{"id":"F2025L00794","name":"Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2025-2026","slug":"public-governance-performance-and-accountability-section-75-transfers-determination-2025-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106538,"registerId":"commonwealth-F2025L00794-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 2025-2026.","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) 2025-2026; or\n (b) the Supply Act (No. 2) 2025-2026; or\n (c) the Appropriation Act (No. 1) 2025‑2026; or\n (d) the Appropriation Act (No. 2) 2025-2026.\n\n> appropriation item means an item within the meaning of an Appropriation Act.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Modification of Appropriation Acts","content":"#### 5 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":"6","sectionType":"section","heading":"Modification of Supply Act (No. 1) 2025-2026","content":"#### 6 Modification of Supply Act (No. 1) 2025-2026\n\n (1) This section applies to the Supply Act (No. 1) 2025-2026.\n (2) The Act has effect as if:\n (a) 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 Outcome 4\n Supporting the independence of people with disability and carers by providing targeted supports\n (b) 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 Outcome 7\n Contribute to healthy, active communities and a sustainable sport system through policy development, coordination and targeted support\n (2A) The Act has effect as if Schedule 1 to the Act included:\n (a) a departmental item for the Defence and Veterans’ Services Commission; and\n (b) the following outcome for that entity:\n Outcome 1\n Improve suicide prevention and wellbeing outcomes for serving Australian Defence Force members and Veterans by providing independent oversight and evidence-based advice to the Australian Government and Parliament, including by monitoring, inquiring and reporting on reforms to systems affecting ADF members and Veterans\n (2B) The Act has effect as if Schedule 1 to the Act included:\n (a) a departmental item for the Australian Naval Nuclear Power Safety Regulator; and\n (b) the following outcome for that entity:\n Outcome 1\n Assure the protection of people and the environment and the regulation of naval nuclear power activities across the lifecycle of Australia’s conventionally-armed, nuclear-powered submarine capability\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

Attorney-General’s Department

Departmental item

‑11,385,878.44

2

Department of Health, Disability and Ageing

Departmental item

-7,115,000.00

3

Department of Home Affairs

Departmental item

+10,679,094.39

4

Department of Industry, Science and Resources

Departmental item

-1,040,468.14

5

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

Departmental item

+5,840,155.22

6

Department of the Treasury

Departmental item

+9,359,096.97

7

Attorney-General’s Department

Administered item, Outcome 1

-11,140,833.33

8

Department of Health, Disability and Ageing

Administered item, Outcome 4 (sport and recreation)

-67,020,000.00

9

Department of Health, Disability and Ageing

Administered item, Outcome 4 (National Disability Insurance Scheme)

+28,024,465,465.25

10

Department of Home Affairs

Administered item, Outcome 1

+11,140,833.33

11

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

Administered item, Outcome 7

+67,020,000.00

12

Department of Social Services

Administered item, Outcome 2

-31,785,000.00

13

Department of Social Services

Administered item, Outcome 3

-28,024,465,465.25

14

Department of Social Services

Administered item, Outcome 4

-23,554,000.00

15

Department of the Treasury

Administered item, Outcome 1

+55,339,000.00

16

Department of Health, Disability and Ageing

Corporate entity item, Australian Sports Commission

-187,099,000.00

17

Department of Health, Disability and Ageing

Corporate entity item, National Disability Insurance Agency

+1,004,650,000.00

18

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

Corporate entity item, Australian Sports Commission

+187,099,000.00

19

Department of Social Services

Corporate entity item, National Disability Insurance Agency

-1,004,650,000.00

20

Department of Social Services

Departmental item

-6,337,000.00

21

Department of the Prime Minister and Cabinet

Departmental item

-1,884,233.00

22

Defence and Veterans’ Services Commission

Departmental item

+1,884,233.00

23

Department of Defence

Departmental item

-3,656,250.00

24

Australian Naval Nuclear Power Safety Regulator

Departmental item

+3,656,250.00

\n```","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Modification of Supply Act (No. 2) 2025-2026","content":"#### 7 Modification of Supply Act (No. 2) 2025-2026\n\n (1) This section applies to the Supply Act (No. 2) 2025-2026.\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 Health, Disability and Ageing

