{"id":"F2016L01466","name":"Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2016-2017","slug":"public-governance-performance-and-accountability-section-75-transfers-determination-2016-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95099,"registerId":"commonwealth-F2016L01466-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This is the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2016‑2017.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n This instrument commences on 22 September 2016.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under section 75 of the Public Governance, Performance and Accountability Act 2013.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Appropriation Act means:\n\n the Supply Act (No. 1) 2016‑2017; or\n the Supply Act (No. 2) 2016‑2017; or\n the Supply (Parliamentary Departments) Act (No. 1) 2016‑2017; or\n the Appropriation Act (No. 1) 2016‑2017; or\n the Appropriation Act (No. 2) 2016‑2017; or\n the Appropriation (Parliamentary Departments) Act (No. 1) 2016‑2017; or\n the Appropriation Act (No. 3) 2016‑2017; or\n the Appropriation Act (No. 4) 2016‑2017.\n\n> appropriation item means an item within the meaning of an Appropriation Act.\n\n> entity means a non-corporate entity within the meaning of an Appropriation Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Modification of Appropriation Acts","content":"#### 5 Modification of Appropriation Acts\n\n The Appropriation Acts have effect as if:\n\n references in the Acts to the Environment Portfolio were references to the Environment and Energy Portfolio; and\n references in the Acts to the Department of the Environment were references to the Department of the Environment and Energy; and\n references in the Acts to the Digital Transformation Office were references to the Digital Transformation Agency; and\n references in the Acts to the Immigration and Border Protection Portfolio were references to the Home Affairs Portfolio; and\n references in the Acts to the Department of Immigration and Border Protection were references to the Department of Home Affairs; and\n references in the Acts to the Infrastructure and Regional Development Portfolio were references to the Infrastructure, Regional Development and Cities Portfolio; and\n references in the Acts to the Department of Infrastructure and Regional Development were references to the Department of Infrastructure, Regional Development and Cities; and\n references in the Acts to the Employment Portfolio were references to the Jobs and Small Business Portfolio; and\n references in the Acts to the Department of Employment were references to the Department of Jobs and Small Business; and\n appropriation items and outcomes for the following entities, included for the Attorney-General’s Portfolio, were instead included for the Home Affairs Portfolio:\n\n Australian Criminal Intelligence Commission;\n Australian Federal Police;\n Australian Institute of Criminology;\n Australian Transaction Reports and Analysis Centre\n Australian Security Intelligence Organisation; and\n 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:\n\n Office of the Commonwealth Ombudsman;\n Office of the Inspector-General of Intelligence and Security","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Modification of Supply Act (No. 1) 2016‑2017","content":"#### 6 Modification of Supply Act (No. 1) 2016‑2017\n\n This section applies to the Supply Act (No. 1) 2016‑2017.\n The Act has effect:\n\n as if a departmental item for the following non-corporate entity were included for the Employment Portfolio in Schedule 1 to the Act:\n\n FAIR WORK OMBUDSMAN AND REGISTERED ORGANISATIONS COMMISSION ENTITY\n\n The Act has effect:\n\n as if the following outcome were included for the Department of the Environment and Energy in Schedule 1 to the Act:\n\n Outcome 5 \n Support the reliable, sustainable and secure operations of energy markets through improving Australia’s energy efficiency, performance and productivity for the community\n\n as if the following outcome were included for the Fair Work Ombudsman and Registered Organisations Commission Entity in Schedule 1 to the Act:\n\n Outcome 1 \n Compliance with workplace relations legislation by employees and employers through advice, education and where necessary enforcement\n\n as if Outcome 1 for the Department of Home Affairs in Schedule 1 to the Act were replaced with the following outcome:\n\n Outcome 1 \n 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\n\n as if Outcome 2 for the Department of Home Affairs in Schedule 1 to the Act were replaced with the following outcome:\n\n Outcome 2 \n Support a prosperous and inclusive society, and advance Australia’s economic interests through the effective management of the visa, multicultural and citizenship programs and provision of refugee and humanitarian assistance\n\n The Act has effect:\n\n as if appropriation items in Schedule 1 to the Act were increased or decreased in accordance with the following table; and\n 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.\n\n```html\n

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease (‑)
($’000)

