{"id":"F2024L00852","name":"Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2024-2025","slug":"public-governance-performance-and-accountability-section-75-transfers-determination-2024-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105295,"registerId":"commonwealth-F2024L00852-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 instrument is the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2024-2025.","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 Appropriation Act (No. 1) 2024-2025; or\n (b) the Appropriation Act (No. 2) 2024-2025; or\n (c) the Appropriation Act (No. 3) 2024-2025; or\n (d) the Appropriation Act (No. 4) 2024-2025.\n\n> appropriation item means an item 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 Health and Aged Care portfolio were references to the Health, Disability and Ageing portfolio; and\n (b) references in the Acts to the Department of Health and Aged Care were references to the Department of Health, Disability and Ageing; and\n (c) references in the Acts to the Infrastructure, Transport, Regional Development, Communications and the Arts portfolio were references to the Infrastructure, Transport, Regional Development, Communications, Sport and the Arts portfolio; and\n (d) references in the Acts to the Department of Infrastructure, Transport, Regional Development, Communications and the Arts were references to the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts.\n (2) The Appropriation Acts have effect as if:\n (a) items and outcomes for the following entities, included for the Attorney‑General’s portfolio, were instead included for the Home Affairs portfolio:\n (i) Australian Criminal Intelligence Commission;\n (ii) Australian Federal Police;\n (iii) Australian Institute of Criminology;\n (iv) Australian Security Intelligence Organisation;\n (v) Australian Transaction Reports and Analysis Centre; and\n (b) items and outcomes for the Australian Financial Security Authority, included for the Attorney-General’s portfolio, were instead included for the Treasury portfolio; and\n (c) items and outcomes for the following entities, included for the Health, Disability and Ageing portfolio, were instead included for the Infrastructure, Transport, Regional Development, Communications, Sport and the Arts portfolio:\n (i) Australian Sports Commission;\n (ii) Sport Integrity Australia; and\n (d) items and outcomes for the Net Zero Economy Authority, included for the Prime Minister and Cabinet portfolio, were instead included for the Industry, Science and Resources portfolio; and\n (e) items and outcomes for the following entities, included for the Social Services portfolio, were instead included for the Health, Disability and Ageing portfolio:\n (i) National Disability Insurance Agency;\n (ii) NDIS Quality and Safeguards Commission; and\n (f) items and outcomes for Services Australia, included for the Social Services portfolio, were instead included for the Finance portfolio.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Modification of Appropriation Act (No. 1) 2024-2025","content":"#### 5 Modification of Appropriation Act (No. 1) 2024-2025\n\n (1) This section applies to the Appropriation Act (No. 1) 2024-2025.\n\n(1A) The Act has effect as if Schedule 1 to the Act included:\n\n a departmental item for the Administrative Review Tribunal; and\n the following outcome for that entity:\n\nOutcome 1\n\nProvide correct or preferable decisions through a mechanism of independent review of administrative decisions that is fair and just, quick, informal, accessible and responsive, contributes to improving the quality of government decision-making, and promotes public trust and confidence in the Tribunal\n\n(1B) The Act has effect as if Schedule 1 to the Act included for the Parliamentary Workplace Support Service an administered item opposite the following outcome:\n\nOutcome 1\n\nSupport Commonwealth parliamentary workplace participants to build and maintain safe and respectful workplaces, including by supporting positive cultural change and providing human resource functions to parliamentarians and their staff\n\n \n\n (1C) The Act has effect as if Schedule 1 to the Act included:\n\n a departmental item for the Net Zero Economy Authority; and\n an administered item for that entity opposite the following outcome:\n\nOutcome 1\n\nFacilitate the achievement of Australia’s greenhouse gas emissions targets by empowering communities, regions and workers most affected by Australia’s transition to a net zero emissions economy to anticipate and respond to the risks and opportunities of the transition, including through: facilitating investment, supporting workers, building community engagement and coordinating net zero related policies and programs\n\n (1D) The Act has effect as if Schedule 1 to the Act included:\n\n a departmental item for the National Commission for Aboriginal and Torres Strait Islander Children and Young People; and\n the following outcome for that entity:\n\nOutcome 1\n\nAmplifying the voices of Aboriginal and Torres Strait Islander children and young people, by providing strategic, independent and impartial advice about policy, reforms and services, and promoting and enhancing coordination on matters related to Aboriginal and Torres Strait Islander children and young people\n\n (1E) The Act has effect as if an administered item were included for the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts in Schedule 1 to the Act opposite the following outcome:\n\nOutcome 7\n\nContribute to healthy, active communities and a sustainable sport system through policy development, coordination and targeted support\n\n (1F) The Act has effect as if Outcome 4 for the Department of Health, Disability and Ageing in Schedule 1 to the Act were omitted and substituted with the following outcome:\n\nOutcome 4\n\nSupporting the independence of people with disability and carers by providing targeted supports\n\n (2) 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 (‑)
($)

