Federal Register of Legislation - Australian Government

Primary content

Determinations/Financial (Other) as made
This determination amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2019-2020, to adjust amounts appropriated in the 2019-2020 Appropriation Acts to support functions transferred within the Department of Employment, Skills, Small and Family Business, as a result of amendments to the Administrative Arrangements Order on 29 May 2019.
Administered by: Finance
Registered 28 Jun 2019
Tabling HistoryDate
Tabled HR02-Jul-2019
Tabled Senate02-Jul-2019
Date of repeal 02 Jul 2019
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

EXPLANATORY STATEMENT

Public Governance, Performance and Accountability Act 2013

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

Purpose of the determination

The amendment determination modifies the 2019‑2020 Supply Acts to adjust amounts appropriated to non-corporate Commonwealth entities in response to the Administrative Arrangements Order (AAO) made on 29 May 2019.  The determination modifies the Appropriation Acts to support functions transferred within the Department of Employment, Skills, Small and Family Business in relation to the small business support functions.

The amendment determination is made under section 75 of the PGPA Act to amend the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2019‑2020 (the Determination).

The amendment determination results in no change to the total amount appropriated by Parliament.

Commencement

The amendment determination commences on 1 July 2019.

Authority for the determination

Section 75 of the PGPA Act enables the Finance Minister to determine that one or more Schedules to one or more Appropriation Acts are modified in a specified way in relation to the transfer of a function from one non-corporate Commonwealth entity to another.

Under section 107 of the PGPA Act, the Finance Minister has delegated the power to make determinations under section 75 to the Secretary of the Department of Finance. Under section 109 of the PGPA Act, the Secretary has, in turn, sub‑delegated this power to certain officials within the Department of Finance, including the official who made the determination.

The amendment determination amends the Determination, which is a legislative instrument for the purposes of section 8 of the Legislation Act 2003.

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is not required for the amendment determination. 

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires a Statement of Compatibility with Human Rights for all legislative instruments subject to disallowance under section 42 of the Legislation Act 2003. A determination, including an amendment determination, under section 75 of the PGPA Act is exempt from disallowance under subsection 75(7) of the PGPA Act. As such, a Statement of Compatibility with Human Rights is not required.

Consultation

Consistent with Chapter 3, Part 1 of the Legislation Act 2003, the affected entities were consulted in the preparation of the amendment determination.


 

Summary of Modifications                   

1.       Item 1 of the amendment determination repeals and substitutes items 13 and 14 in the table in the subsection 6(4) of the Determination. The items affect relevant appropriation items in Schedule 1 to the Supply Act (No. 1) 2019‑2020 in the following way:

Item

Entity

Appropriation item

Amount previously transferred by the Determination ($)

Amount transferred by the amendment determination

($)

Amended amount transferred by the Determination ($)

13

Department of Employment, Skills, Small and Family Business

Administered item – Outcome 1

+4,537,917.00

-249,917.00

+4,288,000.00

14

Department of Employment, Skills, Small and Family Business

Administered item – Outcome 2

+320,976,416.00

+249,917.00

+321,226,333.00

Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.