1

Department of the Environment and Energy

Administered item, Outcome 5

+2,548

2

Department of Industry, Innovation and Science

Administered item, Outcome 1

-2,548

3

Department of the Environment and Energy

Departmental item

+26,400

4

Department of Industry, Innovation and Science

Departmental item

-26,400

5

Digital Transformation Agency

Departmental item

+700

6

Department of Human Services

Departmental item

-700

7

Fair Work Ombudsman and Registered Organisations Commission Entity

Departmental item

+11,197.25911

8

Office of the Fair Work Ombudsman

Departmental item

-11,197.25911

9

Department of Education and Training

Departmental item

-9,137

10

Department of Finance

Departmental item

+1,574

11

Department of Employment

Departmental item

+7,563

12

Department of Home Affairs

Administered item, Outcome 1

+405

13

Attorney-General’s Department

Administered item, Outcome 1

-405

\n```","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Modification of Appropriation Act (No. 1) 2016‑2017","content":"#### 7 Modification of Appropriation Act (No. 1) 2016‑2017\n\n This section applies to the Appropriation Act (No. 1) 2016‑2017.\n The Act has effect:\n\n as if administered and departmental items for the following non-corporate entity were included for the Finance Portfolio in Schedule 1 to the Act:\n\n INDEPENDENT PARLIAMENTARY EXPENSES AUTHORITY\n\n as if a departmental item for the following non-corporate entity were included for the Employment Portfolio in Schedule 1 to the Act:\n\n FAIR WORK OMBUDSMAN AND REGISTERED ORGANISATIONS COMMISSION ENTITY\n\n as if administered and departmental items for the following non-corporate entity were included for the Finance Portfolio in Schedule 1 to the Act:\n\n INDEPENDENT PARLIAMENTARY EXPENSES AUTHORITY\n Note: Both paragraphs (a) and (c) add entries for the Independent Parliamentary Expenses Authority. This is because the Authority, originally an executive agency, was re-established as a statutory agency on 1 July 2017.\n\n The Act has effect:\n\n as if the following Outcome were included for the Independent Parliamentary Expenses Authority in Schedule 1 to the Act:\n\n Outcome 1 \n Support for Parliamentarians and others as required by the Australian Government through the delivery of, and advice on, entitlements and targeted assistance\n\n as if the following outcome were included for the Fair Work Ombudsman and Registered Organisations Commission Entity in Schedule 1 to the Act:\n\n Outcome 1 \n Compliance with workplace relations legislation by employees and employers through advice, education and where necessary enforcement\n\n as if the following Outcome were included in Schedule 1 to the Act for the Independent Parliamentary Expenses Authority as added by paragraph (2)(c):\n\n Outcome 1 \n Support for current and former Parliamentarians and others as required by the Australian Government through the delivery of, independent oversight and advice on, work resources and travel resources\n\n as if Outcome 1 for the Department of Home Affairs in Schedule 1 to the Act were replaced with the following outcome:\n\n Outcome 1 \n 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\n\n as if Outcome 2 for the Department of Home Affairs in Schedule 1 to the Act were replaced with the following outcome:\n\n Outcome 2 \n Support a prosperous and inclusive society, and advance Australia’s economic interests through the effective management of the visa, multicultural and citizenship programs and provision of refugee and humanitarian assistance\n\n The Act has effect:\n\n as if appropriation items in Schedule 1 to the Act were increased or decreased in accordance with the following table; and\n 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.\n\n```html\n

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease (‑)
($’000)

