1 Name
This is the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2017‑2018.
2 Commencement
This instrument commences on 23 January 2018.
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) 2017‑2018; or
(b) the Appropriation Act (No. 2) 2017‑2018; or
(c) the Appropriation Act (No. 3) 2017‑2018; or
(d) the Appropriation Act (No. 4) 2017‑2018; or
(e) the Appropriation Act (No. 5) 2017‑2018; or
(f) the Appropriation Act (No. 6) 2017‑2018.
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 Acts to the Immigration and Border Protection Portfolio were references to the Home Affairs Portfolio; and
(b) references in the Acts to the Department of Immigration and Border Protection were references to the Department of Home Affairs; and
(c) references in the Acts to the Agriculture and Water Resources Portfolio were references to the Agriculture Portfolio; and
(d) references in the Acts to the Department of Agriculture and Water Resources were references to the Department of Agriculture; and
(e) references in the Acts to the Environment and Energy Portfolio were references to the Agriculture, Water and the Environment Portfolio; and
(f) references in the Acts to the Department of the Environment and Energy were references to the Department of Agriculture, Water and the Environment; and
(g) references in the Acts to the Industry, Innovation and Science or Jobs and Innovation Portfolios were references to the Industry, Science, Energy and Resources Portfolio; and
(h) references in the Acts to the Department of Industry, Innovation and Science were references to the Department of Industry, Science, Energy and Resources; and
(i) references in the Acts to the Employment or to the Jobs and Small Business Portfolios were references to the Employment, Skills, Small and Family Business Portfolio; and
(j) references in the Acts to the Department of Employment or to the Department of Jobs and Small Business were references to the Department of Employment, Skills, Small and Family Business; and
(k) references in the Acts to the Infrastructure and Regional Development or to the Infrastructure, Regional Development and Cities Portfolios were references to the Infrastructure, Transport, Regional Development and Communications Portfolio; and
(l) references in the Acts to the Department of the Infrastructure and Regional Development or to the Department of Infrastructure, Regional Development and Cities were references to the Department of Infrastructure, Transport, Regional Development and Communications; and
(m) references in the Acts to the Department of Human Services were references to Services Australia; and
(n) appropriation items and outcomes for Services Australia, included for the Human Services Portfolio, were instead included for the Social Services Portfolio; and
(o) 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
(p) 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; and
(q) items and outcomes for the Workplace Gender Equality Agency, included for the Education and Training Portfolio, were instead included for the Prime Minister and Cabinet Portfolio; and
(r) items and outcomes for the Infrastructure and Project Financing Agency, included for the Prime Minister and Cabinet Portfolio, were instead included for the Infrastructure, Transport, Regional Development and Communications Portfolio; and
(s) corporate entity items and outcomes for the Australian Institute for Aboriginal and Torres Strait Islander Studies, included in the Jobs and Innovation Portfolio, were instead included for the Prime Minister and Cabinet Portfolio.
6 Modification of Appropriation Act (No. 1) 2017‑2018
(1) This section applies to the Appropriation Act (No. 1) 2017‑2018.
