1 Name
This is the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2016‑2017.
2 Commencement
This instrument commences on 22 September 2016.
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 Supply Act (No. 1) 2016‑2017; or
(b) the Supply Act (No. 2) 2016‑2017; or
(c) the Supply (Parliamentary Departments) Act (No. 1) 2016‑2017; or
(d) the Appropriation Act (No. 1) 2016‑2017; or
(e) the Appropriation Act (No. 2) 2016‑2017; or
(f) the Appropriation (Parliamentary Departments) Act (No. 1) 2016‑2017; or
(g)the Appropriation Act (No. 3) 2016‑2017; or
(h) the Appropriation Act (No. 4) 2016‑2017.
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 Environment Portfolio were references to the Environment and Energy Portfolio; and
(b) references in the Acts to the Department of the Environment were references to the Department of the Environment and Energy; and
(c) references in the Acts to the Digital Transformation Office were references to the Digital Transformation Agency; and
(d) references in the Acts to the Immigration and Border Protection Portfolio were references to the Home Affairs Portfolio; and
(e) references in the Acts to the Department of Immigration and Border Protection were references to the Department of Home Affairs; and
(f) references in the Acts to the Infrastructure and Regional Development Portfolio were references to the Infrastructure, Regional Development and Cities Portfolio; and
(g) references in the Acts to the Department of Infrastructure and Regional Development were references to the Department of Infrastructure, Regional Development and Cities; and
(h) references in the Acts to the Employment Portfolio were references to the Jobs and Small Business Portfolio; and
(i) references in the Acts to the Department of Employment were references to the Department of Jobs and Small Business; and
(j) appropriation items and outcomes for the following entities, included for the Attorney-General’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 Transaction Reports and Analysis Centre
(v) Australian Security Intelligence Organisation; and
(k) appropriation items and outcomes for the following entities, included for the Prime Minister and Cabinet Portfolio, were instead included for the Attorney-General’s Portfolio:
(i) Office of the Commonwealth Ombudsman;
(ii) Office of the Inspector-General of Intelligence and Security
6 Modification of Supply Act (No. 1) 2016‑2017
(1) This section applies to the Supply Act (No. 1) 2016‑2017.
(2) The Act has effect:
(a) as if a departmental item for the following non-corporate entity were included for the Employment Portfolio in Schedule 1 to the Act:
FAIR WORK OMBUDSMAN AND REGISTERED ORGANISATIONS COMMISSION ENTITY
(3) The Act has effect:
(a) as if the following outcome were included for the Department of the Environment and Energy in Schedule 1 to the Act:
Outcome 5
Support the reliable, sustainable and secure operations of energy markets through improving Australia’s energy efficiency, performance and productivity for the community
(b) as if the following outcome were included for the Fair Work Ombudsman and Registered Organisations Commission Entity in Schedule 1 to the Act:
Outcome 1
Compliance with workplace relations legislation by employees and employers through advice, education and where necessary enforcement
(c) 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
(d) 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
(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.
| Increases and decreases in appropriation items |
| Item | Entity | Appropriation item | Increase (+)/
decrease (‑)
($’000) |
| 1 | Department of the Environment and Energy | Administered item, Outcome 5 | +2,548 |
| 2 | Department of Industry, Innovation and Science | Administered item, Outcome 1 | -2,548 |
| 3 | Department of the Environment and Energy | Departmental item | +26,400 |
| 4 | Department of Industry, Innovation and Science | Departmental item | -26,400 |
| 5 | Digital Transformation Agency | Departmental item | +700 |
| 6 | Department of Human Services | Departmental item | -700 |
| 7 | Fair Work Ombudsman and Registered Organisations Commission Entity | Departmental item | +11,197.25911 |
| 8 | Office of the Fair Work Ombudsman | Departmental item | -11,197.25911 |
| 9 | Department of Education and Training | Departmental item | -9,137 |
| 10 | Department of Finance | Departmental item | +1,574 |
| 11 | Department of Employment | Departmental item | +7,563 |
| 12 | Department of Home Affairs | Administered item, Outcome 1 | +405 |
| 13 | Attorney-General’s Department | Administered item, Outcome 1 | -405 |
7 Modification of Appropriation Act (No. 1) 2016‑2017
(1) This section applies to the Appropriation Act (No. 1) 2016‑2017.
