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Direction under section 32, Financial Management and Accountability Act 1997 – Adjustments of Appropriations on Change of Agency Functions (No. 2 of 2007-2008)

Authoritative Version
No. 2 of 2007-2008 Directions/Financial as made
This Direction provides that departmental items totalling $84,400,000 provided to the Department of Employment and Workplace Relations (DEWR) in Appropriation Act (No. 1) 2007-2008 be transferred to the Workplace Authority (WPA), that departmental items totalling $1,050,000 provided to DEWR in Appropriation Act (No. 1) 2006-2007 be transferred to WPA and departmental equity injections totalling $350,000 provided to DEWR in Appropriation Act (No. 2) 2007-2008 be transferred to WPA.
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 04 Jul 2007
Tabling HistoryDate
Tabled HR07-Aug-2007
Tabled Senate07-Aug-2007
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Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014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 - Adjustment 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 2 July 2007 and numbered 2 of 2007-2008.

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.

By way of an instrument effective from 1 July 2007 made under section 62 of 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 effective from 1 July 2007 made under section 53 of the FMA Act, 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.  The direction is issued by the Acting Division Manager, Financial Reporting and Cash Management.  This instrument commences on date of registration, effective on 2 July 2007.

Purpose of the instrument

The instrument directs that departmental appropriation in the amount of $84,400,000 provided to the Department of Employment and Workplace Relations (DEWR) in Appropriation Act (No.1) 2007-2008 be transferred to the Workplace Authority (WPA).  The instrument also directs that departmental appropriation in the amount of $1,050,000 provided to DEWR in Appropriation Act (No. 1) 2006-2007 be transferred to WPA.  The instrument also directs that departmental equity injections appropriation in the amount of $350,000 provided to DEWR in Appropriation Act (No. 2) 2007-2008 be transferred to WPA.

 

Background

On 28 May 2007, a decision was made to transfer the Office of the Employment Advocate function from the Department of Employment and Workplace Relations to the Workplace Authority.  The Workplace Authority was established on 1 July 2007, following the passing of the Workplace Relations Amendment (A Stronger Safety Net) Act 2007.

 

Notes on the instrument

The instrument provides that the amounts set out in column 4 of the table for the appropriation items in column 1 for DEWR be transferred to WPA.   

In accordance with the Legislative Instruments Act 2003, DEWR and WPA were consulted in the preparation of this instrument.