{"id":"F2020L00840","name":"Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2020-2021","slug":"public-governance-performance-and-accountability-section-75-transfers-determination-2020-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":145432,"registerId":"commonwealth-F2020L00840-current","compilationNumber":null,"startDate":"2026-04-03","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 2020‑2021.","sortOrder":0},{"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":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> Appropriation Act means:\n\n (a) the Supply Act (No. 1) 2020‑2021; or\n (b) the Supply Act (No. 2) 2020‑2021; or\n (c) the Appropriation Act (No. 1) 2020‑2021; or\n (d) the Appropriation Act (No. 2) 2020‑2021; or\n (e) the Appropriation Act (No. 3) 2020‑2021; or\n (f) the Appropriation Act (No. 4) 2020‑2021.\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":2},{"sectionNumber":"4A","sectionType":"section","heading":"Modification of Appropriation Acts","content":"#### 4A Modification of Appropriation Acts\n\n (1) The Appropriation Acts have effect as if:\n (a) references in the Acts to the Agriculture, Water and the Environment portfolio were references to the Agriculture, Fisheries and Forestry portfolio; and\n (b) references in the Acts to the Department of Agriculture, Water and the Environment were references to the Department of Agriculture, Fisheries and Forestry; and\n (c) references in the Acts to the Education, Skills and Employment portfolio were references to the Education portfolio; and\n (d) references in the Acts to the Department of Education, Skills and Employment were references to the Department of Education; and\n (e) references in the Acts to the Health portfolio were references to the Health and Aged Care portfolio; and\n (f) references in the Acts to the Department of Health were references to the Department of Health and Aged Care; and\n (g) references in the Acts to the Industry, Science, Energy and Resources portfolio were references to the Industry, Science and Resources portfolio; and\n (h) references in the Acts to the Department of Industry, Science, Energy and Resources were references to the Department of Industry, Science and Resources; and\n (i) references in the Acts to the Infrastructure, Transport, Regional Development and Communications portfolio were references to the Infrastructure, Transport, Regional Development, Communications and the Arts portfolio; and\n (j) references in the Acts to the Department of Infrastructure, Transport, Regional Development and Communications were references to the Department of Infrastructure, Transport, Regional Development, Communications and the Arts.\n (2) The Appropriation Acts have effect as if:\n (a) items and outcomes for the following entities, included for the Agriculture, Fisheries and Forestry portfolio, were instead included for the Climate Change, Energy, the Environment and Water portfolio:\n (i) Bureau of Meteorology;\n (ii) Director of National Parks;\n (iii) Great Barrier Reef Marine Park Authority;\n (iv) Murray‑Darling Basin Authority;\n (v) Sydney Harbour Federation Trust; and\n (b) items and outcomes for the following entities, included for the Attorney‑General’s portfolio, were instead included for the Employment and Workplace Relations portfolio:\n (i) Asbestos Safety and Eradication Agency;\n (ii) Australian Building and Construction Commission;\n (iii) Fair Work Commission;\n (iv) Fair Work Ombudsman and Registered Organisations Commission Entity;\n (v) Safe Work Australia;\n (vi) Comcare; and\n (c) items and outcomes for the National Archives of Australia, included for the Attorney‑General’s portfolio, were instead included for the Infrastructure, Transport, Regional Development, Communications and the Arts portfolio; and\n (d) items and outcomes for the Australian Skills Quality Authority, included for the Education portfolio, were instead included for the Employment and Workplace Relations portfolio; and\n (e) items and outcomes for the following entities, included for the Home Affairs portfolio, were instead included for the Attorney‑General’s portfolio:\n (i) Australian Criminal Intelligence Commission;\n (ii) Australian Federal Police;\n (iii) Australian Institute of Criminology;\n (iv) Australian Transaction Reports and Analysis Centre;\n (v) Office of the Special Investigator; and\n (f) items and outcomes for the following entities, included for the Industry, Science and Resources portfolio, were instead included for the Climate Change, Energy, the Environment and Water portfolio:\n (i) Clean Energy Regulator;\n (ii) Climate Change Authority;\n (iii) Australian Institute of Marine Science;\n (iv) Australian Renewable Energy Agency;\n (v) Clean Energy Finance Corporation; and\n (g) items and outcomes for the North Queensland Water Infrastructure Authority, included for the Infrastructure, Transport, Regional Development and Communications portfolio, were instead included for the Climate Change, Energy, the Environment and Water portfolio; and\n (h) items and outcomes for the Digital Transformation Agency, included for the Prime Minister and Cabinet portfolio, were instead included for the Finance portfolio; and\n (i) items and outcomes for the National Recovery and Resilience Agency, included for the Prime Minister and Cabinet portfolio, were instead included for the Home Affairs portfolio; and\n (j) items and outcomes for Old Parliament House, included for the Prime Minister and Cabinet portfolio, were instead included for the Infrastructure, Transport, Regional Development, Communications and the Arts portfolio.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Modification of Supply Act (No. 1) 2020‑2021","content":"#### 5 Modification of Supply Act (No. 1) 2020‑2021\n\n (1) This section applies to the Supply Act (No. 1) 2020‑2021.\n (2) The Act has effect as if Schedule 1 to the Act included:\n (a) a departmental item for Sport Integrity Australia; and\n (b) the following outcomes for that entity:\n\nOutcome 1\n\nProtection of the integrity of Australian sport and the health and welfare of those who participate in sport through the coordination of a national approach to all sports integrity matters\n\n (2A) The Act has effect as if Schedule 1 to the Act included:\n (a) a departmental item for the Department of Climate Change, Energy, the Environment and Water; and\n (b) the following outcomes for that Department:\n\nOutcome 1\n\nProvide international and national leadership and coordination to: support the transition of Australia’s economy to net‑zero emissions by 2050; transition energy to net zero while maintaining security, reliability and affordability; support actions to promote adaptation and strengthen resilience of Australia’s economy, society and environment; and re‑establish Australia as a global leader in responding to climate change\n\nOutcome 2\n\nConserve, protect and sustainably manage Australia’s biodiversity, ecosystems, environment and heritage through research, information management, supporting natural resource management, establishing and managing Commonwealth protected areas, and reducing and regulating the use of pollutants and hazardous substances\n\nOutcome 3\n\nAdvance Australia’s strategic, scientific, environmental and economic interests in the Antarctic region by protecting, administering and researching the region\n\nOutcome 4\n\nImprove 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\n\n (2B) The Act has effect as if Schedule 1 to the Act included:\n (a) a departmental item for the Department of Employment and Workplace Relations; and\n (b) the following outcomes for that Department:\n\nOutcome 1\n\nFoster a productive and competitive labour market through policies and programs that assist job seekers into work, including secure work, and meet employer and industry needs\n\nOutcome 2\n\nPromote growth in economic productivity and social wellbeing through access to quality skills and training\n\nOutcome 3\n\nFacilitate jobs growth, including secure work, through policies and programs that promote fair, productive and safe workplaces\n\n (2C) The Act has effect as if Schedule 1 to the Act included:\n (a) a departmental item for the National Emergency Management Agency; and\n (b) the following outcome for that Agency:\n\nOutcome 1\n\nTo develop, lead and coordinate the Commonwealth’s approach to emergency management, including the support of activities relating