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. 4

Compilation date:    12 April 2019

Includes amendments up to: Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018‑2019 (No. 4)

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

2  Commencement

3  Authority

4  Definitions

5  Modification of Appropriation Acts

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

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

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

2  Commencement

  This instrument commences on 14 November 2018.

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.

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)    items and outcomes for the Department of Human Services, included for the Human Services Portfolio, were instead included for the Social Services Portfolio; and                           

(b)   items and outcomes for the following entities, included for the Jobs and Innovation 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

(c)    items and outcomes for the following entities, included for the Jobs and Innovation Portfolio, were instead included for a Jobs and Small Business Portfolio:

(i)      Department of Jobs and Small Business;

(ii)      Comcare;

(iii)      Asbestos Safety and Eradication Agency;

(iv)      Australian Building and Construction Commission;

(v)      Fair Work Commission;

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

(vii)      Safe Work Australia; and

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

(e)    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.

(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

(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.

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

Endnote 3—Legislation history

Endnote 4—Amendment history