Administered Assets and Liabilities item

‑68,370,000.00

2

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

Administered Assets and Liabilities item

+68,370,000.00

3

Department of Health, Disability and Ageing

Corporate entity item, Australian Sports Commission

-296,000.00

4

Department of Health, Disability and Ageing

Corporate entity item, National Disability Insurance Agency

+1,963,000.00

5

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

Corporate entity item, Australian Sports Commission

+296,000.00

6

Department of Social Services

Corporate entity item, National Disability Insurance Agency

-1,963,000.00

\n```","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Modification of Appropriation Act (No. 1) 2025-2026","content":"#### 8 Modification of Appropriation Act (No. 1) 2025-2026\n\n This section applies to the Appropriation Act (No. 1) 2025-2026.\n The Act has effect as if Schedule 1 to the Act included:\n\n a departmental item for the Australian Centre for Disease Control; and\n an administered item for that entity opposite the following outcome:\n\nOutcome 1\n\nProtect and promote the health of all Australians, including through developing, analysing and publishing nationally co-ordinated public health data and evidence-informed expert advice, and through developing, promoting and implementing programs and initiatives to detect, prepare for, prevent and enable responses to public health threats and disease\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

Departmental item

-26,300,000.00

2

Australian Centre for Disease Control

Departmental item

+26,300,000.00

3

Department of Health, Disability and Ageing

Administered item, Outcome 1

-80,100,000.00

4

Australian Centre for Disease Control

Administered item, Outcome 1

+80,100,000.00

\n```","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Modification of Appropriation Act (No. 2) 2025-2026","content":"#### 9 Modification of Appropriation Act (No. 2) 2025-2026\n\n This section applies to the Appropriation Act (No. 2) 2025‑2026.\n The Act has effect as if Schedule 2 to the Act included, for the Australian Centre for Disease Control, an other departmental item.\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 (‑)
($)

1

Department of Health, Disability and Ageing

Other departmental item (Equity Injection)

-7,500,000.00

2

Australian Centre for Disease Control

Other departmental item (Equity Injection)

