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Direction under section 32, Financial Management and Accountability Act 1997 - Adjustments of Appropriations on Change of Agency Functions (No. 28 of 2004-2005)

Authoritative Version
No. 28 of 2004-2005 Directions/Financial as made
The instrument directs that departmental outputs appropriation of $117,000, provided to the Department of Education, Science and Training in Appropriation Act (No. 1) 2004-05, be transferred to the Department of Human Services.
Administered by: Finance
General Comments: This Direction was made under section 32 of the Financial Management and Accountability Act 1997. Despite the repeal and substitution of the section made by Schedule 1, item 9 of the Financial Framework Legislation Amendment Act (No. 1) 2007 (Act No. 166 of 2007) C2007A00166, section 32 of the Financial Management and Accountability Act 1997 (as in force immediately before the commencement of that item) continues to apply after that commencement in relation to a change in function that occurred before that commencement (see Schedule 1, item 17 of the Financial Framework Legislation Amendment Act (No. 1) 2007 (Act No. 166 of 2007) C2007A00166).
Exempt from sunsetting by the Financial Management and Accountability Act 1997 s 32(7)
Registered 24 Jan 2005
Tabling HistoryDate
Tabled HR08-Feb-2005
Tabled Senate08-Feb-2005
Date of repeal 19 Mar 2014
Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014

Explanatory Statement

 

Financial Management and Accountability Act 1997, Section 32 - Adjustments of Appropriations on Change of Agency Functions

 

The instrument to which this explanatory statement relates

This explanatory statement relates to an instrument (the instrument) entitled “Direction under Section 32, Financial Management and Accountability Act 1997”, dated 21 January 2005 and numbered 28 of 2004-2005.

The legislative authority under which the instrument is made

Section 32 of the Financial Management and Accountability Act 1997 (the FMA Act) applies if a function of an Agency (the old Agency) becomes a function of another Agency (the new Agency), either because the old Agency is abolished or for any other reason.

Subsection 32(2)(a) of the FMA Act enables the Finance Minister to, amongst other things, issue one or more directions to transfer from the old Agency to the new Agency some or all of an amount that has been appropriated for the performance of that function by the old Agency.

As noted in the FMA Act, the Finance Minister has delegated his power under section 32 to the Chief Executive of the Department of Finance and Administration. By way of an instrument dated 30 November 2004, the Chief Executive of the Department of Finance and Administration has, in turn, delegated the power to the Division Manager, Financial Reporting and Cash Management Division, Financial Management Group.

Purpose of the instrument

The instrument directs that departmental outputs appropriation of $117,000, provided to the Department of Education, Science and Training in Appropriation Act (No. 1) 2004-05, be transferred to the Department of Human Services. 

Background

On 26 October 2004, the Governor-General issued an Administrative Arrangements Order which was gazetted in Special Notices Gazette S427 of 27 October 2004, making the Department of Human Services responsible for, amongst other things, monitoring and management of service delivery and purchaser/provider relationships involving Centrelink, the Health Insurance Commission, the Child Support Agency, Australian Hearing, Health Services Australia and CRS Australia.

One of the implications of this is that the Department of Human Services has assumed responsibility for managing Centrelink’s delivery of a number of Department of Education, Science and Training programmes from the latter department.

An appropriation adjustment, pursuant to section 32 of the FMA Act, is required to ensure that appropriation provided to the Department of Education, Science and Training for performance of the function is transferred to the Department of Human Services.


Notes on the instrument

The instrument provides that the moneys listed in column 4 of the schedule for the Department of Education, Science and Training item be transferred to the Department of Human Services item listed in column 1.