The instrument to which this explanatory statement relates
FMA Act Determination 2009/05 – Section 32 (Transfer of Functions from Health to AOTDTA)
Date instrument was made
11 May 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. 2) 2004-2005 to transfer an amount of $1,000,000.00 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) for the Department of Health and Ageing (Health) to the “Equity Injections” for the Australian Organ and Tissue Donation and Transplantation Authority (AOTDTA).
The effect of this Instrument is to reduce the “Equity Injections” in Appropriation Act (No. 2) 2004-2005 for Health and increase the “Equity Injections” in Appropriation Act (No. 2) 2004-2005 for AOTDTA.
Schedule 2 of this Instrument amends the Appropriation Act (No. 1) 2008–2009 to transfer an amount of $1,350,000.00 of the administered item for Outcome 13 for Health to the administered item for Outcome 1 for AOTDTA.
The effect of this Instrument is to reduce the administered item for Outcome 13 in Appropriation Act (No. 1) 2008-2009 for Health and insert the administered item for Outcome 1 in Appropriation Act (No. 1) 2008-2009 for AOTDTA.
Schedule 3 of this Instrument amends the Appropriation Act (No. 3) 2008–2009 to transfer an amount of $2,564,000.00 of the departmental item and $16,164,000.00 of the administered item for Outcome 13 for Health to the departmental item and administered item for Outcome 1 for AOTDTA.
The effect of this Instrument is to reduce the departmental item and administered item for Outcome 13 in Appropriation Act (No. 3) 2008-2009 for Health and insert the departmental item and administered item for Outcome 1 in Appropriation Act (No. 3) 2008-2009 for AOTDTA.
Background
The appropriation amounts transferred relate to the transfer of functions relating to Organ and Tissue Donation matters and associated components from Health to AOTDTA.
Notes on the Instrument
In accordance with the Legislative Instruments Act 2003, Health and AOTDTA were consulted in the preparation of this instrument.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.