1

Australian Taxation Office

Departmental item

‑31,131,252.83

2

Australian Securities and Investments Commission

Departmental item

+31,131,252.83

3

Bureau of Meteorology

Departmental item

-12,370,000.00

4

National Emergency Management Agency

Departmental item

+12,370,000.00

5

National Mental Health Commission

Administered item, Outcome 1

‑1,432,214.56

6

Department of Health, Disability and Ageing

Administered item, Outcome 1

+1,432,214.56

7

National Mental Health Commission

Departmental item

-1,648,994.46

8

Department of Health, Disability and Ageing

Departmental item

+19,462,131.89

9

Administrative Appeals Tribunal

Departmental item

-259,289,000.00

10

Administrative Review Tribunal

Departmental item

+259,289,000.00

11

Department of Home Affairs

Departmental item

-921,714.00

12

Attorney-General’s Department

Departmental item

+680,263.00

13

Department of Finance

Departmental item

-31,448.11

14

Parliamentary Workplace Support Service

Departmental item

+1,588,448.11

15

Department of Finance

Administered item, Outcome 3

-82,159.92

16

Parliamentary Workplace Support Service

Administered item, Outcome 1

+82,159.92

17

Australian Public Service Commission

Departmental item

-1,557,000.00

18

Department of the Prime Minister and Cabinet

Departmental item

‑45,126,491.17

19

Net Zero Economy Authority

Departmental item

+45,126,491.17

20

Department of the Prime Minister and Cabinet

Administered item, Outcome 1

-5,114,690.41

21

Net Zero Economy Authority

Administered item, Outcome 1

+5,114,690.41

22

Department of Social Services

Departmental item

-21,398,843.63

23

National Commission for Aboriginal and Torres Strait Islander Children and Young People

Departmental item

+764,670.00

24

Department of Social Services

Administered item, Outcome 4

-51,591,884.28

25

Department of the Treasury

Administered item, Outcome 1

+51,591,884.28

26

Department of Health, Disability and Ageing

Administered item, Outcome 4 (sport and recreation)

-52,402,972.32

27

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

Administered item, Outcome 7

+52,402,972.32

28

Department of the Treasury

Departmental item

+3,062,487.20

29

Department of Social Services

Administered item, Outcome 3

-255,367,138.48

30

Department of Health, Disability and Ageing

Administered item, Outcome 4 (National Disability Insurance Scheme)

+255,367,138.48

\n```","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Modification of Appropriation Act (No. 2) 2024‑2025","content":"#### 6 Modification of Appropriation Act (No. 2) 2024‑2025\n\n (1) This section applies to the Appropriation Act (No. 2) 2024-2025.\n (2) The Act has effect as if Schedule 2 to the Act included, for the Administrative Review Tribunal, an other departmental item.\n (3) 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 (‑)
($)

1

Administrative Appeals Tribunal

Other departmental item (Equity Injections)

-2,316,000.00

2

Administrative Review Tribunal

Other departmental item (Equity Injections)