(2) The Act has effect:
(a) as if administered and departmental items for the following non-corporate entity were included for the Finance Portfolio in Schedule 1 to the Act:
INDEPENDENT PARLIAMENTARY EXPENSES AUTHORITY
(b) as if a departmental item for the following non-corporate entity were included for the Employment Portfolio in Schedule 1 to the Act:
FAIR WORK OMBUDSMAN AND REGISTERED ORGANISATIONS COMMISSION ENTITY
(c) as if administered and departmental items for the following non-corporate entity were included for the Finance Portfolio in Schedule 1 to the Act:
INDEPENDENT PARLIAMENTARY EXPENSES AUTHORITY
Note: Both paragraphs (a) and (c) add entries for the Independent Parliamentary Expenses Authority. This is because the Authority, originally an executive agency, was re-established as a statutory agency on 1 July 2017.
(3) The Act has effect:
(a) as if the following Outcome were included for the Independent Parliamentary Expenses Authority in Schedule 1 to the Act:
Outcome 1
Support for Parliamentarians and others as required by the Australian Government through the delivery of, and advice on, entitlements and targeted assistance
(b) as if the following outcome were included for the Fair Work Ombudsman and Registered Organisations Commission Entity in Schedule 1 to the Act:
Outcome 1
Compliance with workplace relations legislation by employees and employers through advice, education and where necessary enforcement
(c) as if the following Outcome were included in Schedule 1 to the Act for the Independent Parliamentary Expenses Authority as added by paragraph (2)(c):
Outcome 1
Support for current and former Parliamentarians and others as required by the Australian Government through the delivery of, independent oversight and advice on, work resources and travel resources
(d) 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
(e) 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
(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.
| Increases and decreases in appropriation items |
| Item | Entity | Appropriation item | Increase (+)/
decrease (‑)
($’000) |
| 1 | Digital Transformation Agency | Departmental item | +2,375 |
| 2 | Department of Finance | Departmental item | -4,128 |
| 3 | Department of Employment | Departmental item | +6,037 |
| 4 | Department of Education and Training | Departmental item | -5,253 |
| 5 | Independent Parliamentary Expenses Authority | Departmental item | +170.32035 |
| 6 | Independent Parliamentary Expenses Authority | Administered item, Outcome 1 | +8,724.78621 |
| 7 | Department of Finance | Administered item, Outcome 3 | -9,221 |
| 8 | Fair Work Ombudsman and Registered Organisations Commission Entity | Departmental item | +63,376.06805 |
| 9 | Office of the Fair Work Ombudsman | Departmental item | -61,149.06805 |
| 10 | Fair Work Commission | Departmental item | -2,227 |
| 11 | Independent Parliamentary Expenses Authority | Departmental item | +2,056.67965 |
| 12 | Independent Parliamentary Expenses Authority | Administered item, Outcome 1 | +496.21379 |
| 13 | Department of Home Affairs | Departmental item | +29,255.33078 |
| 14 | Attorney-General’s Department | Departmental item | -18,167.33078 |
| 15 | Department of Infrastructure, Regional Development and Cities | Departmental item | -7,715 |
| 16 | Department of the Prime Minister and Cabinet | Departmental item | -3,192 |
| 17 | Department of Social Services | Departmental item | -615 |
| 18 | Department of Home Affairs | Administered item, Outcome 1 | +511.99077 |
| 19 | Attorney-General’s Department | Administered item, Outcome 1 | -511.99077 |
| 20 | Department of the Treasury | Departmental item | -1,110 |
| 21 | Department of Industry, Innovation and Science | Departmental item | +161 |
| 22 | Office of National Assessments | Departmental item | +430 |
| 23 | Department of Agriculture and Water Resources | Departmental item | -305 |
8 Modification of Appropriation Act (No. 2) 2016‑2017
(1) This section applies to the Appropriation Act (No. 2) 2016‑2017.