(2) 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 the provision of refugee and humanitarian assistance and settlement and migrant services
(c) 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
(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
(e) 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
(f) 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
(g) as if a departmental item for the following non-corporate entity were included for the Social Services Portfolio in Schedule 1 to the Act:
NDIS QUALITY AND SAFEGUARDS COMMISSION
(h) as if the following outcome were included for the NDIS Quality and Safeguards Commission in Schedule 1 to the Act:
Outcome 1
Promote the delivery of quality supports and services to people with disability under the NDIS and other prescribed supports and services, including through nationally consistent and responsive regulation, policy development, advice and education
(i) 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
(j) 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
(k) as if Outcome 2, Outcome 3 and Outcome 4 for the Department of Agriculture, Water and the Environment in Schedule 1 to the Act were replaced with the following outcomes:
Outcome 2
Advance Australia's strategic, scientific, environmental and economic interests in the Antarctic region by protecting, administering and researching the region
Outcome 3
More sustainable, productive, internationally competitive and profitable Australian agricultural, food and fibre industries through policies and initiatives that promote better resource management practices, innovation, self-reliance and improved access to international markets
Outcome 4
Safeguard Australia's animal and plant health status to maintain overseas markets and protect the economy and environment from the impact of exotic pests and diseases, through risk assessment, inspection and certification, and the implementation of emergency response arrangements for Australian agricultural, food and fibre industries
(l) as if an administered item were included for the Department of Agriculture, Water and the Environment in Schedule 1 to the Act opposite the following outcome:
Outcome 5
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
(m) as if a departmental item for the following non-corporate entity were included for the Social Services Portfolio in Schedule 1 to the Act:
SERVICES AUSTRALIA
(n) as if an administered item were included for Services Australia:
(i) in the part of Schedule 1 to the Act dealing with the Social Services Portfolio; and
(ii) opposite the following outcome:
Outcome 1
Support individuals, families and communities to achieve greater self-sufficiency; through the delivery of advice and high quality accessible social, health and child support services and other payments; and support providers and businesses through convenient and efficient service delivery
(o) as if an administered item were included for the Department of Infrastructure, Transport, Regional Development and Communications in Schedule 1 to the Act opposite the following outcome:
Outcome 5
Promote an innovative and competitive communications sector, through policy development, advice and program delivery, so all Australians can realise the full potential of digital technologies and communications services
(p) as if an administered item were included for the Department of Infrastructure, Transport, Regional Development and Communications in Schedule 1 to the Act opposite the following outcome:
Outcome 6
Participation in, and access to, Australia's arts and culture through developing and supporting cultural expression
(q) as if an administered item were included for the Department of Industry, Science, Energy and Resources in Schedule 1 to the Act opposite the following outcome:
Outcome 2
Reduce Australia’s greenhouse gas emissions, contribute to effective global action on climate change, and support technological innovation in clean and renewable energy, through developing and implementing a national response to climate change
(r) as if an administered item were included for the Department of Industry, Science, Energy and Resources in Schedule 1 to the Act opposite the following outcome:
Outcome 4
Facilitating the growth of small and family business
(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 Home Affairs | Departmental item | +60,648.435 |
| 2 | Attorney-General’s Department | Departmental item | -40,520.987 |
| 3 | Department of Infrastructure, Regional Development and Cities | Departmental item | -16,478 |
| 4 | Department of the Prime Minister and Cabinet | Departmental item | -10,980 |
| 5 | Department of Social Services | Departmental item | +3,531.5382 |
| 6 | Digital Transformation Agency | Departmental item | +714 |
| 7 | Department of Finance | Departmental item | -205 |
| 8 | Department of Home Affairs | Administered item, Outcome 1 | +34,857.6111 |
| 9 | Attorney-General’s Department | Administered item, Outcome 1 | -33,783.6111 |
