Federal Register of Legislation - Australian Government

Primary content

No. 2 of 2005-2006 Directions/Financial as made
The instrument directs that non lapsing appropriations from previous years of $1,093,255, provided to the National Oceans Office, be transferred to the Department of the Environment and Heritage.
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 25 Jul 2005
Tabling HistoryDate
Tabled HR09-Aug-2005
Tabled Senate09-Aug-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Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014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 6 July 2005 and numbered 2 of 2005-2006.

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 General Manager, Financial Management Group, and the Division Manager, Financial Reporting and Cash Management Division.

Purpose of the instrument

The instrument directs that non lapsing appropriations from previous years of $1,093,255, provided to the National Oceans Office, be transferred to the Department of the Environment and Heritage. 

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, abolishing the National Oceans Office. An appropriation adjustment, pursuant to section 32 of the FMA Act, is required to ensure that unspent appropriation provided to the National Oceans Office for the performance of its functions, be transferred to the Department of the Environment and Heritage.

Notes on the instrument

The instrument provides that the moneys listed in column 4 of the schedule for the National Oceans Office item be transferred to the Department of the Environment and Heritage item listed in
column 1.