to preparedness, response, relief, recovery, reconstruction, risk reduction and resilience for all-hazard emergencies and disasters\n\n (2D) The Act has effect as if Schedule 1 to the Act included:\n (a) the following outcome for the Department of Agriculture, Fisheries and Forestry:\n\nOutcome 1\n\nMore 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\n\nOutcome 2\n\nSafeguard 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\n\n (2E) The Act has effect as if Schedule 1 to the Act included:\n (a) the following outcome for the Attorney-General’s Department:\n\nOutcome 1\n\nA just and secure society through the maintenance and improvement of Australia’s law, justice, security and integrity frameworks\n\n (2F) The Act has effect as if Schedule 1 to the Act included:\n (a) the following outcomes for the Department of Education:\n\nOutcome 1\n\nImproved early learning, schooling, student educational outcomes and transitions to and from school through access to quality child care, support, parent engagement, quality teaching and learning environments\n\nOutcome 2\n\nPromote growth in economic productivity and social wellbeing through access to quality higher education, international education, and international quality research\n\n (2G) The Act has effect as if Schedule 1 to the Act included:\n (a) the following outcomes for the Department of Industry, Science and Resources:\n\nOutcome 1\n\nSupport economic growth, productivity and job creation for all Australians by investing in science, technology and commercialisation, growing innovative and competitive businesses, industries and regions, and supporting resources\n\n (2H) The Act has effect as if Schedule 1 to the Act included:\n (a) the following outcomes for the Department of Infrastructure, Regional Development, Communications and the Arts:\n\nOutcome 1\n\nImproved infrastructure across Australia through investment in and coordination of transport and other infrastructure\n\nOutcome 2\n\nAn efficient, sustainable, competitive, safe and secure transport system for all transport users through regulation, financial assistance and safety investigations\n\nOutcome 3\n\nStrengthening the sustainability, capacity and diversity of Australia’s cities and regions including northern Australia, including through facilitating local partnerships between all levels of government and local communities; through investment in infrastructure and measures that stimulate economic growth; and providing grants and financial assistance\n\nOutcome 4\n\nGood governance and service delivery in the Australian territories including through the maintenance and improvement of the laws and services for non-self-governing territories, and the overarching legislative framework for self-governing territories\n\n \n\nOutcome 5\n\nPromote 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\n\nOutcome 6\n\nParticipation in, and access to, Australia’s arts and culture through developing and supporting cultural expression\n\n (2I) The Act has effect as if Schedule 1 to the Act included:\n (a) the following outcomes for the Department of Home Affairs:\n\nOutcome 1\n\nProtect Australia from national security and criminal threats, and support national resilience, through effective national coordination, policy and strategy development, and regional cooperation\n\nOutcome 2\n\nSupport a prosperous and united Australia through effective coordination and delivery of immigration and social cohesion policies and programs\n\nOutcome 3\n\nAdvance a prosperous and secure Australia through trade and travel facilitation and modernisation, and effective customs, immigration, maritime and enforcement activities across the border continuum\n\n (2J) The Act has effect as if Schedule 1 to the Act included:\n (a) a departmental item for the Office of the Fair Work Ombudsman; and\n (b) the following outcome for that entity:\n Outcome 1\n Compliance with workplace relations legislation through advice, education and where necessary enforcement\n (3) The Act has effect:\n (a) as if appropriation items in Schedule 1 to the Act were increased or decreased in accordance with the following table; and\n (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.\n\n```html\n

