I, Tim Youngberry, Division Manager, Financial Reporting and Cash Management Division, Department of Finance and Deregulation, make this Determination under subsection 32 (2) of the Financial Management and Accountability Act 1997 (the FMA Act).

This Determination is made because of changes in the administrative arrangements on 3 December 2007, specifically the abolition of the Department of Industry, Tourism and Resources, and the transfer of resources, energy and tourism related functions to the Department of Resources, Energy and Tourism.

Dated 29^th April 2008

Tim Youngberry

1              Name of Determination

                This Determination is the FMA Act Determination 2008/14 — Section 32 (Transfer of Functions from former DITR to DRET).

Note 1   This Determination has been made by a delegate of the Secretary of the Department of Finance and Deregulation. The Secretary is a delegate of the Minister for Finance and Deregulation: see sections 53 and 62 of the FMA Act.

Note 2   The Appropriation Acts, as made, refer to the names of particular Departments. However, some of those references have changed due to the reorganisation of government functions on 3 December 2007. The relevant changes are:

(a)   the Industry, Tourism and Resources portfolio was abolished; and

(b)   the Department of Industry, Tourism and Resources was abolished; and

(c)   the Resources, Energy and Tourism portfolio was established; and

(d)   the Department of Resources, Energy and Tourism was established.

Note 3   Acronyms and other organisational names used in this Determination are as follows:

(a)   “DITR” – refers to the Department of Industry, Tourism and Resources.

(b)   “DRET” – refers to the Department of Resources, Energy and Tourism.

2              Commencement

                This Determination has taken to have commenced on 3 December 2007.

Note   Under subsection 32 (8) of the FMA Act, a Determination may be expressed to take effect before its making and registration under the Legislative Instruments Act 2003.

3              Amendment of Appropriation Act (No. 1) 2006-2007

                Schedule 1 amends the Appropriation Act (No. 1) 2006–2007 to transfer an amount of $1,624,478.56 of the administered item for Outcome 1 for the former Department of Industry, Tourism and Resources to Outcome 1 of the administered item for the Department of Resources, Energy and Tourism.

Note   The amount transferred relates to the transfer of resources, energy and tourism related functions.

4              Amendment of Appropriation Act (No. 2) 2006-2007

                Schedule 2 amends the Appropriation Act (No. 2) 2006–2007 to transfer an amount of $14,217,197.34 for the States, ACT, NT and local government item for Outcome 1 for the former Department of Industry, Tourism and Resources to Outcome 1 of the States, ACT, NT and local government item for the Department of Resources, Energy and Tourism.

Note   The amount transferred relates to the transfer of resources, energy and tourism related functions.

5              Amendment of Appropriation Act (No. 1) 2007-2008

                Schedule 3 amends the Appropriation Act (No. 1) 2007-2008 to transfer:

                (a)    an amount of $33,088,160.21 of the departmental item for the former Department of Industry, Tourism and Resources to the departmental item for the Department of Resources, Energy and Tourism.

                (b)    an amount of $135,458,690.84 of the administered item for Outcome 1 of the former Department of Industry, Tourism and Resources to Outcome 1 of the administered item of the Department of Resources, Energy and Tourism.

Note   The amounts transferred relate to the transfer of resources, energy and tourism related functions.

6              Amendment of Appropriation Act (No. 2) 2007-2008

            Schedule 4 amends the Appropriation Act (No. 2) 2007-2008 to transfer an amount of $38,495,424.47 of the States, ACT, NT and local government item for Outcome 1 for the former Department of Industry, Tourism and Resources to Outcome 1 of the States, ACT, NT and local government item for the Department of Resources, Energy and Tourism.

Note   The amount transferred relates to the transfer of resources, energy and tourism related functions.

7              Revocation of Previous Instrument

This Determination revokes and replaces the Financial Management and Accountability Act 1997 Determination 2007/06 – Section 32 (Transfer from the Department of Industry, Tourism and Resources to the Department of Resources, Energy and Tourism) made on 7 December 2007.

8              Savings

(a)    Nothing in clause 7 affects the validity of anything done under the Financial Management and Accountability Act 1997 Determination 2007/06 – Section 32 (Transfer from the Department of Industry, Tourism and Resources to the Department of Resources, Energy and Tourism).

(b)    Nothing in this Determination affects the validity of expenditure under an appropriation that existed at the time of the expenditure.

Schedule 1        Amendment of Appropriation Act (No. 1) 2006–2007

(section 3)

[1]           Schedule 1, Industry, Tourism and Resources portfolio, Department of Industry, Tourism and Resources table, Outcome 1, Administered Expenses

omit

274,412.05856

insert

272,787.58

[2]           Schedule 1, Industry, Tourism and Resources portfolio, after the Department of Industry, Tourism and Resources table

omit the notes, insert

Note 1:       The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a)   for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.

No other amounts in the table have been amended.

Note 2:       FMA Act Section 32 Determination 2008/13 amended the amount alongside Outcome 1, under the heading Administered Expenses, to transfer an amount to the Department of Innovation, Industry, Science and Research.

Note 3:       FMA Act Section 32 Determination 2008/14 amended the amount alongside Outcome 1, under the heading Administered Expenses, to transfer an amount to the Department of Resources, Energy and Tourism.

[3]       Schedule 1, Prime Minister and Cabinet portfolio, after the Office of the Official Secretary to the Governor-General table

insert

resources, energy and tourism portfolio

Appropriation (plain figures)—2006‑2007

Note 1:     The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:

(a)   for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.