+2,316,000.00

\n```","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Modification of Appropriation Act (No. 3) 2024-2025","content":"#### 7 Modification of Appropriation Act (No. 3) 2024-2025\n\n This section applies to the Appropriation Act (No. 3) 2024-2025.\n The Act has effect as if an administered item were included for the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts in Schedule 1 to the Act opposite the following outcome:\n\nOutcome 7\n\nContribute to healthy, active communities and a sustainable sport system through policy development, coordination and targeted support\n\n (2A) The Act has effect as if Outcome 4 for the Department of Health, Disability and Ageing in Schedule 1 to the Act were omitted and substituted with the following outcome:\n\nOutcome 4\n\nSupporting the independence of people with disability and carers by providing targeted supports\n\n (3) 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 (‑)
($)

1

Department of Health, Disability and Ageing

Administered item, Outcome 4 (sport and recreation)

-4,400,177.53

2

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

Administered item, Outcome 7

+4,400,177.53

3

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

Departmental item

-448,943.57

4

Department of the Treasury

Departmental item

+448,943.57

5

Department of Social Services

Administered item, Outcome 3

-484,833,000.00

6

Department of Health, Disability and Ageing

Administered item, Outcome 4 (National Disability Insurance Scheme)

+484,833,000.00

7

Department of Social Services

Administered item, Outcome 4

-20,170,000.00

8

Department of the Treasury

Administered item, Outcome 1

+20,170,000.00

\n```","sortOrder":6}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation performs exactly its intended purpose under section 75 of the PGPA Act — transferring appropriations between entities and modifying Appropriation Acts to reflect machinery of government changes. The scope remains tightly focused on budgetary administration and has not expanded beyond this core function."},"complexity_factors":["Multiple cross-references to four separate Appropriation Acts (No. 1, 2, 3 and 4) 2024-2025","38 separate money transfers across three detailed tables with precise dollar amounts","Nested modifications: some sections modify the Appropriation Acts generally, while others modify specific Acts (No. 1, No. 2, No. 3)","Conditional logic in subsections (1A)-(1F) creating fictional 'as if' scenarios for new entities","Portfolio reassignments affecting 11 separate government agencies across 6 portfolio moves","Requires understanding of 'departmental items' vs 'administered items' vs 'other departmental items' (standard budget terminology)"],"plain_english_summary":"This budget-housekeeping instrument reallocates funding and responsibilities across the Australian Government for 2024–25: it renames departments, shifts agencies between portfolios, creates new bodies (e.g., Administrative Review Tribunal, Parliamentary Workplace Support Service, Net Zero Economy Authority, National Commission for Aboriginal and Torres Strait Islander Children and Young People), and moves hundreds of millions of dollars (including NDIS, tribunal and sport funding).\n\nIt affects public servants, people and businesses dealing with these agencies, and taxpayers — and is required so renamed or new entities can legally spend already‑appropriated funds after machinery‑of‑government changes."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument operates as a machinery‑of‑government/appropriation technical instrument under section 75 of the PGPA Act: it reassigns, renames and creates appropriation items so the Appropriation Acts reflect current portfolio and agency arrangements. Those changes are within the normal scope of section 75 (reallocating appropriation items to match administrative/ministerial changes). Although the instrument contains many and some large transfers (notably NDIS and tribunal funding), it does not extend the legal scope beyond reallocating existing appropriation authority and updating Schedule outcomes; it does not create new net spending or novel kinds of legal obligations outside the usual purpose of such determinations (see ss3–7)."