Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017-2018 (No. 9)

I, Tracey Carroll, First Assistant Secretary, Financial Analysis, Reporting and Management, Department of Finance, make the following determination.

Dated     25 February 2020

Tracey Carroll

Contents

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Amendments

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2017-2018

1  Name

  This instrument is the Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017-2018 (No. 9).

2  Commencement

  This instrument commences on the day after registration.

3  Authority

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

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2017-2018

1        Section 5

Repeal the section, substitute:

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.

2        Paragraph 6(2)(b)

Replace the paragraph, substitute:

(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

3        Subsection 6(2) (at the end of the subsection)

Add:

(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

4        Subsection 6(3) (table items 16 and 17)

Repeal the items, substitute:

5        Subsection 6(3) (at the end of the table)

Add:

6        At the end of subsection 7(2)

Add:

(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

7        Subsection 7(3) (table item 6)

Repeal the item, substitute.

8        Subsection 7(3) (at the end of the table)

Add:

9        Section 8

Repeal the section, substitute:

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.

10   At the end of the instrument

Add:.3

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.