Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2014‑2015
made under section 75 of the
Public Governance, Performance and Accountability Act 2013
Compilation No. 7
Compilation date: 1 December 2016
Includes amendments up to: Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014‑2015 (No. 7)
About this compilation
This compilation
This is a compilation of the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2014-2015 that shows the text of the law as amended and in force on 1 December 2016 (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.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1—Preliminary 1
1 Name........................................................................................................................................ 1
3 Authority.................................................................................................................................. 1
4 Definitions................................................................................................................................ 1
4A Amendment of Appropriation Acts........................................................................................ 1
5 Amendment of Appropriation Act (No. 1) 2014‑2015............................................................. 2
6 Amendment of Appropriation Act (No. 2) 2014‑2015............................................................. 4
7 Amendment of Appropriation Act (No. 3) 2014-2015............................................................. 5
8 Amendment of Appropriation Act (No. 4) 2014-2015............................................................. 6
9 Amendment of Appropriation Act (No. 5) 2014-2015............................................................. 6
Endnotes 8
Endnote 1—About the endnotes 8
Endnote 2—Abbreviation key 9
Endnote 3—Legislation history 10
Endnote 4—Amendment history 11
Part 1—Preliminary
1 Name
This is the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2014‑2015.
3 Authority
This instrument is made under section 75 of the Public Governance, Performance and Accountability Act 2013.
4 Definitions
Agency means an Agency within the meaning of an Appropriation Act.
Appropriation Act means:
(a) the Appropriation Act (No. 1) 2014‑2015; or
(b) the Appropriation Act (No. 2) 2014‑2015; or
(c) the Appropriation (Parliamentary Departments) Act (No. 1) 2014‑2015; or
(d) the Appropriation Act (No. 3) 2014‑2015; or
(e) the Appropriation Act (No. 4) 2014‑2015; or
(f) the Appropriation (Parliamentary Departments) Act (No. 2) 2014‑2015; or
(g) the Appropriation Act (No. 5) 2014‑2015; or
(h) the Appropriation Act (No. 6) 2014‑2015.
appropriation item means an item within the meaning of an Appropriation Act.
4A Amendment of Appropriation Acts
The Appropriation Acts have effect as if:
(a) references in the Acts to the Department of Education were references to the Department of Education and Training; and
(b) references in the Acts to the Education Portfolio were references to the Education and Training Portfolio; and
(c) references in the Acts to the Department of Industry or the Department of Industry and Science were references to the Department of Industry, Innovation and Science; and
(d) references in the Acts to the Industry Portfolio or the Industry and Science Portfolio were references to the Industry, Innovation and Science Portfolio; and
(e) references in the Acts to the Department of Agriculture were references to the Department of Agriculture and Water Resources; and
(f) references in the Acts to the Agriculture Portfolio were references to the Agriculture and Water Resources Portfolio; and
(g) references in the Acts to the Department of Communications were references to the Department of Communications and the Arts; and
(h) references in the Acts to the Communications Portfolio were references to the Communications and the Arts Portfolio.
5 Amendment of Appropriation Act (No. 1) 2014‑2015
(1) The section applies to the Appropriation Act (No. 1) 2014‑2015.
(3) The Act has effect as follows:
(a) as if Outcome 3 for the Department of Education and Training in Schedule 1 to the Act were replaced with the following outcome:
| | Promote growth in economic productivity and social wellbeing through access to quality higher education, international education and international quality research, skills and training |
(b) 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 |
| | |
(c) 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 |
(d) 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 |
(4) 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 Social Services | Administered item, Outcome 2 | +181,719 |
| 2 | Department of Education and Training | Administered item, Outcome 1 | -181,719 |
| 3 | Department of Education and Training | Administered item, Outcome 3 | +556,127 |
| 4 | Department of the Treasury | Administered item, Outcome 1 | +6,856 |
| 5 | Department of Industry and Science | Administered item, Outcome 1 | -562,983 |
| 6 | Australian Securities and Investments Commission | Departmental item | +634 |
| 7 | Department of the Treasury | Departmental item | -260 |
| 8 | Department of Education and Training | Departmental item | +22,506 |
| 9 | Department of Social Services | Departmental item | -23,393.53857 |
| 10 | Department of Industry, Innovation and Science | Departmental item | -34,063 |
| 11 | Department of Agriculture and Water Resources | Administered item, Outcome 3 | +25,851.81757 |
| 12 | Department of the Environment | Administered item, Outcome 4 | -25,851.81757 |
| 13 | Department of Agriculture and Water Resources | Departmental item | +4,614 |
| 14 | Department of the Environment | Departmental item | -4,714 |
| 15 | Office of the Commonwealth Ombudsman | Departmental item | +614 |
| 16 | Private Health Insurance Ombudsman | Departmental item | -614 |
| 17 | Department of Communications and the Arts | Departmental item | +756 |
| 18 | Attorney-General’s Department | Departmental item | -756 |
| 19 | Administrative Appeals Tribunal | Departmental item | +29,754.98457 |
| 20 | Migration Review Tribunal and Refugee Review Tribunal | Departmental item | -20,855.446 |
| 21 | Department of Health | Departmental item | +34,787 |
| 22 | Department of Human Services | Departmental item | -8,814 |
| 23 | Department of Infrastructure and Regional Development | Departmental item | -296 |
| 24 | Department of Health | Administered item, Outcome 11 | +174,341.62054 |
| 25 | Department of Social Services | Administered item, Outcome 3 | -174,341.62054 |
| 26 | Department of Immigration and Border Protection | Departmental item | +43,047.51663 |
| 27 | Australian Customs and Border Protection Service | Departmental item | -43,047.51663 |
| 28 | Department of Communications and the Arts | Administered item, Outcome 2 | +5,397.82953 |
| 29 | Attorney-General’s Department | Administered item, Outcome 2 | -5,397.82953 |
| 30 | Department of the Prime Minister and Cabinet | Departmental item | +100 |
6 Amendment of Appropriation Act (No. 2) 2014‑2015
(1) The section applies to the Appropriation Act (No. 2) 2014‑2015.
