The instrument to which this explanatory statement relates

FMA Act Determination 2008/70 – Section 32 (Transfer of Functions from FaHCSIA to DEEWR)

Date instrument was made

19 December 2008

The legislative authority under which the instrument is made

Subsection 32(2) of the Financial Management and Accountability Act 1997 (FMA Act) enables the Minister for Finance and Deregulation (Finance Minister) to determine that one or more Schedules to one or more Appropriation Acts are amended in relation to the transfer of a function from one agency to another.

Under section 62 of the FMA Act the Finance Minister has delegated this power to the Secretary of the Department of Finance and Deregulation (Finance). Under section 53 of the FMA Act, the Secretary of Finance has delegated this power to officials within Finance.

Purpose and effect of the instrument

Schedule 1 of this Instrument amends the Appropriation Act (No. 1) 2006-2007 to transfer an amount of $17,095,000.00 of the administered item for Outcome 3 for the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to the administered item for Outcome 1 for the Department of Education, Employment and Workplace Relations (DEEWR).

The effect of this instrument is to reduce the administered item alongside Outcome 3 in Appropriation Act (No. 1) 2006-2007 for FaHCSIA and insert the administered item alongside Outcome 1 in Appropriation Act (No. 1) 2006-2007 for DEEWR.

Background

The appropriation amount transferred relates to the transfer of childcare policy and programs from FaHCSIA to DEEWR.

Notes on the Instrument

In accordance with the Legislative Instruments Act 2003, FaHCSIA and DEEWR were consulted in the preparation of this instrument.

This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.