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 Employment and Workplace Relations and the transfer of employment and workplace related functions to the Department of Education, Employment and Workplace Relations.

Dated 29 May 2008

Tim Youngberry

1              Name of Determination

                This Determination is the FMA Act Determination 2008/27 — Section 32 (Transfer of Functions from the former DEWR to DEEWR).

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 Education, Employment and Workplace Relations portfolio was established; and

(b)      the Department of Education, Employment and Workplace Relations was established; and

(c)      the Employment and Workplace Relations portfolio was abolished; and

(d)         the Department of Employment and Workplace Relations was abolished.

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

(a)         “DEEWR” – refers to the Department of Education, Employment and Workplace Relations.

(b)          “DEWR” – refers to the Department of Employment and Workplace Relations.

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) 2006–2007

Schedule 1 amends the Appropriation Act (No. 1) 2006–2007 to transfer:

(a)    an amount of $119,874,455.00 of the departmental item for the former Department of Employment and Workplace Relations to the departmental item for the Department of Education, Employment and Workplace Relations.

                (b)    an amount of $77,835,149.00 of the administered item for Outcome 1 for the former Department of Employment and Workplace Relations to Outcome 7 of the administered item for the Department of Education, Employment and Workplace Relations.

                (c)    an amount of $2,250,376.00 of the administered item for Outcome 2 for the former Department of Employment and Workplace Relations to Outcome 9 of the administered item for the Department of Education, Employment and Workplace Relations.

Note   The amounts transferred relate to the transfer of employment and workplace related functions from the former DEWR to DEEWR.

4              Amendment of Appropriation Act (No. 4) 2006–2007

Schedule 2 amends the Appropriation Act (No. 4) 2006–2007 to transfer an amount of $269,000.00 of “Equity Injections” (an other departmental item defined in section 3 of that Act) from the former Department of Employment and Workplace Relations to the Equity Injections for the Department of Education, Employment and Workplace Relations.

Note   The amount transferred relates to the transfer of employment and workplace related functions from the former DEWR to DEEWR.

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 $664,560,658.16 of the departmental item for the former Department of Employment and Workplace Relations to the departmental item for the Department of Education, Employment and Workplace Relations.

                (b)    an amount of $1,337,703,930.09 of the administered item for Outcome 1 for the former Department of Employment and Workplace Relations to Outcome 7 of the administered item for the Department of Education, Employment and Workplace Relations.

                (c)    an amount of $44,148,019.75 of the administered item for Outcome 2 for the former Department of Employment and Workplace Relations to Outcome 9 of the administered item for the Department of Education, Employment and Workplace Relations.

Note   The amounts transferred relate to the transfer of employment and workplace related functions from the former DEWR to DEEWR.

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

Schedule 4 amends the Appropriation Act (No. 2) 2007–2008 to transfer an amount of $9,665,000.00 of “Equity Injections” (an other departmental item defined in section 3 of that Act) from the former Department of Employment and Workplace Relations to the Equity Injections for the Department of Education, Employment and Workplace Relations.

Note   The amount transferred relates to the transfer of employment and workplace related functions from the former DEWR to DEEWR.

7              Amendment of Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007–2008

Schedule 5 amends the Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007–2008 to transfer:

(a)    an amount of $38,972,000.00 of the departmental item for the former Department of Employment and Workplace Relations to the departmental item for the Department of Education, Employment and Workplace Relations.

                (b)    an amount of $52,280,000.00 of the administered item for Outcome 1 for the former Department of Employment and Workplace Relations to Outcome 7 of the administered item for the Department of Education, Employment and Workplace Relations.

Note   The amounts transferred relate to the transfer of employment and workplace related functions from the former DEWR to DEEWR.

8              Amendment of Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007–2008

Schedule 6 amends the Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007–2008 to transfer an amount of $3,679,000.00 of “Equity Injections” (an other departmental item defined in section 3 of that Act) from the former Department of Employment and Workplace Relations to the Equity Injections for the Department of Education, Employment and Workplace Relations.

Note   The amounts transferred relate to the transfer of employment and workplace related functions from the former DEWR to DEEWR.

9              Revocation of Previous Instrument

This Determination revokes and replaces the Financial Management and Accountability Act 1997 Determination 2007/02 – Section 32 (Transfer from the Department of Employment and Workplace Relations to the Department of Education, Employment and Workplace Relations) made on 7 December 2007.