(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.
| Amendments of appropriation items |
| Item | Agency | Appropriation item | Increase (+)/
decrease(-)
($’000) |
| 1 | Australian Securities and Investments Commission | Other departmental item (Equity Injections) | +2,613 |
| 2 | Department of the Treasury | Other departmental item (Equity Injections) | -2,613 |
| 3 | Department of Agriculture and Water Resources | State, ACT, NT and local government item, Outcome 3 | +5,500 |
| 4 | Department of the Environment | State, ACT, NT and local government item, Outcome 4 | -5,500 |
| 5 | Department of Agriculture and Water Resources | Administered assets and liabilities item | +37,780.32955 |
| 6 | Department of the Environment | Administered assets and liabilities item | -37,780.32955 |
| 7 | Department of Immigration and Border Protection | Other departmental item (Equity Injections) | +12,911.82389 |
| 8 | Australian Customs and Border Protection Service | Other departmental item (Equity Injections) | -12,911.82389 |
(4) The Act has effect as follows:
(a) in Schedule 1, repeal:
| Department of the Environment | 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 | Minister for the Environment | Minister for the Environment |
substitute:
| Department of Agriculture and Water Resources | 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 | Minister for Agriculture and Water Resources | Minister for Agriculture and Water Resources |
(b) as if the following outcome for the Department of Agriculture and Water Resources were included 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 |
7 Amendment of Appropriation Act (No. 3) 2014-2015
(1) The section applies to the Appropriation Act (No. 3) 2014-2015.
(2) The Act has effect:
(a) as if appropriation items in Schedule 1 to that 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.
| Amendment of appropriation items |
| Item | Agency | Appropriation item | Increase (+)/
decrease (-)
($’000) |
| 1 | Office of the Commonwealth Ombudsman | Departmental item | +97 |
| 2 | Private Health Insurance Ombudsman | Departmental item | -97 |
| 3 | Administrative Appeals Tribunal | Departmental item | +23,429 |
| 4 | Migration Review Tribunal and Refugee Review Tribunal | Departmental item | -23,429 |
| 5 | Department of Immigration and Border Protection | Departmental item | +63,802.67648 |
| 6 | Australian Customs and Border Protection Service | Departmental item | -63,802.67648 |
8 Amendment of Appropriation Act (No. 4) 2014-2015
(1) The section applies to the Appropriation Act (No. 4) 2014-2015.
(2) The Act has effect:
(a) as if appropriation items in Schedule 2 to that Act were increased or decreased in accordance with the following table; and
(b) if the table specifies an increase for an appropriation item which is an appropriation item that has effect because of this determination - as if the increase were from a nil amount.
| Amendments of appropriation items |
| Item | Agency | Appropriation item | Increase (+)/
decrease (-)
($’000) |
| 1 | Department of Immigration and Border Protection | Other departmental item (Equity Injections) | +16,074 |
| 2 | Australian Customs and Border Protection Service | Other departmental item (Equity Injections) | -16,074 |
9 Amendment of Appropriation Act (No. 5) 2014-2015
(1) The section applies to the Appropriation Act (No. 5) 2014-2015.
(2) The Act has effect 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 |
(3) The Act has effect:
(a) as if appropriation items in Schedule 1 to that 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 Health | Administered item, Outcome 11 | +46,689 |
| 2 | Department of Social Services | Administered item, Outcome 3 | -46,689 |
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 | Registration | Commencement | Application, saving and transitional provisions |
| Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2014‑2015 | 30 Jan 2015 (F2015L00091) | 1 Feb 2015 (s 2) | |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014‑2015 (No. 1) | 30 Mar 2015 (F2015L00360) | 31 Mar 2015 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014‑2015 (No. 2) | 30 Oct 2015 (F2015L01731) | 1 Nov 2015 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014‑2015 (No. 3) | 5 Nov 2015 (F2015L01758) | 5 Nov 2015 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014‑2015 (No. 4) | 11 Nov 2015 (F2015L01781) | 11 Nov 2015 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014‑2015 (No. 5) | 13 Nov 2015 (F2015L01795) | 13 Nov 2015 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014‑2015 (No. 6) | 30 Mar 2016 (F2016L00461) | 1 Apr 2016 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014‑2015 (No. 7) | 1 Dec 2016 (F2016L01853) | 1 Dec 2016 (s 2) | — |
| | | | |
Endnote 4—Amendment history
| Provision affected | How affected | |
| s 2........................................ | rep LIA s 48D |
| s 4........................................ | ad F2015L01758 |
| s 4A..................................... | ad F2015L01758 |
| s 5........................................ | am F2015L00360; F2015L01731; F2015L01758; F2015L01781; F2015L01795; F2016L00461; rs F2016L01853 |
| s 6........................................ | am F2015L01731; F2015L01758; ad F2015L01795 |
| s 7........................................ | ad F2015L01758; F2015L01781; ad F2015L01795 |
| s 8........................................ | ad F2015L01795 |
| s 9........................................ | ad F2015L01795 |