| 10 | Department of Infrastructure, Regional Development and Cities | Administered item, Outcome 2 | -991 |
| 11 | Department of the Prime Minister and Cabinet | Administered item, Outcome 1 | -19,037 |
| 12 | Department of Jobs and Small Business | Departmental item | +5,439 |
| 13 | Department of the Treasury | Departmental item | -5,174 |
| 14 | Department of Agriculture and Water Resources | Departmental item | -546 |
| 15 | Department of Infrastructure, Regional Development and Cities | Administered item, Outcome 3 | +19,897 |
| 16 | Department of Agriculture | Administered item, Outcome 3 | -84,437.87801 |
| 17 | Department of Employment, Skills, Small and Family Business | Administered item, Outcome 2 | +4,290 |
| 18 | Department of the Treasury | Administered item, Outcome 1 | -9,222 |
| 19 | Department of Industry, Innovation and Science | Departmental item | +170 |
| 20 | Department of Industry, Innovation and Science | Administered item, Outcome 1 | +2,057 |
| 21 | Office of National Assessments | Departmental item | +2,964 |
| 22 | Department of the Prime Minister and Cabinet | Corporate entity item, Australian Institute of Aboriginal and Torres Strait Islander Studies | +3,248.834 |
| 23 | Department of Education and Training | Corporate entity item, Australian Institute of Aboriginal and Torres Strait Islander Studies | -3,248.834 |
| 24 | Australian Signals Directorate | Departmental item | +5,589.552 |
| 25 | Department of Education and Training | Departmental item | -134 |
| 26 | Department of Health | Departmental item | -12,422 |
| 27 | Aged Care Quality and Safety Commission | Departmental item | +4,893 |
| 28 | NDIS Quality and Safeguards Commission | Departmental item | +2,510.4618 |
| 29 | Department of the Prime Minister and Cabinet | Administered item, Outcome 2 | -26.09943 |
| 30 | National Indigenous Australians Agency | Administered item, Outcome 1 | +26.09943 |
| 31 | Department of Social Services | Administered item, Outcome 2 | -29,021.43462 |
| 32 | Department of Home Affairs | Administered item, Outcome 2 | +29,021.43462 |
| 33 | Department of Agriculture | Administered item, Outcome 1 | -7,275.23194 |
| 34 | Department of Agriculture, Water and the Environment | Administered item, Outcome 3 | +7,275.23194 |
| 35 | Department of Agriculture | Administered item, Outcome 2 | -1,183.64378 |
| 36 | Department of Agriculture, Water and the Environment | Administered item, Outcome 4 | +1,183.64378 |
| 37 | Department of Agriculture, Water and the Environment | Administered item, Outcome 5 | +81,437.87801 |
| 38 | Services Australia (Department of State) | Administered item, Outcome 1 | -1,497.62352 |
| 39 | Services Australia (Executive Agency) | Administered item, Outcome 1 | +1,497.62352 |
| 40 | Department of Communications and the Arts | Administered item, Outcome 1 | -25,648.59621 |
| 41 | Department of Infrastructure, Transport, Regional Development and Communications | Administered item, Outcome 5 | +25,648.59621 |
| 42 | Department of Communications and the Arts | Administered item, Outcome 2 | -2,582.79516 |
| 43 | Department of Infrastructure, Transport, Regional Development and Communications | Administered item, Outcome 6 | +2,582.79516 |
| 44 | Department of Industry, Science, Energy and Resources | Administered item, Outcome 4 | +4,932 |
| 45 | Department of Agriculture, Water and the Environment | Administered item, Outcome 2 (Of the former Department of the Environment and Energy) | -409.14028 |
| 46 | Department of Industry, Science, Energy and Resources | Administered item, Outcome 2 | +409.14028 |
7 Modification of Appropriation Act (No. 2) 2017‑2018
(1) This section applies to the Appropriation Act (No. 2) 2017‑2018.
(2) The Act has effect as follows:
(a) as if the following row were included 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 |
(b) 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
(c) as if an administered assets and liabilities item for the following non‑corporate entity were included for the Agriculture, Water and the Environment Portfolio in Schedule 2 to the Act:
DEPARTMENT OF AGRICULTURE, WATER AND THE ENVIRONMENT
(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 Home Affairs | State, ACT, NT and local government item, Outcome 1 | +1,969.29 |
| 2 | Attorney-General’s Department | State, ACT, NT and local government item, Outcome 1 | -1,969.29 |
| 3 | Department of Home Affairs | Other departmental item (Equity Injections) | +1,123.756 |
| 4 | Attorney-General’s Department | Other departmental item (Equity Injections) | -1,123.756 |
| 5 | Department of Infrastructure, Regional Development and Cities | Administered Assets and Liabilities item | +50,000 |
| 6 | Department of Agriculture | Administered Assets and Liabilities item | -360,490.75012 |
| 7 | Department of Agriculture, Water and the Environment | Administered Assets and Liabilities item | +310,490.75012 |
8 Modification of Appropriation Act (No. 3) 2017‑2018
(1) This section applies to the Appropriation Act (No. 3) 2017‑2018.