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease (‑)
($)

1

Department of Health and Aged Care

Departmental item

-3,376,100.00

2

Australian Sports Anti-Doping Authority

Departmental item

-6,961,000.00

3

Sport Integrity Australia

Departmental item

+10,337,100.00

4

Department of Health and Aged Care

Administered item, Outcome 3

-4,387,000.00

5

Sport Integrity Australia

Administered item, Outcome 1

+4,387,000.00

6

Department of Industry, Science and Resources

Departmental item

-1,771,000.00

7

Department of the Treasury

Departmental item

+1,771,000.00

8

Department of Industry, Science and Resources

Administered item, Outcome 2

-1,138,000.00

9

Department of Climate Change, Energy, the Environment and Water

Administered item, Outcome 1

+1,138,000.00

10

Attorney-General’s Department

Administered item, Outcome 2

-5,037,593.58

11

Department of Employment and Workplace Relations

Administered item, Outcome 3

+5,037,593.58

12

Department of Agriculture, Fisheries and Forestry

Administered item, Outcome 1

-378,482.41

13

Department of Climate Change, Energy, the Environment and Water

Administered item, Outcome 2

+378,482.41

14

Department of Agriculture, Fisheries and Forestry

Administered item, Outcome 5

-48,687,600.95

15

Department of Climate Change, Energy, the Environment and Water

Administered item, Outcome 4

+48,687,600.95

16

National Recovery and Resilience Agency

Departmental item

-59,000.00

17

National Emergency Management Agency

Departmental item

+59,000.00

18

Department of Education

Administered item, Outcome 3

-1,552,561.07

19

Department of Employment and Workplace Relations

Administered item, Outcome 2

+1,552,561.07

20

Fair Work Ombudsman and Registered Organisations Commission Entity

Departmental item

-3,464,000.00

21

Office of the Fair Work Ombudsman

Departmental item

+3,464,000.00

\n```","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Modification of Supply Act (No. 2) 2020‑2021","content":"#### 6 Modification of Supply Act (No. 2) 2020‑2021\n\n (1) This section applies to the Supply Act (No. 2) 2020‑2021.\n (1A) The Act has effect as if:\n (a) references in the Act to the Minister for Infrastructure, Transport and Regional Development were references to the Minister for Infrastructure, Transport, Regional Development and Local Government; and\n (b) references in the Act to the Minister for Agriculture, Drought and Emergency Management were references to the Minister for Infrastructure, Transport, Regional Development and Local Government.\n (1B) The Act has effect as if Schedule 2 to the Act included, for the Department of Climate Change, Energy, the Environment and Water, an other departmental item.\n (2) The Act has effect:\n (a) as if appropriation items in Schedule 2 to the Act were increased or decreased in accordance with the following table; and\n (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.\n\n```html\n

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease (‑)
($)

1

Department of Industry, Science and Resources

Other departmental item (Equity Injections)

-237,000.00

2

Department of the Treasury

Other departmental item (Equity Injections)

+237,000.00

3

Department of Agriculture, Fisheries and Forestry

Other departmental item (Equity Injections)

-12,817,934.46

4

Department of Climate Change, Energy, the Environment and Water

Other departmental item (Equity Injections)

+12,817,934.46

\n```","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Modification of Appropriation Act (No. 1) 2020‑2021","content":"#### 7 Modification of Appropriation Act (No. 1) 2020‑2021\n\n (1) This section applies to the Appropriation Act (No. 1) 2020‑2021.\n\n(1A) The Act has effect:\n\n (a) as if Outcome 1 for the National Recovery and Resilience Agency in Schedule 1 to the Act were replaced with the following outcome:\n Outcome 1\n To lead Commonwealth action and national efforts to improve preparedness for, reduce risks associated with, and support all-hazards relief and recovery from, disasters and emergencies of all kinds, including by providing strategic leadership, policy advice and program delivery, community outreach and stakeholder engagement\n\n(1B) Assuming that the substitutions described in subsection (1A) have happened, the Act has effect:\n\n(a) as if an administered item were included for the National Recovery and Resilience Agency in Schedule 1 to the Act opposite the following outcome:\n\nOutcome 1\n\nTo lead Commonwealth action and national efforts to improve preparedness for, reduce risks associated with, and support all-hazards relief and recovery from, disasters and emergencies of all kinds, including by providing strategic leadership, policy advice and program delivery, community outreach and stakeholder engagement\n\n (2) The Act has effect:\n (a) as if appropriation items in Schedule 1 to the Act were increased or decreased in accordance with the following table; and\n (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.\n\n```html\n

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease (‑)
($)

