Public Governance, Performance and Accountability (Section 75 Transfers) Determination 20142015

made under section 75 of the

 Public Governance, Performance and Accountability Act 2013

Compilation No. 4

Compilation date:    11 November 2015

Includes amendments up to: Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20142015 (No. 4)

 

About this compilation

This compilation

This is a compilation of the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2014-2015 that shows the text of the law as amended and in force on 11 November 2015 (the compilation date).

This compilation was prepared on 11 November 2015.

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 ComLaw (www.comlaw.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 ComLaw 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 ComLaw for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary

1  Name 

3  Authority

4  Definitions

4A Amendment of Appropriation Acts

5  Amendment of Appropriation Act (No. 1) 20142015

6  Amendment of Appropriation Act (No. 2) 20142015

7 Amendment of Appropriation Act (No. 3) 2014-2015

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1Preliminary

 

1  Name

  This is the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 20142015.

3  Authority

  This instrument is made under section 75 of the Public Governance, Performance and Accountability Act 2013.

4  Definitions

Agency means an Agency within the meaning of an Appropriation Act.

Appropriation Act means:

 (a) the Appropriation Act (No. 1) 20142015; or

 (b) the Appropriation Act (No. 2) 20142015; or

 (c) the Appropriation (Parliamentary Departments) Act (No. 1) 20142015; or

 (d)  the Appropriation Act (No. 3) 20142015; or

(e)      the Appropriation Act (No. 4) 20142015; or

(f)       the Appropriation (Parliamentary Departments) Act (No. 2) 20142015; or

(g)      the Appropriation Act (No. 5) 20142015; or

(h)      the Appropriation Act (No. 6) 20142015.

appropriation item means an item within the meaning of an Appropriation Act.

4A Amendment of Appropriation Acts

The Appropriation Acts have effect as if:

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

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

(c)   references in the Acts to the Department of Industry or the Department of Industry and Science were references to the Department of Industry, Innovation and Science; and

(d)   references in the Acts to the Industry Portfolio or the Industry and Science Portfolio were references to the Industry, Innovation and Science Portfolio; and

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

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

(g)   references in the Acts to the Department of Communications were references to the Department of Communications and the Arts; and

(h)   references in the Acts to the Communications Portfolio were references to the Communications and the Arts Portfolio.

5  Amendment of Appropriation Act (No. 1) 20142015

 (1) The section applies to the Appropriation Act (No. 1) 20142015.

 (3) The Act has effect as follows:

 (a) as if Outcome 3 for the Department of Education and Training in Schedule 1 to the Act were replaced with the following outcome:

 

 

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

 

 (b) as if the following outcome were included for the Department of Agriculture and Water Resources in Schedule 1 to the Act:

 

 

Outcome 3 -

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

 (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.

 

Amendments of appropriation items

Item

Agency

Appropriation item

Increase (+)/
decrease()
($’000)

1

Department of Social Services

Administered item, Outcome 2

+239,875

2

Department of Education and Training

Administered item, Outcome 1

239,875

3

Department of Education and Training

Administered item, Outcome 3

+556,127

4

Department of the Treasury

Administered item, Outcome 1

+6,856

5

Department of Industry and Science

Administered item, Outcome 1

562,983

6

Australian Securities and Investments Commission

Departmental item

+634

7

Department of the Treasury

Departmental item

260

8

Department of Education and Training

Departmental item

+9,695

9

Department of Social Services

Departmental item

+24,290

10

Department of Industry, Innovation and Science

Departmental item

-34,063

11

Department of Agriculture and Water Resources

Administered item, Outcome 3

+25,851.81757

12

Department of the Environment

Administered item, Outcome 4

-25,851.81757

13

Department of Agriculture and Water Resources

Departmental item

+4,614

14

Department of the Environment

Departmental item

-4,614

15

Office of the Commonwealth Ombudsman

Departmental item

+614                                                  

16

Private Health Insurance Ombudsman

Departmental item

-614

17

Department of Communications and the Arts

Departmental item

+756

18

Attorney-General’s Department

Departmental item

-756

19

Administrative Appeals Tribunal

Departmental item

+20,855.446

20

Migration Review Tribunal and Refugee Review Tribunal

Departmental item

-20,855.446

21

Department of Health

Departmental item

+8,814

22

Department of Human Services

Departmental item

-8,814

23

Department of Infrastructure and Regional Development

Departmental item

-296

6  Amendment of Appropriation Act (No. 2) 20142015

 (1) The section applies to the Appropriation Act (No. 2) 20142015.

 (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.

Amendments of appropriation items

Item

Agency

Appropriation item

Increase (+)/
decrease()
($’000)

1

Australian Securities and Investments Commission

Other departmental item (Equity Injections)

+2,613

2

Department of the Treasury

Other departmental item (Equity Injections)

2,613

3

Department of Agriculture and Water Resources

State, ACT, NT and local government item, Outcome 3

+5,500

4

Department of the Environment

State, ACT, NT and local government item, Outcome 4

-5,500

5

Department of Agriculture and Water Resources

Administered assets and liabilities item

+37,780.32955

6

Department of the Environment

Administered assets and liabilities item

-37,780.32955

(4)  The Act has effect as follows:

(a)      in Schedule 1, repeal:

Department of the Environment

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

 

Minister for the Environment

Minister for the Environment

substitute:

Department of Agriculture and Water Resources

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

 

Minister for Agriculture and Water Resources

Minister for Agriculture and Water Resources

(b)      as if the following outcome for the Department of Agriculture and Water Resources were included in Schedule 2 to the Act:

 

 

Outcome 3 -

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

7 Amendment of Appropriation Act (No. 3) 2014-2015

(1)   The section applies to the Appropriation Act (No. 3) 2014-2015.

(2)   The Act has effect:

(a)    as if appropriation items in Schedule 1 to that 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.

 

Amendment of appropriation items

Item

Agency

Appropriation item

Increase (+)/
decrease (-)
($’000)

1

Office of the Commonwealth Ombudsman

Departmental item

+97

2

Private Health Insurance Ombudsman

Departmental item

-97

3

Administrative Appeals Tribunal

Departmental item

+23,429

4

Migration Review Tribunal and Refugee Review Tribunal

Departmental item

-23,429

 

 

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

    /subsubparagraph(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

SubCh = SubChapter(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 20142015

30 Jan 2015 (F2015L00091)

1 Feb 2015 (s 2)

 

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20142015 (No. 1)

30 Mar 2015 (F2015L00360)

31 Mar 2015 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20142015 (No. 2)

30 Oct 2015

(F2015L01731)

1 Nov 2015 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20142015 (No. 3)

5 Nov 2015 (F2015L01758)

5 Nov 2015 (s 2)

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20142015 (No. 4)

11 Nov 2015 (F2015L01781)

11 Nov 2015 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

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

rep LIA s 48D

s 4.....................

ad F2015L01758

s 4A....................

ad F2015L01758

s 5.....................

am F2015L00360; F2015L01731; F2015L01758; F2015L01781

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

am F2015L01731; F2015L01758

s 7.....................

ad F2015L01758; F2015L01781