Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015‑2016
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 2015‑2016 (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.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
1 Name
This is the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015‑2016.
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) 2015‑2016; or
(b) the Appropriation Act (No. 2) 2015‑2016; or
(c) the Appropriation (Parliamentary Departments) Act (No. 1) 2015‑2016; or
(d) the Appropriation Act (No. 3) 2015‑2016; or
(e) the Appropriation Act (No. 4) 2015‑2016.
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:
(a) references in the Acts to the Agriculture Portfolio were references to the Agriculture and Water Resources Portfolio; and
(b) references in the Acts to the Department of Agriculture were references to the Department of Agriculture and Water Resources; and
(c) references in the Acts to the Communications Portfolio were references to the Communications and the Arts Portfolio; and
(d) references in the Acts to the Department of Communications were references to the Department of Communications and the Arts; and
(e) references in the Acts to the Industry and Science Portfolio were references to the Industry, Innovation and Science Portfolio; and
(f) references in the Acts to the Department of Industry and Science were references to the Department of Industry, Innovation and Science; and
(g) references in the Acts to the Environment Portfolio were references to the Environment and Energy Portfolio; and
(h) references in the Acts to the Department of the Environment were references to the Department of the Environment and Energy; and
(i) references in the Acts to the Immigration and Border Protection Portfolio were references to the Home Affairs Portfolio; and
(j) 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) 2015‑2016.
(2) The Act has effect as follows:
(a) 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
(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 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
(d) 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
(e) 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
(f) 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
(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 (‑)
($’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) 2015‑2016.
(2) The Act has effect as follows:
(a) 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
(b) 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.
(c) 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.
(d) 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
(e) 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 |
(f) 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
(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 (‑)
($’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) 2015‑2016.
(1A) The Act has effect as follows:
(a) 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
(b) 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
(2)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 (‑)
($’000) |
| 1 | Department of the Prime Minister and Cabinet | Departmental item | +1,498 |
| 2 | Department of the Environment | Departmental item | -1,498 |
| 3 | Federal Court of Australia | Departmental item | +1,118 |
| 4 | Family Court and Federal Circuit Court | Departmental item | -1,118 |
| 5 | Department of Home Affairs | Administered item, Outcome 1 | +215.4372 |
| 6 | Attorney-General’s Department | Administered item, Outcome 1 | -215.4372 |
9 Modification of Appropriation Act (No. 4) 2015‑2016
(1) This section applies to the Appropriation Act (No. 4) 2015‑2016.
(2) The Act has effect:
(a) as if appropriation items in Schedule 2 to the Act were increased or decreased in accordance with the following table; and
(b) if the table specifies an increase for an appropriation item which is an appropriation item that has effect because of this determination – as if the increase were from a nil amount.
| Increases and decreases in appropriation items |
| Item | Entity | Appropriation item | Increase (+)/
decrease (‑)
($’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 | /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 2015‑2016 | 30 Oct 2015 (F2015L01730) | 1 Nov 2015 (s 2) | |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 1) | 5 Nov 2015 (F2015L01759) | 5 Nov 2015 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 2) | 11 Nov 2015 (F2015L01780) | 11 Nov 2015 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 3) | 13 Nov 2015 (F2015L01793) | 13 Nov 2015 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 4) | 19 Jan 2016 (F2016L00056) | 20 Jan 2016 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 5) | 30 Mar 2016 (F2016L00454) | 1 Apr 2016 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 6) | 1 Dec 2016 (F2016L01852) | 1 Dec 2016 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 7) | 29 June 2017 (F2017L00801) | 30 June 2017 (s 2) | — |
| Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015‑2016 (No. 8) | 22 June 2018 (F2018L00822) | 23 June 2018 (s 2) | — |
Endnote 4—Amendment history