1

Digital Transformation Agency

Departmental item

+2,375

2

Department of Finance

Departmental item

-4,128

3

Department of Employment

Departmental item

+6,037

4

Department of Education and Training

Departmental item

-5,253

5

Independent Parliamentary Expenses Authority

Departmental item

+170.32035

6

Independent Parliamentary Expenses Authority

Administered item, Outcome 1

+8,724.78621

7

Department of Finance

Administered item, Outcome 3

-9,221

8

Fair Work Ombudsman and Registered Organisations Commission Entity

Departmental item

+63,376.06805

9

Office of the Fair Work Ombudsman

Departmental item

-61,149.06805

10

Fair Work Commission

Departmental item

-2,227

11

Independent Parliamentary Expenses Authority

Departmental item

+2,056.67965

12

Independent Parliamentary Expenses Authority

Administered item, Outcome 1

+496.21379

13

Department of Home Affairs

Departmental item

+29,255.33078

14

Attorney-General’s Department

Departmental item

-18,167.33078

15

Department of Infrastructure, Regional Development and Cities

Departmental item

-7,715

16

Department of the Prime Minister and Cabinet

Departmental item

-3,192

17

Department of Social Services

Departmental item

-615

18

Department of Home Affairs

Administered item, Outcome 1

+511.99077

19

Attorney-General’s Department

Administered item, Outcome 1

-511.99077

20

Department of the Treasury

Departmental item

-1,110

21

Department of Industry, Innovation and Science

Departmental item

+161

22

Office of National Assessments

Departmental item

+430

23

Department of Agriculture and Water Resources

Departmental item

-305

\n```","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Modification of Appropriation Act (No. 2) 2016‑2017","content":"#### 8 Modification of Appropriation Act (No. 2) 2016‑2017\n\n This section applies to the Appropriation Act (No. 2) 2016‑2017.\n The Act has effect:\n\n as if an other departmental item for the following non-corporate entity were included for the Employment Portfolio in Schedule 2 to the Act:\n\n FAIR WORK OMBUDSMAN AND REGISTERED ORGANISATIONS COMMISSION ENTITY\n\n as if the following table item were included in the table in Schedule 1 to the Act:\n\n| 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 |\n| -------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ------------------------- | ------------------------- |\n\n 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:\n\n Outcome 1 \n 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\n\n The Act has effect:\n\n as if appropriation items in Schedule 2 to the Act were increased or decreased in accordance with the following table; and\n 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.\n\n```html\n

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease (‑)
($’000)

1

Fair Work Ombudsman and Registered Organisations Commission Entity

Other departmental item (Equity Injections)

+150

2

Office of the Fair Work Ombudsman

Other departmental item (Equity Injections)

-150

3

Department of Home Affairs

State, ACT, NT and local government item, Outcome 1

+959.27426

4

Attorney-General’s Department

State, ACT, NT and local government item, Outcome 1

-959.27426

5

Department of Home Affairs

Administered assets and liabilities item

+311

6

Attorney-General’s Department

Administered assets and liabilities item

-311

7

Department of Infrastructure, Regional Development and Cities

Administered assets and liabilities item

+29,167

8

Department of Agriculture and Water Resources

Administered assets and liabilities item

-29,167

\n```","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Modification of Appropriation Act (No. 3) 2016‑2017","content":"#### 9 Modification of Appropriation Act (No. 3) 2016‑2017\n\n This section applies to the Appropriation Act (No. 3) 2016‑2017.\n The Act has effect:\n\n as if a departmental item for the following non-corporate entity were included for the Employment Portfolio in Schedule 1 to the Act:\n\n FAIR WORK OMBUDSMAN AND REGISTERED ORGANISATIONS COMMISSION ENTITY\n\n as if a departmental item for the following non-corporate entity were included for the Defence Portfolio in Schedule 1 to the Act:\n\n AUSTRALIAN SIGNALS DIRECTORATE\n\n The Act has effect:\n\n as if the following outcome were included for the Fair Work Ombudsman and Registered Organisations Commission Entity in Schedule 1 to the Act:\n\n Outcome 1 \n Compliance with workplace relations legislation by employees and employers through advice, education and where necessary enforcement\n\n as if Outcome 1 for the Department of Home Affairs in Schedule 1 to the Act were replaced with the following outcome:\n\n Outcome 1 \n 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\n\n as if Outcome 2 for the Department of Home Affairs in Schedule 1 to the Act were replaced with the following outcome:\n\n Outcome 2 \n Support a prosperous and inclusive society, and advance Australia’s economic interests through the effective management of the visa, multicultural and citizenship programs and provision of refugee and humanitarian assistance\n\n as if the following outcome were included for the Australian Signals Directorate in Schedule 1 to the Act:\n\n Outcome 1 \n 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\n\n The Act has effect:\n\n as if appropriation items in Schedule 1 to the Act were increased or decreased in accordance with the following table; and\n 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.\n\n```html\n

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease (‑)
($’000)

1

Fair Work Ombudsman and Registered Organisations Commission Entity

Departmental item

+6,181

2

Office of the Fair Work Ombudsman

Departmental item

-6,181

3

Department of Home Affairs

Administered item, Outcome 1

+16,220.46946

4

Attorney-General’s Department

Administered item, Outcome 1

-16,220.46946

5

Attorney‑General’s Department

Departmental item

-2,037.045

6

Australian Signals Directorate

Departmental item

+2,037.045

\n```","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Modification of Supply Act (No. 2) 2016‑2017","content":"#### 10 Modification of Supply Act (No. 2) 2016‑2017\n\n This section applies to the Supply Act (No. 2) 2016‑2017.\n The Act has effect:\n\n as if appropriation items in Schedule 2 to the Act were increased or decreased in accordance with the following table; and\n 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.\n\n```html\n

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease (‑)
($’000)