(2) The Act has effect:
(a) as if an other departmental item for the following non-corporate entity were included for the Employment Portfolio in Schedule 2 to the Act:
FAIR WORK OMBUDSMAN AND REGISTERED ORGANISATIONS COMMISSION ENTITY
(b) 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 |
(c) 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
(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 | Fair Work Ombudsman and Registered Organisations Commission Entity | Other departmental item (Equity Injections) | +150 |
| 2 | Office of the Fair Work Ombudsman | Other departmental item (Equity Injections) | -150 |
| 3 | Department of Home Affairs | State, ACT, NT and local government item, Outcome 1 | +959.27426 |
| 4 | Attorney-General’s Department | State, ACT, NT and local government item, Outcome 1 | -959.27426 |
| 5 | Department of Home Affairs | Administered assets and liabilities item | +311 |
| 6 | Attorney-General’s Department | Administered assets and liabilities item | -311 |
| 7 | Department of Infrastructure, Regional Development and Cities | Administered assets and liabilities item | +29,167 |
| 8 | Department of Agriculture and Water Resources | Administered assets and liabilities item | -29,167 |
9 Modification of Appropriation Act (No. 3) 2016‑2017
(1) This section applies to the Appropriation Act (No. 3) 2016‑2017.
(2) The Act has effect:
(a) as if a departmental item for the following non-corporate entity were included for the Employment Portfolio in Schedule 1 to the Act:
FAIR WORK OMBUDSMAN AND REGISTERED ORGANISATIONS COMMISSION ENTITY
(b) as if a departmental item for the following non-corporate entity were included for the Defence Portfolio in Schedule 1 to the Act:
AUSTRALIAN SIGNALS DIRECTORATE
(3) The Act has effect:
(a) as if the following outcome were included for the Fair Work Ombudsman and Registered Organisations Commission Entity in Schedule 1 to the Act:
Outcome 1
Compliance with workplace relations legislation by employees and employers through advice, education and where necessary enforcement
(b) 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
(c) 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
(d) as if the following outcome were included for the Australian Signals Directorate in Schedule 1 to the Act:
Outcome 1
Defend Australia from global threats and advance our national interests through the provision of foreign signals intelligence, cyber security and offensive cyber operations, as directed by Government
(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.
| Increases and decreases in appropriation items |
| Item | Entity | Appropriation item | Increase (+)/
decrease (‑)
($’000) |
| 1 | Fair Work Ombudsman and Registered Organisations Commission Entity | Departmental item | +6,181 |
| 2 | Office of the Fair Work Ombudsman | Departmental item | -6,181 |
| 3 | Department of Home Affairs | Administered item, Outcome 1 | +16,220.46946 |
| 4 | Attorney-General’s Department | Administered item, Outcome 1 | -16,220.46946 |
| 5 | Attorney‑General’s Department | Departmental item | -2,037.045 |
| 6 | Australian Signals Directorate | Departmental item | +2,037.045 |
10 Modification of Supply Act (No. 2) 2016‑2017
(1) This section applies to the Supply Act (No. 2) 2016‑2017.
(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 (‑)
($’000) |
| 1 | Department of Home Affairs | Administered assets and liabilities item | +73.67536 |
| 2 | Attorney-General’s Department | Administered assets and liabilities item | -73.67536 |
| 3 | Department of Infrastructure, Regional Development and Cities | Administered assets and liabilities item | +20,833 |
| 4 | Department of Agriculture and Water Resources | Administered assets and liabilities item | -20,833 |
11 Modification of Appropriation Act (No. 4) 2016‑2017
(1) This section applies to the Appropriation Act (No. 4) 2016‑2017.
(1A) The Act has effect:
(a) as if an other departmental item for the following non-corporate entity were included for the Health Portfolio in Schedule 2 to the Act:
AGED CARE QUALITY AND SAFETY COMMISSION
(2) The Act has effect:
(a) as if appropriation items in Schedule 2 to the Act were increased or decreased in accordance with the following table; and
(b) if the table specifies an increase for an appropriation item which is an appropriation item that has effect because of this determination – as if the increase were from a nil amount.
| Increases and decreases in appropriation items |
| Item | Entity | Appropriation item | Increase (+)/
decrease (‑)
($’000) |
| 1 | Department of Home Affairs | Administered assets and liabilities item | +19,338 |
| 2 | Attorney-General’s Department | Administered assets and liabilities item | -19,338 |
| 3 | Aged Care Quality and Safety Commission | Other departmental item (Equity Injections) | +17,737.592 |
| 4 | Australian Aged Care Quality Agency | Other departmental item (Equity Injections) | -17,737.592 |