10            Savings

(a)    Nothing in clause 9 affects the validity of anything done under the Financial Management and Accountability Act 1997 Determination 2007/02 – Section 32 (Transfer from the Department of Employment and Workplace Relations to the Department of Education, Employment and Workplace Relations).

(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, Employment and Workplace Relations portfolio, Department of Employment and Workplace Relations table, total for Department of Employment and Workplace Relations, Departmental Outputs

omit

1,556,822

insert

1,436,947.545

[2]           Schedule 1, Employment and Workplace Relations portfolio, Department of Employment and Workplace Relations table, Outcome 1, Administered Expenses

omit

2,304,424

insert

2,226,588.851

[3]           Schedule 1, Employment and Workplace Relations portfolio, Department of Employment and Workplace Relations table, Outcome 2, Administered Expenses

omit

101,462

insert

99,211.624

[4]           Schedule 1, Employment and Workplace Relations portfolio, after the Department of Employment and Workplace Relations 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 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 2008/27 amended the amount alongside Total: Department of Employment and Workplace Relations 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 Education, Employment and Workplace Relations.  

[5]           Schedule 1, Defence portfolio, after the Australian War Memorial 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 2008/27 inserted the amount alongside Total: Department of Education, Employment and Workplace Relations, under the heading Departmental Outputs, and inserted the amount alongside Outcome 7 and Outcome 9 under the heading Administered Expenses, to transfer amounts from the former Department of Employment and Workplace Relations.

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

(section 4)

[1]           Schedule 2, Employment and Workplace Relations portfolio, Department of Employment and Workplace Relations table, alongside Equity Injections, under the heading, Total

omit

269

insert

-

[2]           Schedule 2, Employment and Workplace Relations portfolio, after the Department of Employment and Workplace Relations 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 2008/27 amended the amount alongside Equity Injections, under the heading Total, to transfer amounts to the Department of Education, Employment and Workplace Relations.

[3]           Schedule 2, Defence portfolio, after the Department of Veterans’ Affairs 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 2008/27 inserted the amount alongside Equity Injections, under the heading Total, to transfer an amount from the former Department of Employment and Workplace Relations.

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

(section 5)

[1]           Schedule 1, Employment and Workplace Relations portfolio, Department of Employment and Workplace Relations table, total for Department of Employment and Workplace Relations, Departmental Outputs

omit

1,522,538

insert

857,977.34184

[2]           Schedule 1, Employment and Workplace Relations portfolio, Department of Employment and Workplace Relations table, Outcome 1, Administered Expenses

omit

2,221,991

insert

884,287.06991

[3]           Schedule 1, Employment and Workplace Relations portfolio, Department of Employment and Workplace Relations table, Outcome 2, Administered Expenses

omit

98,572

insert

54,423.98025

[4]           Schedule 1, Employment and Workplace Relations portfolio, after the Department of Employment and Workplace Relations table

omit the note, 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 2008/27 amended the amount alongside Total: Department of Employment and Workplace Relations 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 Education, Employment and Workplace Relations.  

[5]           Schedule 1, Education, Employment and Workplace Relations portfolio, Department of Education, Employment and Workplace Relations, Departmental Outputs

omit

260,000

insert

924,560.65816

[6]           Schedule 1, Education, Employment and Workplace Relations portfolio, Department of Education, Employment and Workplace Relations, Outcome 7, Administered Expenses

insert

1,337,703.93009

[7]           Schedule 1, Education, Employment and Workplace Relations portfolio, Department of Education, Employment and Workplace Relations, Outcome 9, Administered Expenses

insert

44,148.01975

[8]           Schedule 1, Education, Employment and Workplace Relations portfolio, after the Department of Education, Employment and Workplace Relations table

omit the note, 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 Section 32 Determination 2008/08 inserted the amounts alongside Outcome

                      1 and Outcome 5, under the heading Administered Expenses, to transfer amounts from the Department of Families, Housing, Community Services and Indigenous Affairs.

Note 3:          FMA Act Section 32 Determination 2008/19 inserted the amounts alongside Outcome

                      2, Outcome 3, Outcome 4, Outcome 6, and amended the amount alongside Outcome 5 under the heading Administered Expenses, to transfer amounts from the former Department of Education, Science and Training.

