity and impact of the breach, as well as any specific provisions outlined in related 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.