1

Department of Industry, Science and Resources

Administered item, Outcome 4

-14,350,875.43

2

Department of the Treasury

Administered item, Outcome 1

+14,350,875.43

3

Australian Competition and Consumer Commission

Departmental item

-3,438,378.20

4

Infrastructure and Project Financing Agency

Departmental item

-1,578,665.87

5

Department of the Treasury

Departmental item

+7,604,488.68

6

Australian Securities and Investments Commission

Departmental item

-4,143,356.36

7

Australian Taxation Office

Departmental item

+4,143,356.36

8

Department of the Prime Minister and Cabinet

Departmental item

-6,271,000.00

9

National Recovery and Resilience Agency

Departmental item

+6,130,000.00

10

Department of Industry, Science and Resources

Departmental item

-2,587,444.61

11

Digital Transformation Agency

Departmental item

-825,835.91

12

Australian Public Service Commission

Departmental item

+825,835.91

13

Department of Agriculture, Fisheries and Forestry

Administered item, Outcome 3

-159,000.00

14

Department of Home Affairs

Administered item, Outcome 1

-751,000.00

15

National Recovery and Resilience Agency

Administered item, Outcome 1

+811,000.00

16

Department of Industry, Science and Resources

Administered item, Outcome 2

-4,463,124.17

17

Department of Industry, Science and Resources

Administered item, Outcome 3

-14,917,279.38

18

Department of Climate Change, Energy, the Environment and Water

Administered item, Outcome 1

19,380,403.55

19

Attorney-General’s Department

Departmental item

-26,698,353.37

20

Department of Employment and Workplace Relations

Departmental item

26,698,353.37

21

Attorney-General’s Department

Administered item, Outcome 2

-13,818,953.43

22

Department of Employment and Workplace Relations

Administered item, Outcome 3

13,818,953.43

23

Department of Agriculture, Fisheries and Forestry

Administered item, Outcome 1

-76,826,604.00

24

Department of Climate Change, Energy, the Environment and Water

Administered item, Outcome 2

+76,826,604.00

25

Department of Agriculture, Fisheries and Forestry

Administered item, Outcome 5

-52,796,000.00

26

Department of Climate Change, Energy, the Environment and Water

Administered item, Outcome 4

52,796,000.00

27

National Emergency Management Agency

Administered item, Outcome 1

+99,000.00

28

National Emergency Management Agency

Departmental item

+141,000.00

29

Department of Education

Administered item, Outcome 3

-1,550,029,464.05

30

Department of Education

Administered item, Outcome 4

-315,876,031.76

31

Department of Employment and Workplace Relations

Administered item, Outcome 1

+315,876,031.76

32

Department of Employment and Workplace Relations

Administered item, Outcome 2

+1,550,029,464.05

33

Fair Work Ombudsman and Registered Organisations Commission Entity

Departmental item

-4,000,000.00

34

Office of the Fair Work Ombudsman

Departmental item

+4,000,000.00

\n```","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Modification of Appropriation Act (No. 2) 2020‑2021","content":"#### 8 Modification of Appropriation Act (No. 2) 2020‑2021\n\n (1) This section applies to the Appropriation Act (No. 2) 2020‑2021.\n (1A) The Act has effect as if:\n (a) references in the Act to the Minister for Infrastructure, Transport and Regional Development were references to the Minister for Infrastructure, Transport, Regional Development and Local Government; and\n (b) references in the Act to the Minister for Agriculture, Drought and Emergency Management were omitted.\n\n(1B) The Act has effect as if Schedule 2 to the Act included, for the Department of Employment and Workplace Relations, an other departmental item.\n\n(1C) The Act has effect as if Schedule 2 to the Act included, for the Department of Climate Change, Energy, the Environment and Water:\n\n (a) an other departmental item; and\n (b) an administered assets and liabilities item.\n (2) The Act has effect:\n (a) as if appropriation items in Schedule 2 to the Act were increased or decreased in accordance with the following table; and\n (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.\n\n```html\n

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease (‑)
($)

1

Department of Industry, Science and Resources

Other departmental item (Equity Injections)

-253,015.04

2

Department of the Treasury

Other departmental item (Equity Injections)

+253,015.04

3

Department of Education

Other departmental item (Equity Injections)

-27,968,008.82

4

Department of Employment and Workplace Relations

Other departmental item (Equity Injections)

+27,968,008.82

5

Department of Agriculture, Fisheries and Forestry

Administered assets and liabilities item

-32,906,000.00

6

Department of Climate Change, Energy, the Environment and Water

Administered assets and liabilities item

+32,906,000.00

7

Department of Agriculture, Fisheries and Forestry

Other departmental item (Equity Injections)

-15,577,460.04

8

Department of Climate Change, Energy, the Environment and Water

Other departmental item (Equity Injections)

+15,577,460.04

\n```","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Modification of Appropriation Act (No. 3) 2020‑2021","content":"#### 9 Modification of Appropriation Act (No. 3) 2020‑2021\n\n (1) This section applies to the Appropriation Act (No. 3) 2020‑2021.\n (2) The Act has effect:\n (a) as if appropriation items in Schedule 1 to the Act were increased or decreased in accordance with the following table; and\n (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.\n\n```html\n