1

Department of Home Affairs

Administered assets and liabilities item

+73.67536

2

Attorney-General’s Department

Administered assets and liabilities item

-73.67536

3

Department of Infrastructure, Regional Development and Cities

Administered assets and liabilities item

+20,833

4

Department of Agriculture and Water Resources

Administered assets and liabilities item

-20,833

\n```","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Modification of Appropriation Act (No. 4) 2016‑2017","content":"#### 11 Modification of Appropriation Act (No. 4) 2016‑2017\n\n This section applies to the Appropriation Act (No. 4) 2016‑2017.\n\n (1A) The Act has effect:\n\n as if an other departmental item for the following non-corporate entity were included for the Health Portfolio in Schedule 2 to the Act:\n\n AGED CARE QUALITY AND SAFETY COMMISSION\n\n The Act has effect:\n\n as if appropriation items in Schedule 2 to the Act were increased or decreased in accordance with the following table; and\n 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.\n\n```html\n

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease (‑)
($’000)

1

Department of Home Affairs

Administered assets and liabilities item

+19,338

2

Attorney-General’s Department

Administered assets and liabilities item

-19,338

3

Aged Care Quality and Safety Commission

Other departmental item (Equity Injections)

+17,737.592

4

Australian Aged Care Quality Agency

Other departmental item (Equity Injections)

-17,737.592

\n```","sortOrder":10}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The determination changes the legal effect of the relevant Supply and Appropriation Acts (see s5 and ss6–11) by (a) substituting new portfolio and department names, (b) reallocating appropriation items and outcomes between portfolios and entities, (c) adding entries for specified non‑corporate entities to schedules, and (d) increasing or decreasing specified appropriation line items (detailed in the tables in ss6–11). These modifications alter which portfolio/entity holds funds and the amounts recorded in the Acts."},"complexity_factors":["Modifies multiple primary appropriation instruments (Supply Acts and Appropriation Acts No.1–No.4) rather than creating stand‑alone policy, increasing cross‑instrument linkage.","Performs both name/portfolio substitutions and substantive re‑allocations of appropriation items and outcomes, mixing simple renaming with financial transfers (see s5 and ss6–11).","Adds new departmental/administered/other items for multiple non‑corporate entities (e.g. Fair Work Ombudsman and Registered Organisations Commission Entity, Independent Parliamentary Expenses Authority, Aged Care Quality and Safety Commission).","Makes many numeric adjustments across schedules including whole thousands and fractional amounts (decimal thousandths), raising accounting and reconciliation complexity (tables in ss6–11).","Alters different types of budget lines (departmental, administered, other departmental/equity injections, assets and liabilities), requiring different accounting treatments.","Includes a temporal/commencement element (commences 22 Sept 2016) and relies on effect‑as‑if drafting: changes take effect by modifying the legal operation of existing Acts rather than amending their text directly.","Contains inter‑departmental transfers of responsibility for specific entities (e.g. entities moved between Attorney‑General’s, Home Affairs, Prime Minister & Cabinet portfolios) which affect governance and reporting chains (s5).","Notes change in legal status for an entity (Independent Parliamentary Expenses Authority re‑established as a statutory agency), which creates duplication of entries and special handling (s7 note)."],"plain_english_summary":"This determination amends several 2016–17 Supply and Appropriation Acts so they read as if portfolio and department names have changed, specified entities have been added to particular portfolios or schedules, and numerous departmental, administered and assets/liabilities appropriation items have been increased or decreased. It affects Commonwealth departments, statutory bodies and budget schedules by reallocating which portfolio or entity holds specific appropriations and by changing the dollar amounts recorded in the Acts, thereby shifting who controls funds and reporting responsibility."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: facilitating machinery-of-government changes through budget modifications. It does not expand beyond the specific transfers, renamings, and appropriation adjustments necessary to implement the 2017 government restructuring."},"complexity_factors":["Multiple parallel modification schemes across 8 different Appropriation Acts and Supply Acts","Extensive cross-referencing to external legislation (the various Appropriation Acts themselves)","Precise dollar amounts specified to 5 decimal places in some cases (e.g., $11,197.25911 thousand)","Conditional logic: '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'","Nested entity movements: some agencies move twice (e.g., Independent Parliamentary Expenses Authority appears twice with different outcomes for different legal forms)","Technical terminology: 'administered items', 'departmental items', 'other departmental items', 'equity injections', 'administered assets and liabilities items' all used without definition in this instrument","Table-based data presentation requiring horizontal parsing across HTML table cells"],"plain_english_summary":"This is a budget-housekeeping instrument that updates budget papers to match machinery-of-government changes: it renames departments/portfolios, moves funding when functions transfer, and creates new line items for newly established agencies. It affects public servants, agencies and Parliament by clarifying which portfolio owns each budget, and matters because it legally and practically ensures dollars follow functions after government reorganisations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2016-2017","history":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2016-2017/history","analysis":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2016-2017/analysis","conflicts":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2016-2017/conflicts","importantCases":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2016-2017/important-cases","documents":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2016-2017/documents"}}