The instrument to which this explanatory statement relates
FMA Act Determination 2009/03 – Section 32 (Transfer of Functions from ACCC to Treasury)
Date instrument was made
29 January 2009
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) 2008-2009 to transfer an amount of $1,060,210.00 of the departmental item for the Australian Competition and Consumer Commission (ACCC) to the departmental item for the Department of the Treasury (Treasury).
The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2008-2009 for ACCC and increase the departmental item in Appropriation Act (No. 1) 2008-2009 for Treasury.
Schedule 2 of this Instrument amends the Appropriation Act (No. 2) 2008-2009 to transfer an amount of $949,039.00 of “Previous Years’ Outputs” from ACCC to the Previous Years’ Outputs for Treasury.
The effect of this instrument is to reduce Previous Years’ Outputs in Appropriation Act (No. 2) 2008-2009 for ACCC and increase the Previous Years’ Outputs in Appropriation Act (No. 2) 2008-2009 for Treasury.
Background
The appropriation amount transferred relates to the transfer of the Monitoring of Grocery Prices function from ACCC to Treasury.
Notes on the Instrument
In accordance with the Legislative Instruments Act 2003, ACCC and Treasury were consulted in the preparation of this instrument.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.