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease (‑)
($)

1

Department of Industry, Science and Resources

Departmental item

-667,889.71

2

Department of Infrastructure, Transport, Regional Development, Communications and the Arts

Departmental item

+667,889.71

3

Department of Industry, Science and Resources

Administered item, Outcome 3

-39,946,000.00

4

Department of Climate Change, Energy, the Environment and Water

Administered item, Outcome 1

+39,946,000.00

5

Department of Education

Administered item, Outcome 3

-11,488,000.00

6

Department of Education

Administered item, Outcome 4

-219,071,000.00

7

Department of Employment and Workplace Relations

Administered item, Outcome 1

+219,071,000.00

8

Department of Employment and Workplace Relations

Administered item, Outcome 2

+11,488,000.00

\n```","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Modification of Appropriation Act (No. 4) 2020‑2021","content":"#### 10 Modification of Appropriation Act (No. 4) 2020‑2021\n\n (1) This section applies to the Appropriation Act (No. 4) 2020‑2021.\n (2) The Act has effect as if an administered assets and liabilities item for the National Recovery and Resilience Agency were included in Schedule 1 to the Act.\n (2A) The Act has effect as if an administered assets and liabilities item for the National Emergency Management Agency were included in Schedule 1 to the Act.\n (3) The Act has effect:\n (a) as if appropriation items in Schedule 1 to the Act were increased or decreased in accordance with the following table; and\n (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.\n\n```html\n

Increases and decreases in appropriation items

Item

Entity

Appropriation item

Increase (+)/
decrease (‑)
($)

1

Department of Home Affairs

Administered assets and liabilities item

‑5,143,609.00

2

National Recovery and Resilience Agency

Administered assets and liabilities item

+715,104.00

3

Department of Education

Other departmental item (Equity Injections)

-158,000.00

4

Department of Employment and Workplace Relations

Other departmental item (Equity Injections)

