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

25 January 2008, specifically the transfer of the Emission Management Programs from the Department of the Environment, Water, Heritage and the Arts to the Department of Resources, Energy and Tourism.

Dated 30 June 2008

Tim Youngberry

1              Name of Determination

                This Determination is the FMA Act Determination 2008/53 — Section 32 (Transfer of Functions from Environment 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 Environment and Water Resources Portfolio was renamed the Environment, Water, Heritage and the Arts portfolio; and

(b)     the Department of the Environment and Water Resources was renamed the Department of the Environment, Water, Heritage and the Arts; 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)         “Environment” – refers to the Department of the Environment, Water, Heritage and the Arts.

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

2              Commencement

                This Determination is taken to have commenced on 25 January 2008.

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) 2004–2005

Schedule 1 amends the Appropriation Act (No. 1) 2004–2005 to transfer an amount of $102,036.40 of the departmental item for the Department of the Environment, Water, Heritage and the Arts to the departmental item for the Department of Resources, Energy and Tourism.

Note   The amount transferred relates to the Emission Management Programs.

Schedule 1        Amendment of Appropriation
Act (No. 1) 2004–2005

(section 3)

[1]           Schedule 1, Environment and Heritage portfolio, Department of the Environment and Heritage table, total for Department of the Environment and Heritage, Departmental Outputs

omit

228,159.09776

insert

228,057.06136

[2]            Schedule 1, Environment and Heritage portfolio, after the Department of the Environment and Heritage 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. The Determination also did not amend the portfolio name or the agency name as those references in the Act were substituted as specified in the Acts Interpretation (Substituted References – Section 19B) Order 1997 made on 16 February 2007 and the Acts Interpretation (Substituted References – Section 19B) Amendment Order 2007 (No. 2), made by the Governor-General on 14 December 2007, under section 19B of the Acts Interpretation Act 1901.

Note 2:          FMA Act Section 32 Determination 2008/39 amended the amount alongside Total: Department of the Environment, Water, Heritage and the Arts, under the heading Departmental Outputs, to transfer an amount to the Department of Climate Change.

Note 3:          FMA Act Section 32 Determination 2008/40 amended the amount alongside Total: Department of the Environment, Water, Heritage and the Arts, under the heading Departmental Outputs, and inserted Outcome 4 and the amount alongside Outcome 4, under the heading Administered Expenses, to transfer amounts from the former Department of Communications, Information Technology and the Arts.

Note 4:          FMA Act Section 32 Determination 2008/53 amended the amount alongside Total: Department of the Environment, Water, Heritage and the Arts, under the heading Departmental Outputs, to transfer an amount to the Department of Resources, Energy and Tourism.

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

omit

11,777.03076

insert

11,879.06716

[4]           Schedule 1, Resources, Energy and Tourism portfolio, after the Department of Resources, Energy and Tourism 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 2008/28 amended the amount alongside Total: Department of Education, Science and Training, under the heading Departmental Outputs, to transfer an amount from the Department of Education, Science and Training.

Note 3:          FMA Act Section 32 Determination 2008/51 amended the amount alongside Total: Department of Resources, Energy and Tourism, under the heading Departmental Outputs, to transfer an amount from the Department of Industry, Tourism and Resources.

Note 4:          FMA Act Section 32 Determination 2008/53 amended the amount alongside Total: Department of Resources, Energy and Tourism, under the heading Departmental Outputs, to transfer an amount from the Department of the Environment, Water, Heritage and the Arts.