(2) The Act has effect as follows:
(a) 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 industries
(b) as if Outcome 2, Outcome 3 and Outcome 4 for the Department of Agriculture, Water and the Environment in Schedule 1 to the Act were replaced with the following outcomes:
Outcome 2
Advance Australia's strategic, scientific, environmental and economic interests in the Antarctic region by protecting, administering and researching the region
Outcome 3
More sustainable, productive, internationally competitive and profitable Australian agricultural, food and fibre industries through policies and initiatives that promote better resource management practices, innovation, self-reliance and improved access to international markets
Outcome 4
Safeguard Australia's animal and plant health status to maintain overseas markets and protect the economy and environment from the impact of exotic pests and diseases, through risk assessment, inspection and certification, and the implementation of emergency response arrangements for Australian agricultural, food and fibre industries
(c) as if an administered item were included for the Department of Agriculture, Water and the Environment in Schedule 1 to the Act opposite the following outcome:
Outcome 5
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
(d) 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
(e) as if an administered item were included for the Department of Infrastructure, Transport, Regional Development and Communications in Schedule 1 to the Act opposite the following outcome:
Outcome 5
Promote an innovative and competitive communications sector, through policy development, advice and program delivery, so all Australians can realise the full potential of digital technologies and communications services
(f) as if an administered item were included for the Department of Infrastructure, Transport, Regional Development and Communications in Schedule 1 to the Act opposite the following outcome:
Outcome 6
Participation in, and access to, Australia's arts and culture through developing and supporting cultural expression
(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 Home Affairs | Administered item, Outcome 1 | +2,507 |
| 2 | Attorney-General’s Department | Administered item, Outcome 1 | -2,507 |
| 3 | Department of Social Services | Administered item, Outcome 2 | -11,827 |
| 4 | Department of Home Affairs | Administered item, Outcome 2 | +11,827 |
| 5 | Department of Agriculture | Administered item, Outcome 1 | -1,486.00078 |
| 6 | Department of Agriculture, Water and the Environment | Administered item, Outcome 3 | 1,486.00078 |
| 7 | Department of Agriculture | Administered item, Outcome 2 | -653.28994 |
| 8 | Department of Agriculture, Water and the Environment | Administered item, Outcome 4 | +653.28994 |
| 9 | Department of Agriculture | Administered item, Outcome 3 | -38,559 |
| 10 | Department of Agriculture, Water and the Environment | Administered item, Outcome 5 | +38,559 |
| 11 | Department of Employment, Skills, Small and Family Business | Administered item, Outcome 2 | -680.42969 |
| 12 | Attorney-General's Department | Administered item, Outcome 2 | +680.42969 |
| 13 | Department of Communications and the Arts | Administered item, Outcome 1 | -2,025 |
| 14 | Department of Infrastructure, Transport, Regional Development and Communications | Administered item, Outcome 5 | +2,025 |
| 15 | Department of Communications and the Arts | Administered item, Outcome 2 | -16 |
| 16 | Department of Infrastructure, Transport, Regional Development and Communications | Administered item, Outcome 6 | +16 |
9 Modification of Appropriation Act (No. 4) 2017‑2018
(1) This section applies to the Appropriation Act (No. 4) 2017‑2018.
(2) The Act has effect:
(a) as if an other departmental item for the following non-corporate entity were included for the Defence Portfolio in Schedule 2 to the Act:
AUSTRALIAN SIGNALS DIRECTORATE
(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 | Attorney-General’s Department | Other departmental item (Equity Injections) | -2,531 |
| 2 | Australian Signals Directorate | Other departmental item (Equity Injections) | +2,531 |
10 Modification of Appropriation Act (No. 5) 2017‑2018
(1) This section applies to the Appropriation Act (No. 5) 2017‑2018.
(2) The Act has effect as follows:
(a) as if Outcome 4 for the Department of Agriculture, Water and the Environment in Schedule 1 to the Act were replaced with the following outcome:
Outcome 4
Safeguard Australia's animal and plant health status to maintain overseas markets and protect the economy and environment from the impact of exotic pests and diseases, through risk assessment, inspection and certification, and the implementation of emergency response arrangements for Australian agricultural, food and fibre industries
(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 | Administered item, Outcome 2 | -50 |
| 2 | Department of Agriculture, Water and the Environment | Administered item, Outcome 4 | +50 |