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 a change in the administrative arrangements on 3 December 2007, specifically the transfer from the former Department of Communications, Information Technology and the Arts of broadband, postal telecommunications, spectrum policy management, broadcasting policy, digital economy and information economy related functions to the Department of the Broadband, Communications and the Digital Economy.

Dated 29 May 2008

Tim Youngberry

1              Name of Determination

                This Determination is the FMA Act Determination 2008/25 — Section 32 (Transfer of Functions from the former DCITA to DBCDE).

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 Broadband, Communications and the Digital Economy portfolio was established; and

(b)   the Department of Broadband, Communications and the Digital Economy was established; and

(c)   the Communications, Information Technology and the Arts portfolio was abolished; and

(d)   the Department of Communications, Information Technology and the Arts was abolished.

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

(a)   “DBCDE” – refers to the Department of Broadband, Communications and the Digital Economy.

(b)   “DCITA” – refers to the Department of Communications, Information Technology and the Arts.

2              Commencement

                This Determination is 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) 2007-2008

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

                (a)    an amount of $54,518,830.06 of the departmental item for the former Department of Communications, Information Technology and the Arts to the departmental item for the Department of Broadband, Communications and the Digital Economy.

                (b)    an amount of $494,634,555.42 of the administered item for Outcome 3 for the former Department of Communications, Information Technology and the Arts to Outcome 1 of the administered item for the Department of Broadband, Communications and the Digital Economy.

Note   The amount transferred relates to the transfer of the functions of broadband, postal telecommunications, spectrum policy management, broadcasting policy, digital economy and information economy related functions.

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

                Schedule 2 amends the Appropriation Act (No. 2) 2007-2008 to transfer an amount of $147,000.00 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) from the former Department of Communications, Information Technology and the Arts to the Equity Injections for the Department of Broadband, Communications and the Digital Economy.

Note   The amount transferred relates to the transfer of broadband, postal telecommunications, spectrum policy management, broadcasting policy, digital economy and information economy related functions.

5              Revocation of Previous Instrument

This Determination revokes and replaces the Financial Management and Accountability Act 1997 Determination 2007/07 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of Broadband, Communications and the Digital Economy) made on 7 December 2007.

6              Savings

(a)    Nothing in clause 5 affects the validity of anything done under the Financial Management and Accountability Act 1997 Determination 2007/07 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of Broadband, Communications and the Digital Economy).

(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) 2007-2008

(section 3)

[1]           Schedule 1, Communications, Information Technology and the Arts portfolio, Department of Communications, Information Technology and the Arts table, total for Department of Communications, Information Technology and the Arts, Departmental Outputs

omit

141,565.99292

insert

87,047.16286

[2]           Schedule 1, Communications, Information Technology and the Arts portfolio, Department of Communications, Information Technology and the Arts table, Outcome 3, Administered Expenses

omit

587,854

insert

93,219.44458

[3]           Schedule 1, Communications, Information Technology and the Arts portfolio, after the Department of Communications, Information Technology and the Arts 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 2008/17 amended the amount alongside Total: Department of Communications, Information Technology and the Arts, under the heading Departmental Outputs, and amended the amount alongside Outcome 2, under the heading Administered Expenses, to transfer amounts to the Department of Health and Ageing.

Note 3:          FMA Act Determination 2008/25 amended the amount alongside Total: Department of Communications, Information Technology and the Arts, under the heading Departmental Outputs, and amended the amount alongside Outcome 3, under the heading Administered Expenses, to transfer amounts to the Department of Broadband, Communications and the Digital Economy.

[4]           Schedule 1, Attorney-General’s portfolio, after the Office of the Privacy Commissioner 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 2008/25 inserted the amount alongside Total: Department of Broadband, Communications and the Digital Economy, under the heading Departmental Outputs, and inserted the amount alongside Outcome 1, under the heading Administered Expenses, to transfer amounts from the former Department of Communications, Information Technology and the Arts.

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

(section 4)

[1]           Schedule 2, Communications, Information Technology and the Arts portfolio, Department of Communications, Information Technology and the Arts table, Equity Injections

omit

249

insert

102

[2]           Schedule 2, Communications, Information Technology and the Arts portfolio, after the Department of Communications, Information Technology and the Arts 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 2008/17 amended the amount alongside Outcome 2, under the heading Payments to States, ACT, NT and local government, to transfer an amount to the Department of Health and Ageing.

Note 3:          FMA Act Section 32 Determination 2008/25 amended the amount alongside Equity Injections, under the heading Total, to transfer amounts to the Department of Broadband, Communications and the Digital Economy.

[3]       Schedule 2, Attorney-General’s portfolio, after the Office of the Privacy Commissioner table

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 2008/25 inserted the amount alongside Equity Injections, under the heading Total, to transfer an amount from the former Department of Communications, Information Technology and the Arts.