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Determinations/Financial (Other) as amended, taking into account amendments up to Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018-2019 (No. 9)
Administered by: Finance
Registered 23 Oct 2019
Start Date 19 Oct 2019
Table of contents.

Commonwealth Coat of Arms of Australia

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2018‑2019

made under section 75 of the

Public Governance, Performance and Accountability Act 2013

Compilation No. 9

Compilation date:                              19 October 2019

Includes amendments up to:            Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018‑2019 (No. 9)

 

About this compilation

This compilation

This is a compilation of the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2018-2019 that shows the text of the law as amended and in force on 19 October 2019 (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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Modification of Appropriation Acts.............................................................................. 1

6............ Modification of Appropriation Act (No. 1) 2018‑2019................................................. 3

Endnotes                                                                                                                                                                 5

Endnote 1—About the endnotes                                                                                                        5

Endnote 2—Abbreviation key                                                                                                            6

Endnote 3—Legislation history                                                                                                         7

Endnote 4—Amendment history                                                                                                       9

 


1  Name

                   This is the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2018‑2019.

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) 2018‑2019; or

(b)    the Appropriation Act (No. 2) 2018‑2019; or

(c)  the Appropriation Act (No. 3) 2018‑2019; or

(d)    the Appropriation Act (No. 4) 2018‑2019.

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

(1)   The Appropriation Acts have effect as if:

(a)    references in the Schedules to the Acts to the Agriculture and Water Resources Portfolio were references to the Agriculture Portfolio; and

(b)   references in the Schedules to the Acts to the Department of Agriculture and Water Resources were references to the Department of Agriculture; and

(c)    references in the Schedules to the Acts to the Education and Training Portfolio were references to the Education Portfolio; and

(d)   references in the Schedules to the Acts to the Department of Education and Training were references to the Department of Education; and

(e)    references in the Schedules to the Acts to the Department of Human Services were references to Services Australia; and

(f)    references in the Schedules to the Acts to:

                                                             (i)      the Jobs and Innovation Portfolio; or

                                                           (ii)      the Jobs and Small Business Portfolio;

were references to the Employment, Skills, Small and Family Business Portfolio; and

(g)    references in the Schedules to the Acts to the Department of Jobs and Small Business were references to the Department of Employment, Skills, Small and Family Business; and

(h)   references in the Schedules to the Acts to the Infrastructure, Regional Development and Cities Portfolio were references to the Infrastructure, Transport, Cities and Regional Development Portfolio; and 

(i)     references in the Schedules to the Acts to the Department of Infrastructure, Regional Development and Cities were references to the Department of Infrastructure, Transport, Cities and Regional Development.

(2)   Assuming that the substitutions described in subsection (1) have happened, the Appropriation Acts have effect as if:

(a)    items and outcomes for the Australian Skills Quality Authority, included for the Education Portfolio, were instead included for the Employment, Skills, Small and Family Business Portfolio; and

(b)   items and outcomes for the Digital Transformation Agency, included for the Prime Minister and Cabinet Portfolio, were instead included for the Social Services Portfolio; and

(c)    items and outcomes for Services Australia, included for the Human Services Portfolio, were instead included for the Social Services Portfolio; and

(d)   items and outcomes for the following entities, included for the Employment, Skills, Small and Family Business Portfolio, were instead included for an Industry, Innovation and Science Portfolio:

                                                             (i)      Department of Industry, Innovation and Science;

                                                           (ii)      Australian Institute of Marine Science;

                                                         (iii)      Australian Nuclear Science and Technology Organisation;

                                                         (iv)      Commonwealth Scientific and Industrial Research Organisation;

                                                           (v)      Northern Australia Infrastructure Facility;

                                                         (vi)      Geoscience Australia;

                                                       (vii)      IP Australia; and

(e)    items and outcomes for the following entities, included for the Employment, Skills, Small and Family Business Portfolio, were instead included for the Attorney-General’s Portfolio:

                                                             (i)      Asbestos Safety and Eradication Agency;

                                                           (ii)      Australian Building and Construction Commission;

                                                         (iii)      Fair Work Commission;

                                                         (iv)      Fair Work Ombudsman and Registered Organisations Commission Entity;

                                                           (v)      Safe Work Australia;

                                                         (vi)      Comcare; and

(f)    items and outcomes for the Australian Security Intelligence Organisation, included for the Attorney-General’s Portfolio, were instead included for the Home Affairs Portfolio; and

(g)    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 Services.

6  Modification of Appropriation Act (No. 1) 2018‑2019

(1)   This section applies to the Appropriation Act (No. 1) 2018‑2019.

(1A) For the purposes of this section, assume that the substitutions described in section 5 have happened.

(2) The Act has effect:

(a)    as if a departmental item for the following non-corporate entity were included for the Health Portfolio in Schedule 1 to the Act:

AGED CARE QUALITY AND SAFETY COMMISSION

(3)   The Act has effect:

(a)    as if the following outcome were included for the Aged Care Quality and Safety Commission in Schedule 1 to the Act:

Outcome 1
Protect and enhance the safety, health, wellbeing and quality of life of aged care consumers, including through effective engagement with them, regulation and education of Commonwealth-funded aged care service providers and resolution of aged care complaints

(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 the provision of refugee and humanitarian assistance and settlement and migrant 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.

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease (‑)
($’000)

1

Attorney-General’s Department

Departmental item

-2,204.579

2

Department of the Prime Minister and Cabinet

Departmental item

-1,237

3

Department of Home Affairs

Departmental item

+4,153.0776

4

Aged Care Quality and Safety Commission

Departmental item

+31,954

5

Australian Aged Care Quality Agency

Departmental item

-20,155

6

Department of Health

Departmental item

-50,954

7

Department of Social Services

Departmental item

+39,155

8

Department of Social Services

Administered Item, Outcome 2

-126

9

Department of the Prime Minister and Cabinet

Administered Item, Outcome 1

+126

10

Department of Education

Departmental item

-15,460.65763

11

Department of Employment, Skills, Small and Family Business

Departmental item

+14,749.15903

12

Department of Education

Administered item, Outcome 2

-32,720.24824

13

Department of Home Affairs

Administered item, Outcome 2

+32,720.24824

 


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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

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 abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2018‑2019

13 November 2018 (F2018L01569)

14 November 2018 (s 2)

 

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018‑2019 (No. 1)

21 December 2018 (F2018L01820)

1 January 2019 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018‑2019 (No. 2)

22 January 2019 (F2019L00054)

23 January 2019 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018‑2019 (No. 3)

15 March 2019 (F2019L00309)

16 March 2019 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018‑2019 (No. 4)

11 April 2019 (F2019L00606)

12 April 2019 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018‑2019 (No. 5)

17 May 2019 (F2019L00683)

18 May 2019 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018‑2019 (No. 6)

04 June 2019 (F2019L00723)

05 June 2019 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018‑2019 (No. 7)

04 July 2019 (F2019L00963)

05 July 2019 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018-2019 (No. 8)

12 July 2019 (F2019L00979)

30 June 2019 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018‑2019 (No. 9)

18 October 2019 (F2019L01334)

19 October 2019 (s 2)

Endnote 4—Amendment history

 

Provision affected

How affected

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

rep LA s 48D

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

rs F2018L01820

 

am F2019L00054; F2019L00309; F2019L00606; F2019L00683; F2019L00723; F2019L00963; F2019L00979; F2019L01334