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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 2019-2020 (No. 2)
Administered by: Finance
Registered 03 Dec 2019
Start Date 30 Nov 2019
Table of contents.

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2019‑2020

made under section 75 of the

Public Governance, Performance and Accountability Act 2013

Compilation No. 2

Compilation date:                              30 November 2019

Includes amendments up to:            Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019‑2020 (No. 2)

 

About this compilation

This compilation

This is a compilation of the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2019-2020 that shows the text of the law as amended and in force on 30 November 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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

2  Commencement........................................................................................................................ 1

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

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

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

6  Modification of Supply Act (No. 1) 2019-2020........................................................................ 2

7  Modification of Supply Act (No. 2) 2019-2020........................................................................ 6

8  Modification of Appropriation Act (No. 1) 2019‑2020............................................................ 7

Endnotes                                                                                                                        8

Endnote 1—About the endnotes                                                                              8

Endnote 2—Abbreviation key                                                                                 9

Endnote 3—Legislation history                                                                            10

Endnote 4—Amendment history                                                                           11

 


1  Name

                   This is the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2019‑2020.

2  Commencement

                   This instrument commenced on 1 July 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 Supply Act (No. 1) 2019‑2020; or

(b)    the Supply Act (No. 2) 2019‑2020; or

(c)  the Appropriation Act (No. 1) 2019‑2020; or

(d)    the Appropriation Act (No. 2) 2019‑2020.

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 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 following entity, included for the Education Portfolio, were instead included for the Employment, Skills, Small and Family Business Portfolio:

(i)              Australian Skills Quality Authority; and

(b)   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

(c)    items and outcomes for the following entity, included for the Prime Minister and Cabinet Portfolio, were instead included for the Social Services Portfolio:

(i)              Digital Transformation Agency.

6  Modification of Supply Act (No. 1) 2019-2020

(1)   This section applies to the Supply Act (No. 1) 2019-2020.

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

(3)   The Act has effect as follows:

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

 

NATIONAL INDIGENOUS AUSTRALIANS AGENCY

(b)   as if an administered item were included for the National Indigenous Australians Agency:

                                                             (i)      in the part of Schedule 1 to the Act dealing with the Prime Minister and Cabinet Portfolio; and

                                                           (ii)      opposite the following outcome:

Outcome 1

Improve results for Indigenous Australians including in relation to school attendance, employment and community safety, through delivering services and programmes, and through measures that recognise the special place that Indigenous people hold in this Nation

(c)    as if an administered item were included for the Attorney-General’s Department in Schedule 1 to the Act opposite the following outcome:

Outcome 2

Facilitate jobs growth through policies and programs that promote fair, productive and safe workplaces

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

(e)    as if Outcome 1 and Outcome 2 for the Department of Employment, Skills, Small and Family Business in Schedule 1 to the Act were replaced with the following outcomes:

Outcome 1

Foster a productive and competitive labour market through policies and programs that assist job seekers into work, meet employer needs and facilitate the growth of small and family businesses

Outcome 2

Promote growth in economic productivity and social wellbeing through access to quality skills and training

(f)    as if Outcome 2 for the Department of Education in Schedule 1 to the Act were replaced with the following outcome:

Outcome 2

Promote growth in economic productivity and social wellbeing through access to quality higher education, international education, and international quality research

(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 (‑)
($)

1

Attorney-General’s Department

Departmental item

+22,910,966.00

2

Department of the Prime Minister and Cabinet

Departmental item

-67,669,000.00

3

Department of Home Affairs

Departmental item

+10,349,809.50

4

Department of Education

Departmental item

-51,721,000.00

5

Department of Employment, Skills, Small and Family Business

Departmental item

+25,748,034.00

6

National Indigenous Australians Agency

Departmental item

+67,669,000.00

7

Department of Social Services

Departmental item

-7,287,809.50

8

Attorney-General’s Department

Administered item, Outcome 2

+10,604,000.00

9

Department of the Prime Minister and Cabinet

Administered item, Outcome 2

-528,857,000.00

10

Department of Home Affairs

Administered item, Outcome 2

+199,546,000.00

11

Department of Education

Administered item, Outcome 1

-208,333.00

12

Department of Education

Administered item, Outcome 2

-451,605,000.00

13

Department of Employment, Skills, Small and Family Business

Administered item, Outcome 1

+4,288,000.00

14

Department of Employment, Skills, Small and Family Business

Administered item, Outcome 2

+321,226,333.00

15

National Indigenous Australians Agency

Administered item, Outcome 1

+528,857,000.00

16

Department of Social Services

Administered item, Outcome 2

-83,851,000.00

17

Department of Employment, Skills, Small and Family Business

Corporate entity item, Comcare

-2,496,000.00

18

Attorney-General’s Department

Corporate entity item, Comcare

+2,496,000.00

 


 

7  Modification of Supply Act (No. 2) 2019-2020

(1)   This section applies to the Supply Act (No. 2) 2019-2020.

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

(3)   The Act has effect as follows:

(a)    as if the following row were included in the table in Schedule 1 to the Act:

 

National Indigenous Australians Agency

Improve results for Indigenous Australians including in relation to school attendance, employment and community safety, through delivering services and programmes, and through measures that recognise the special place that Indigenous people hold in this Nation

Minister for Indigenous Australians

Minister for Indigenous Australians

(b)   as if an other departmental item (Equity Injections) for the following non‑corporate entity were included for the Prime Minister and Cabinet Portfolio in Schedule 2 to the Act:

NATIONAL INDIGENOUS AUSTRALIANS AGENCY

(c)     as if a State, ACT, NT and local government item were included for the National Indigenous Australians Agency:

                                                             (i)      in the part of Schedule 2 to the Act dealing with the Prime Minister and Cabinet Portfolio; and

                                                           (ii)      opposite the following outcome:

Outcome 1

Improve results for Indigenous Australians including in relation to school attendance, employment and community safety, through delivering services and programmes, and through measures that recognise the special place that Indigenous people hold in this Nation

(4)   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

National Indigenous Australians Agency

Other departmental item (Equity Injections)

+791,000.00

2

National Indigenous Australians Agency

State, ACT, NT and local government item, Outcome 1

+1,992,000.00

3

Department of the Prime Minister and Cabinet

Other departmental item (Equity Injections)

-791,000.00

4

Department of the Prime Minister and Cabinet

State, ACT, NT and local government item, Outcome 2

-1,992,000.00

 

8  Modification of Appropriation Act (No. 1) 2019‑2020

(1)   This section applies to the Appropriation Act (No. 1) 2019‑2020.

(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 (‑)
($)

1

Department of Infrastructure, Transport, Cities and Regional Development

Administered item, Outcome 3

-53,108,000.00

2

Department of Health

Administered item, Outcome 3

+53,108,000.00

 


 

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                                                            

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

FRLI registration

Commencement

Application, saving and transitional provisions

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2019‑2020

27 June 2019 (F2019L00899)

1 July 2019 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019‑2020 (No. 1)

1 July 2019 (F2019L00936)

1 July 2019 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2019‑2020 (No. 2)

29 November 2019 (F2019L01540)

30 November 2019 (s 2)

 

 

 

 

Endnote 4—Amendment history


 

Provision affected

How affected

 

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

rep LIA s 48D

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

rs F2019L00936

s 8........................................

am F2019L01540