},"complexity_factors":["Multiple Appropriation Acts covered (No. 1–4) with cross‑references (s4 definition and ss5–7)","Relabelling of portfolio and department names (s4A(1)) affecting all Schedule references","Six grouped transfers of entities between portfolios (s4A(2)(a)–(f))","Addition and substitution of multiple outcomes and appropriation items (Administrative Review Tribunal, Net Zero Economy Authority, Parliamentary Workplace Support Service, National Commission) (ss5(1A)–(1E), s7(1)–(2A))","Large tables of line‑by‑line monetary movements across ~30+ items in s5, plus additional tables in s6 (2 items) and s7 (8 items)","Conditional drafting that treats increases for items created by the instrument as if from a nil amount (repeated phrase in ss5(2), 6(3), 7(3))","Mix of departmental and administered items and equity injections (requires different accounting/treatment)","Outcome substitutions (Outcome 4 and Outcome 7) that change reporting metrics linked to appropriations","Numeric precision and many separate transfers (including very large sums) increasing operational complexity to implement and reconcile across agency financial systems"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- It tells the Appropriation Acts for 2024–25 to be read as if certain portfolio names, agency allocations and budget line items had been changed. (An Appropriation Act is a law that authorises government spending; an appropriation item is a particular line of authorised spending in those Acts.)\n- It renames two portfolio/department references in the Appropriation Acts: references to the Health and Aged Care portfolio/Department become Health, Disability and Ageing; and references to Infrastructure, Transport, Regional Development, Communications and the Arts become Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (see s4A(1)).\n- It transfers responsibility for specific entities and their appropriation items between portfolios so the spending lines in the Appropriation Acts match current machinery‑of‑government arrangements (see s4A(2) and multiple provisions in ss5–7). Examples: several law‑enforcement/security entities move from the Attorney‑General’s portfolio into the Home Affairs portfolio; the Australian Financial Security Authority moves from Attorney‑General’s to Treasury; some sport bodies move from Health, Disability and Ageing into the Infrastructure…Sport portfolio; the Net Zero Economy Authority moves from Prime Minister and Cabinet into Industry, Science and Resources; Services Australia moves from Social Services to Finance; and NDIS bodies move from Social Services to Health, Disability and Ageing (s4A(2)(a)–(f); see s5 and s7 for specific outcome changes and item movements).\n- It creates new appropriation items and outcomes in the Appropriation Acts for new or reorganised entities. Notable additions are a departmental item and outcome for an Administrative Review Tribunal (s5(1A)); departmental and administered items/outcomes for the Net Zero Economy Authority (s5(1C)); a departmental item and outcome for the National Commission for Aboriginal and Torres Strait Islander Children and Young People (s5(1D)); and administered and departmental items for the Parliamentary Workplace Support Service (s5(1B) and items in the tables).\n- It substitutes or updates outcome statements in Schedule 1 for specified departments (for example, Outcome 4 for the Department of Health, Disability and Ageing is replaced with an outcome focused on supporting the independence of people with disability and carers; Outcome 7 for the infrastructure/sport department is added) (see s5(1F) and s7(2A)).\n- It reallocates specific dollar amounts between appropriation items. The instrument contains multiple tables of line‑by‑line increases and decreases, moving funds between named entities and outcomes so totals balance across the Acts (see tables in ss5(2), 6(3), 7(3)). Examples from those tables include: transferring about $259.289 million from the Administrative Appeals Tribunal to a newly created Administrative Review Tribunal (s5 table items 9–10); moving several hundred million dollars in administered NDIS funding from the Department of Social Services to the Department of Health, Disability and Ageing (s5 and s7 tables, items 29–30 and items in s7); and smaller technical transfers such as ATO to ASIC, Bureau of Meteorology to the National Emergency Management Agency, and the creation of equity injections for the Administrative Review Tribunal (s5 and s6 tables).\n\n**Who it affects**\n\n- Federal departments and statutory agencies listed in the instrument: their appropriation lines, ministerial portfolio alignment and outcomes in the Appropriation Acts are altered. Key affected bodies include (but are not limited to) the Administrative Appeals Tribunal, Administrative Review Tribunal (new), National Disability Insurance Agency and related NDIS bodies, Net Zero Economy Authority, Australian Criminal Intelligence Commission, AFP, ASIO, AUSTRAC, Australian Sports Commission, Sport Integrity Australia, Services Australia, ASIC, ATO, Bureau of Meteorology, National Emergency Management Agency, and the Parliamentary Workplace Support Service (see s4A, s5–s7).\n- Ministers and portfolio offices: the ministerial responsibility attached to particular spending lines is reassigned (for example, items moved from Attorney‑General’s portfolio to Home Affairs) (s4A(2)).