+158,000.00

5

National Emergency Management Agency

Administered assets and liabilities item

+4,428,505.00

\n```","sortOrder":9}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"This Determination performs the standard PGPA s75 function of adjusting appropriation legislation to reflect machinery‑of‑government and administrative changes: renaming portfolios/departments, creating appropriation items for newly formed or renamed agencies, and reallocating appropriation amounts between existing items. It does not add new substantive powers or new program policy objectives beyond reassigning which department or portfolio holds appropriation authority. In that sense the instrument remains within the original technical scope of enabling legal adjustments to appropriations to match administrative arrangements (see s3, s4A and s5–s10)."},"complexity_factors":["Multiple statutory cross‑references: this Determination modifies four separate Appropriation Acts and two Supply Acts (Supply Act (No.1) and Supply Act (No.2) 2020‑21) across multiple sections (s5–s10).","Defined terms: several key definitions (Appropriation Act, appropriation item, entity) in s4 that feed into many \"as if\" substitutions.","Extensive \"as if\" legal fiction: repeated conditional language (\"has effect as if\") that requires reading the original Acts through substituted names and items (s4A and each modification section).","Large numeric schedules: many detail‑heavy tables listing increases/decreases for dozens of departmental and administered items, including very large figures (e.g. multi‑hundred‑million and billion‑dollar adjustments) — these require careful reconciliation to original Acts (s5–s10).","Multiple types of appropriation changes: departmental items, administered items, other departmental items (equity injections), and administered assets and liabilities items are all used, increasing bookkeeping complexity (appears throughout s5–s10).","Interconnected portfolio and entity transfers: section 4A moves whole entities between portfolios and later sections move the financial lines for those entities, producing multiple cross‑links to track.","Conditional numeric rules: each modification contains the rule that increases to items created by the Determination are to be treated as from a nil base, which is an extra interpretive step when reconciling budgets (repeated in s5(3), s6(2) etc.).","Operational/administrative complexity: the instrument effects machinery‑of‑government reallocation (new items, renamed departments, moved assets/liabilities), creating practical implementation tasks across agencies and central financial controls (implicit from the content of s4A and s5–s10)."],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This Determination, made under section 75 of the Public Governance, Performance and Accountability Act 2013 (s3), changes how the 2020–21 Supply and Appropriation Acts operate \"for the purposes of\" the Commonwealth budget. It does this by saying the Acts should be read \"as if\" certain portfolio and department names were different, as if particular appropriation items and outcomes were included for newly named or moved entities, and as if many specific appropriation amounts were increased or decreased according to the tables in the Determination (see s4, s4A, and s5–s10).\n\n- Practically, the Determination (a) renames or reassigns references to portfolios and departments in the Appropriation Acts (s4A(1)); (b) transfers whole appropriation items and outcomes for listed statutory entities from one portfolio to another (s4A(2)); (c) creates new departmental and administered appropriation items and outcomes for newly formed or renamed agencies (for example Sport Integrity Australia, the Department of Climate Change, Energy, the Environment and Water, the National Emergency Management Agency, and the Department of Employment and Workplace Relations) (see s5(2), s5(2A)–(2J), s6(1B), s7(1A)–(1B), s8(1B)–(1C), s10(2)–(2A)); and (d) adjusts the dollar amounts attached to many appropriation items across the Supply Acts and Appropriation Acts Nos 1–4 2020–21 by specific increases and decreases listed in detailed tables (see the tables in s5–s10).\n\n- The instrument uses repeated \"as if\" language so that, for accounting and legal purposes, the original Acts are treated as if the portfolio names, items and dollar amounts were already changed. It also includes a rule that when an increase is specified for an appropriation item created by this Determination, that increase is to be treated as a movement from a nil base (so newly created items can be given budget authority immediately) (see the end of each modification section, e.g. s5(3)).\n\n**Who is directly affected\n\n- Commonwealth departments and agencies whose appropriation lines are renamed, created, removed or moved. Examples (explicitly named in s4A and elsewhere) include: Bureau of Meteorology, Director of National Parks, Great Barrier Reef Marine Park Authority, Murray‑Darling Basin Authority, Australian Federal Police, Australian Criminal Intelligence Commission, Clean Energy Regulator, Australian Renewable Energy Agency, Digital Transformation Agency, National Recovery and Resilience Agency, Sport Integrity Australia, the Office of the Fair Work Ombudsman, and many others.\n\n- Portfolio ministers: the Determination changes which ministerial portfolio is identified as responsible for particular appropriation items (e.g. moving some items to the Department of Climate Change, Energy, the Environment and Water; moving some Attorney‑General’s items to Employment and Workplace Relations) (see s4A and s5–s10).\n\n- Central agencies (Treasury and Finance) and the Parliament’s budget/accountability machinery, because the legal footing for who holds appropriation authority changes and new or amended appropriation lines must be reported and audited in agency financial statements (see s3, s5–s10).\n\n- Program recipients and suppliers may be indirectly affected if administrative control of programs, assets/liabilities, or equity injections moves to a different department (see the administered items and equity injections in s6–s10).