Note 4:          FMA Act Section 32 Determination 2008/27 amended the amount alongside Total: Department of Education, Employment and Workplace Relations, under the heading Departmental Outputs and inserted the amounts alongside Outcome 7 and Outcome 9 under the heading Administered Expenses, to transfer amounts from the former Department of Employment and Workplace Relations.

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

(section 6)

[1]           Schedule 2, Employment and Workplace Relations portfolio, Department of Employment and Workplace Relations table, alongside Equity Injections, under the heading, Total

omit

10,015

insert

350

[2]           Schedule 2, Employment and Workplace Relations portfolio, after the Department of Employment and Workplace Relations 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 2008/27 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount to the Department of Education, Employment and Workplace Relations.

[3]           Schedule 2, Education, Employment and Workplace Relations portfolio, Department of Education, Employment and Workplace Relations table, alongside Equity Injections, under the heading, Total

insert

9,665

[4]           Schedule 2, Education, Employment and Workplace Relations portfolio, after the Department of Education, Employment and Workplace Relations 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 2008/08 inserted amounts alongside Outcome 1,

under the heading Payments to States, ACT, NT and local government, to transfer amounts from the Department of Families, Housing, Community Services and Indigenous Affairs.

Note 3:     FMA Act Section 32 Determination 2008/27 inserted the amount alongside Equity Injections, under the heading Total, to transfer an amount from the former Department of Employment and Workplace Relations.

Schedule 5        Amendment of Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007–2008

(section 7)

[1]            Schedule 1, Employment and Workplace Relations portfolio, Department of Employment and Workplace Relations table, total for Department of Employment and Workplace Relations, Departmental Outputs

omit

38,972

insert

-

[2]            Schedule 1, Employment and Workplace Relations portfolio, Department of Employment and Workplace Relations table, Outcome 1, Administered Expenses

omit

52,280

insert

-

[3]            Schedule 1, Employment and Workplace Relations portfolio, after the Department of Employment and Workplace Relations 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 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 2008/27 amended the amount alongside Total: Department of Employment and Workplace Relations, under the heading Departmental Outputs, and the amount alongside Outcome 1 under the heading Administered Expenses, to transfer an amount to the Department of Education, Employment and Workplace Relations.

[4]           Schedule 1, Education, Employment and Workplace Relations portfolio, Department of Education, Employment and Workplace Relations table, Departmental Outputs

omit

2,039

insert

41,011

[5]           Schedule 1, Education, Employment and Workplace Relations portfolio, Department of Education, Employment and Workplace Relations table, Outcome 7, Administered Expenses

insert

52,280

[6]           Schedule 1, Education, Employment and Workplace Relations portfolio, after the Department of Education, Employment and Workplace Relations table

omit the notes, 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 Section 32 Determination 2008/08 inserted the amount alongside Outcome 1,

Administered Expenses, to transfer an amount from the Department of Families, Housing, Community Services and Indigenous Affairs.

Note 3:          FMA Act Section 32 Determination 2008/19 inserted the amount alongside Total: Department of Education, Science and Training, under the heading Departmental Outputs, and the amount alongside Outcome 4, and amended the amount alongside Outcome 1, under the heading Administered Expenses, to transfer an amount from the former Department of Education, Science and Training.

Note 4:          FMA Act Determination 2008/27 amended the amount alongside Total: Department of Education, Employment and Workplace Relations, under the heading Departmental Outputs, and inserted the amount alongside Outcome 7 under the heading Administered Expenses, to transfer amounts from the former Department of Employment and Workplace Relations.

Schedule 6     Amendment of Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007–2008

(section 8)

[1]           Schedule 2, Employment and Workplace Relations portfolio, Department of Employment and Workplace Relations table, alongside Equity Injections, under the heading, Total

omit

3,679

insert

-

[2]           Schedule 2, Employment and Workplace Relations portfolio, after the Department of Employment and Workplace Relations 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 2008/27 amended the amount alongside Equity Injections, under the heading Total, to transfer amounts to the Department of Education, Employment and Workplace Relations.

[3]           Schedule 2, Attorney-General’s portfolio, after the Australian Crime Commission 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 2008/27 inserted the amount alongside Equity Injections, under the heading Total, to transfer an amount from the former Department of Employment and Workplace Relations.