+7,500,000.00

\n```","sortOrder":7}],"analysis":{"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This instrument implements administrative adjustments to existing appropriation and supply legislation to reflect machinery‑of‑government changes (portfolio renames, agency transfers between portfolios, and the insertion of specific departmental/administered items). It reallocates existing appropriation authority and creates schedule entries for newly recognised entities, but it does not expand the substantive scope of Commonwealth powers or create new policy programs beyond recognising budgetary control shifts. In that sense the instrument stays within the original, narrow purpose of section 75 transfers — aligning legal budget instruments with current portfolio arrangements — rather than growing the legislation's policy scope."},"complexity_factors":["Use of the s.75 PGPA Act 'have effect as if' mechanism (legal effect is by modifying existing Acts rather than creating standalone appropriations)","2 defined terms in the instrument (Appropriation Act and appropriation item) but many external cross‑references to multiple Appropriation and Supply Acts","Multiple modification sections (s.5–s.9) each operating on different primary Acts (Appropriation Acts, Supply Acts (No.1 and No.2), Appropriation Acts (No.1 and No.2))","Large tabular schedules: s.6 contains a 24‑row increases/decreases table; s.7 contains a 6‑row table; s.8 contains a 4‑row table; s.9 contains a 2‑row table — each with departmental/admin/corporate items and monetary values","Nested conditional drafting (e.g. increases for items that 'have effect because of this determination — as if the increase were from a nil amount') appearing in multiple sections","Several machinery‑of‑government transfers affecting many entities (e.g. 6 entities moved from Attorney‑General to Home Affairs; NDIS moved from Social Services to Health; Sports Commission moved across portfolios) requiring cross‑departmental reconciliation","High numeric materiality for some entries (very large sums for NDIS and corporate entity items) increasing practical complexity of implementation and audit","New departmental and administered items introduced for newly recognised entities (e.g. Australian Centre for Disease Control, Defence and Veterans’ Services Commission, Australian Naval Nuclear Power Safety Regulator), adding line‑item complexity","Interplay between departmental items, administered items, corporate entity items and equity injections — different funding types with different accounting treatments"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- This is an administrative funding-adjustment instrument made under section 75 of the Public Governance, Performance and Accountability Act 2013 (s.3). It modifies existing Appropriation and Supply Acts so they read as if certain portfolios, departments and appropriation items were renamed or moved between portfolios, and so that a number of appropriation amounts are increased or decreased to reflect those moves (see sections 5–9).\n\n- It operates by saying the named Appropriation and Supply Acts “have effect as if” the changes listed in the instrument were already part of those Acts. That is the legal mechanism used to reallocate line items and outcomes without re‑passing the original Appropriation or Supply Acts.\n\nKey concrete changes (what and who is affected)\n\n- Portfolio and department name changes: references to the Health and Aged Care portfolio and Department of Health and Aged Care are to be read as references to the Health, Disability and Ageing portfolio and Department of Health, Disability and Ageing; references to the Infrastructure, Transport, Regional Development, Communications and the Arts portfolio and department are to be read as references to the Infrastructure, Transport, Regional Development, Communications, Sport and the Arts equivalents (section 5(1)).\n\n- Transfers of agencies between portfolios (section 5(2)): for example, items for several Attorney‑General’s portfolio entities (Australian Criminal Intelligence Commission, Australian Federal Police, Australian Institute of Criminology, ASIO, AUSTRAC) are to be treated as included in the Home Affairs portfolio; the Australian Financial Security Authority is moved to Treasury; the Australian Sports Commission and Sport Integrity Australia are moved from Health, Disability and Ageing to the Infrastructure/Transport/…/Sport portfolio; the National Disability Insurance Agency (NDIA) and the NDIS Quality and Safeguards Commission are moved from Social Services into Health, Disability and Ageing; Services Australia items are moved from Social Services to the Finance portfolio.\n\n- Creation or recognition of departmental items for newly established entities: the instrument makes Schedule entries (so that appropriation law recognises) departmental items and outcomes for entities such as the Defence and Veterans’ Services Commission and the Australian Naval Nuclear Power Safety Regulator (see sections 6(2A) and 6(2B)), and creates departmental and administered items for an Australian Centre for Disease Control (sections 8–9).\n\n- Financial re‑allocations (sections 6–9 tables): the instrument lists explicit increases and decreases to specific appropriation items across departments and outcomes. Notable line movements in the tables include very large transfers for the National Disability Insurance Scheme (NDIS) from the Department of Social Services to the Department of Health, Disability and Ageing, a large reallocation of Australian Sports Commission funding from Health to the Infrastructure/…/Sport portfolio, and a number of smaller departmental item transfers and equity injections to align budget authority with the new portfolio responsibilities. (See the increases/decreases tables in sections 6–9 for exact amounts and affected items.)