\n\n**Why it matters (official purpose and practical effects)\n\n- Officially, instruments like this are used to implement machinery‑of‑government changes and to align appropriation law with the administrative arrangements (that is, which minister/department is supposed to run which programs). This Determination explicitly reassigns items between portfolios and creates appropriation items for newly formed or renamed departments and agencies (see s4A, s5(2)–(2J), s7(1A)–(1B), s8(1B)–(1C), s10(2)–(2A)).\n\n- Mechanically, the Determination shifts legal budget authority. Large numerical transfers in the tables move funding and budget responsibility between named departments and outcomes (for example, substantial sums moved to the Department of Climate Change, Energy, the Environment and Water; to Employment and Workplace Relations; and large adjustments in Department of Education lines — see the tables in s5, s7 and s9). That changes who can lawfully spend, commit, or be held accountable for those funds.\n\n**Costs, incentives and implementation considerations (how the changes operate as incentives and trade‑offs)\n\n- Who pays and who benefits: the Commonwealth budget as a whole is the source of funds, but specific portfolios and entities gain or lose legal authority for particular appropriation items. The Determination concentrates budget authority for particular functions (for instance, climate‑related assets/liabilities and administered items are moved to the climate department in several places — see s5(2A), s6(1B), s7, s9 and s10 tables). These are concentrated benefits for some portfolios and concentrated reductions for others (the tables show the exact movements).\n\n- Accountability and reporting: moving appropriation items changes which department prepares financial statements and is the accountable authority for programs, grants and assets/liabilities. That imposes administrative and compliance work — transferring records, changing operating procedures, and ensuring continuity of program payments and legal obligations (implicit consequence of reassigning administered items and outcomes in s5–s10).\n\n- Implementation risk and transition costs: the Determination treats Acts \"as if\" the changes had already occurred. That legal fiction smooths the budgetary transition but creates operational tasks — migrating staff, systems, contracts and statutory obligations to the receiving department — which can create short‑term operational risk and transaction costs.\n\n- Contractual and third‑party effects: the Determination does not directly change private contracts, but moving control of a program or asset to another department can change procurement, points of contact, and administrative practices. Suppliers and recipients will need to interact with different officials and possibly different grant or procurement terms (this follows from the reassignment of administered items and outcomes in the tables in s5–s10).\n\n- Fiscal transparency: because the Determination adjusts many line items across different Appropriation and Supply Acts, it matters for tracking expenditure responsibility and for parliamentary oversight. The instrument explicitly lists numeric increases/decreases so the legal appropriation record matches the administrative allocation (see the numerical tables in s5–s10).\n\n**Concrete examples from the Determination (where to look)\n\n- Portfolio/name substitutions and entity moves: s4A(1) and s4A(2) (renames and lists of entities moved between portfolios).\n- Creation of a departmental appropriation and outcome for Sport Integrity Australia: s5(2) and the accompanying table in s5.\n- New departmental items and large dollar reallocations to the Department of Climate Change, Energy, the Environment and Water and other departments: s5(2A)–(2J) and the s5 table.\n- Equity injections and transfers of administered assets/liabilities between departments (Supply Act No.2 and Appropriation Acts): see s6 table and the tables in s8–s10 where equity injections and administered assets/liabilities items move between departments.\n\n**Bottom line (who decides, who pays, what changes in behaviour)\n\n- Who decides: the instrument is made by the appropriate executive authority under s75 of the PGPA Act; it operates by modifying how existing appropriation legislation is read.\n- Who pays: funds remain Commonwealth appropriations; this Determination reallocates which department or entity has authority to spend or administer specific appropriations.\n- Behavioural change: departments and ministers named in the Determination will assume or cede administrative responsibility, update financial reporting and operational arrangements, and interact differently with program recipients and suppliers. The numeric tables define the immediate legal shifts in budget authority.\n\n(References: definitions at s4; portfolio/entity reassignments at s4A; specific creation of items and numeric tables at s5–s10.)"},"kimi_summary":{"_metrics":{"completionTokens":443},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: facilitating machinery of government changes through budgetary adjustments. No expansion beyond this core function."},"complexity_factors":["Multiple cross-referenced Appropriation Acts (6 separate Acts modified)","Extensive tabular data with 70+ individual appropriation adjustments","Nested conditional logic — \"as if\" modifications that assume other modifications have already occurred","Newly created entities and outcomes requiring insertion into existing legislative schedules","Portfolio restructure mapping requires tracking 20+ entity movements between departments"],"plain_english_summary":"This instrument implements a machinery-of-government budget fix: when the government reshuffles departments it transfers and renames appropriation items across six 2020–21 Appropriation Acts so funding, agencies and new departmental items sit with the new portfolio structure. \n\nIt affects public servants, contractors and grant recipients by retrospectively aligning legal funding with the reorganised departments so money and functions move lawfully and without interruption."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2020-2021","history":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2020-2021/history","analysis":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2020-2021/analysis","conflicts":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2020-2021/conflicts","importantCases":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2020-2021/important-cases","documents":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2020-2021/documents"}}