\n- Treasury / Finance and agency finance teams: accounting, reporting and internal controls must reflect the new legal allocations and portfolio responsibilities.\n\n**Why it matters (practical effects and implementation issues)**\n\n- Legal effect: the instrument has the legal force of re‑labelling, re‑allocating and creating appropriation items in the referenced Appropriation Acts so that parliamentary authorisations for spending match the government’s current machinery of government arrangements (s3, s4A, ss5–7). After this instrument takes effect, agencies must treat the Appropriation Acts as if the specified changes already existed.\n- Who pays and who decides: the source of funds remains the consolidated appropriation authorised by the Appropriation Acts; this instrument simply reassigns which portfolio/agency line in those Acts carries the appropriation. The Commonwealth (via the responsible ministers and the Finance/Treasury processes) is the decision‑maker that changes responsibility for program delivery and financial control (ss3–7).\n- Behavioural changes required: departments and agencies receiving or losing items will need to adjust budgets, reporting lines, program administration, grant and contract management, financial delegations, and public reporting to match the new appropriations and outcomes. Finance systems and inter‑agency ledger entries will be updated to reflect moved amounts (see the tables in ss5–7 for exact sums).\n- Costs, incentives and trade‑offs: the instrument reallocates concentrated sums to particular agencies (positive budgetary effect for gaining agencies; negative for those reduced). It does not itself create new net public spending but shifts legal authority for spending between budget lines. The practical cost is administrative — implementation work, changed governance and possible short‑term transaction costs in transferring program responsibility (see s5 and s7 tables showing large NDIS and tribunal transfers). Reassignment of program control can change incentives about procurement, program design, and internal prioritisation because a different department or minister now oversees those activities (s4A(2); ss5–7).\n- Implementation risk and compliance burden: significant reassignments (for example, the large NDIS funding moves between Social Services and Health, Disability and Ageing) carry operational risk: transferring staff, contracts, IT systems and accountabilities will require coordination and may temporarily affect service continuity (s5/s7 tables). Agencies must update compliance, audit and reporting arrangements to align with the new appropriation ownership.\n- Effects on private enterprise and third parties: the instrument is primarily internal to government finance. It does not change private parties’ statutory rights directly. Indirect effects can arise where program administration moves to a different department with different supplier relationships or procurement practices — that can alter where contracts are managed, but the instrument does not itself change existing contracts (see s4A and the appropriation tables).\n- Concentrated benefits and diffuse costs: several agencies receive sizeable increases in appropriation items (e.g. Administrative Review Tribunal, Department of Health for NDIS items, Net Zero Economy Authority, Department of Infrastructure for sport outcomes) while others record corresponding decreases (see the tables in ss5 and s7). The financial winners and losers are specific agencies; the fiscal impact on the consolidated budget is redistributive within existing appropriations rather than additive.\n\n**Key provisions to look at**\n- s4A: portfolio name changes and lists the entity transfers between portfolios.\n- s5 and its tables: adds new items/outcomes (Administrative Review Tribunal, Net Zero Economy Authority, National Commission for Aboriginal and Torres Strait Islander Children and Young People, Parliamentary Workplace Support Service) and shows the detailed dollar transfers between many agencies.\n- s6 and its table: equity injection adjustments between Administrative Appeals Tribunal and the Administrative Review Tribunal.\n- s7 and its tables: further item adjustments and outcome substitutions (notably sport outcome moves and large NDIS funding reallocations).\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2024-2025","history":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2024-2025/history","analysis":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2024-2025/analysis","conflicts":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2024-2025/conflicts","importantCases":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2024-2025/important-cases","documents":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2024-2025/documents"}}