No other amounts in the table have been inserted.

Note 2:     FMA Act Section 32 Determination 2008/14 inserted the amount alongside Outcome 1, under the heading Administered Expenses, to transfer an amount from the former Department of Industry, Tourism and Resources.

Schedule 2        Amendment of Appropriation Act (No. 2) 2006–2007

(section 4)

[1]           Schedule 2, Industry, Tourism and Resources portfolio, Department of Industry, Tourism and Resources table, Outcome 1, Payments to States, ACT, NT and local government

omit

25,293.79134

insert

11,076.594

[2]           Schedule 2, Industry, Tourism and Resources portfolio, after the Department of Industry, Tourism and Resources table

omit the notes, insert

Note 1:       The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a)   for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and

(c)   for State, Act, NT and local government items the actual appropriation item is the amount  set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and

(d)   for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”.

No other amounts in the table have been amended.

Note 2:       FMA Act Section 32 Determination 2008/13 amended the amount alongside Outcome 1, under the heading Payments to States, ACT, NT and local government, to transfer an amount to the Department of Innovation, Industry, Science and Research.

Note 3:       FMA Act Section 32 Determination 2008/14 amended the amount alongside Outcome 1, under the heading Payments to States, Act, NT and local government, to transfer an amount to the Department of Resources, Energy and Tourism.

[3]       Schedule 2, Prime Minister and Cabinet portfolio, after the Office of the Official Secretary to the Governor-General table

insert

RESOURCES, ENERGY AND TOURISM PORTFOLIO

Appropriation (plain figures)—2006‑2007

Note 1:     The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:

(a)   for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and

(c)   for State, Act, NT and local government items the actual appropriation item is the amount  set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and

(d)   for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”.

No other amounts in the table have been inserted.

Note 2:     FMA Act Section 32 Determination 2008/14 inserted the amount alongside Outcome 1, under the heading Payments to States, ACT, NT and local government, to transfer an amount from the former Department of Industry, Tourism and Resources.

Schedule 3     Amendment of Appropriation Act
(No. 1) 2007–2008

(section 5)

[1]           Schedule 1, Industry, Tourism and Resources portfolio, Department of Industry, Tourism and Resources table, total for Department of Industry, Tourism and Resources, Departmental Outputs

omit

164,934.29052

insert

131,846.13031

[2]           Schedule 1, Industry, Tourism and Resources portfolio, Department of Industry, Tourism and Resources table, Outcome 1, Administered Expenses

omit

266,891.62522

insert

131,432.93438

[3]           Schedule 1, Industry, Tourism and Resources portfolio, after the Department of Industry, Tourism and Resources table

omit the notes, insert

Note 1:       The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a)   for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.

No other amounts in the table have been amended.

Note 2:       FMA Act Determination 2008/13 amended the amount alongside Total: Department of Industry, Tourism and Resources, under the heading Departmental Outputs, and amended the amounts alongside Outcome 1 and Outcome 2, under the heading Administered Expenses, to transfer amounts to the Department of Innovation, Industry, Science and Research.

Note 3:       FMA Act Determination 2008/14 amended the amount alongside Outcome 1, under the heading Administered Expenses, to transfer an amount to the Department of Resources, Energy and Tourism.

[4]           Schedule 1, Prime Minister and Cabinet portfolio, after the Office of the Official Secretary to the Governor-General table

insert

Note 1:     The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:

(a)   for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.

No other amounts in the table have been inserted.

Note 2:     FMA Act Determination 2008/14 inserted the amount alongside Total: Department of Resources, Energy and Tourism, under the heading Departmental Outputs, and inserted the amount alongside Outcome 1, under the heading Administered Expenses, to transfer amounts from the Department of Industry, Tourism and Resources.

Schedule 4     Amendment of Appropriation Act
(No. 2) 2007-2008

(section 6)

[1]       Schedule 2, Industry, Tourism and Resources portfolio, Department of Industry, Tourism and Resources table, Outcome 1, Payments to States, ACT, NT and local government

omit

41,243

insert

2,747.57553

[2]           Schedule 2, Industry, Tourism and Resources portfolio, after the Department of Industry, Tourism and Resources table

omit the notes, insert

Note 1:     The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a)   for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and

(c)   for State, Act, NT and local government items the actual appropriation item is the amount  set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and

(d)   for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”.

No other amounts in the table have been amended.

Note 2:        FMA Act Section 32 Determination 2008/13 amended the amounts alongside Equity Injections and Administered Assets and Liabilities, under the heading Total, to transfer amounts to the Department of Innovation, Industry, Science and Research.

Note 3:         FMA Act Section 32 Determination 2008/14 amended the amount alongside Outcome 1, under the heading Payments to States, ACT, NT and local government, to transfer an amount to the Department of Resources, Energy and Tourism.

[3]           Schedule 2, Prime Minister and Cabinet portfolio, after the Office of the Official Secretary to the Governor-General table

insert

Note 1:     The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:

(a)   for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and

(c)   for State, Act, NT and local government items the actual appropriation item is the amount  set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and

(d)   for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”.

No other amounts in the table have been inserted.

Note 2:         FMA Act Section 32 Determination 2008/14 inserted the amount alongside Outcome 1, under the heading Payments to States, ACT, NT and local government, to transfer an amount from the former Department of Industry, Tourism and Resources.