EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Finance and Deregulation
FMA Act Determination 2008/16— Section 32 (Transfer of Functions from former DEST to DRET)
In accordance with the Legislative Instruments Act 2003, the former DEST and DRET were consulted in the preparation of this instrument.
Revocation of Previous Instrument
This Determination revokes and replaces the FMA Act Determination 2007/04 – Section 32 (Transfer from the Department of Education, Science and Training to the Department of Resources, Energy and Tourism) made on 7 December 2007.
On 7 December 2007, a delegate of the Minister for Finance and Deregulation made the FMA Act Determination 2007/04 – Section 32 (Transfer from the Department of Education, Science and Training to the Department of Resources, Energy and Tourism). That determination provided for the amendment of Appropriation Acts, and was expressed to take effect from 3 December 2007, as permitted by s 32(8) of the FMA Act.
The 7 December instrument had the intended effect, of, altering the Appropriation Acts to provide that appropriation items were transferred between the relevant Agencies.
It has now become desirable to replace the 7 December instrument with instruments which can be properly incorporated into the consolidations of the Appropriation Acts. Some of the figures used in the 7 December instrument were incorrect, and these need to be altered.
Savings Provision
So as to preserve the validity of any actions taken under the 7 December instrument a savings provision has been included in the new instrument which preserves the validity of things done under the 7 December instrument.
The Australian Government Solicitor was consulted in the making of this instrument.