\n\nWhy it matters (practical effects and implementation mechanics)\n\n- Who pays and who gains control: the instrument shifts budget authority from some departments/portfolios to others. Departments whose appropriation items are decreased will, on paper, lose budget authority; departments/portfolios with increased items gain budget authority and ministerial oversight for those items (see s.5(2) and the tables in s.6–9). For example, the NDIS-related administered appropriation moves from Social Services to Health, Disability and Ageing (s.6 table items 9 and 13). The Australian Sports Commission funding is moved from Health to the Infrastructure/…/Sport portfolio (s.6 items 16 and 18).\n\n- Who decides and how the change is authorised: the instrument is made under s.75 of the PGPA Act. It does not create new policy or new spending per se; rather it modifies how existing appropriations are treated and which portfolio has administrative control over particular items.\n\n- Behavioural and administrative consequences: operationally, the changes require accounting and administrative updates within Treasury, Finance and affected departments (reconciliation of ledgers, transfer of program management responsibilities, update of outcomes and outputs reporting). Entities moved between portfolios will be subject to different ministerial oversight and departmental support arrangements, which may change internal priorities and management practices (s.5 and the schedule tables). Large transfers (for example, the NDIS line items) increase the scale and visibility of the implementation task and raise potential timing and cash‑management risks.\n\nTesting the stated purpose / practical trade‑offs (brief, concrete)\n\n- Stated purpose: the instrument implements portfolio and departmental changes in the Appropriation and Supply Acts so budgets and outcomes align with current machinery of government arrangements (the instrument itself sets out those mechanical changes, e.g. s.5–9).\n\n- Costs and implementation risk: shifting large appropriation amounts (notably the NDIS lines and Australian Sports Commission funds) requires substantial bookkeeping, potential reissue of departmental financial delegations, and operational transitions (staff, ICT, legal contracts). There is concentrated administrative cost where big program budgets move between departments; those costs will mostly fall on the affected departments in the transition period (see s.6 tables for amounts). The instrument does not itself allocate extra administrative funding for transition beyond the listed appropriation changes.\n\n- Incentives and control: moving an entity’s appropriation to a different portfolio changes which minister and department set oversight priorities and performance expectations for that entity. That change in governance can alter how programs are implemented, how contracts are managed, and which policy trade‑offs are prioritised (mechanism: appropriation and ministerial responsibility reallocation; see s.5(2) and s.6–9 tables).\n\n- Effects on private parties and markets: the instrument primarily reallocates budget authority between parts of government. It does not in itself change private law rights, contract terms, or create new regulatory powers. However, where new departmental oversight leads to different procurement priorities or program rules (outside this instrument), there can be downstream effects on service providers, grant recipients, and suppliers. The instrument only sets the funding control; any program rule changes require separate action.\n\n- Concentrated beneficiaries and diffuse costs: benefits from moving particular appropriations (e.g. agencies or programs being under a different portfolio) are concentrated in those portfolios and their ministerial agendas; costs of transition (administrative effort, short‑term reallocation burdens) are borne by affected departments and by central agencies responsible for financial reconciliation (Treasury/Finance).\n\nPractical note for users\n\n- To see the exact dollar movements, outcomes affected, and which departmental/admin/corporate items move, consult the increases/decreases tables in sections 6–9. Those tables are the operative list of how the Appropriation and Supply Acts are to be read following this instrument.\n\n(References: section numbers in this instrument: s.4 definitions, s.5 portfolio/entity transfers, s.6–9 detailed modifications and tables.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation performs exactly its intended function: making technical adjustments to appropriate money following machinery of government changes. The scope remains strictly limited to administrative reallocation of existing appropriations and creation of new entities with specific funding. No mission creep detected."},"complexity_factors":["Multiple cross-referenced statutes (4 Appropriation Acts modified simultaneously)","Nested conditional logic: \"has effect as if\" constructions throughout","34 separate financial adjustments across 3 tables with precise dollar amounts","Complex entity renaming with flow-on effects (e.g., renamed department referenced in later sections must be read with new name)","Creation of new entities with full outcome statements embedded in the instrument","Portfolio reassignments require tracking 11 separate agencies across 6 portfolio moves"],"plain_english_summary":"This machinery-of-government determination restructures how 2025–26 federal appropriations are allocated: renaming departments, moving functions and agencies between portfolios, creating new bodies for veteran wellbeing, naval nuclear safety and disease control, and shifting billions of dollars (notably a ~$28bn NDIS transfer) so funding follows functions. \n\nIt affects public servants, ministers’ responsibilities, service recipients and parliamentary oversight by formalising administrative reorganisation without separate legislation."}},"importantCases":[],"_links":{"self":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2025-2026","history":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2025-2026/history","analysis":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2025-2026/analysis","conflicts":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2025-2026/conflicts","importantCases":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2025-2026/important-cases","documents":"/api/acts/public-governance-performance-and-accountability-section-75-transfers-determination-2025-2026/documents"}}