The instrument to which this explanatory statement relates

FMA Act Determination 2009/12 – Section 32 (Transfer of Functions from DEEWR to SWA)

Date instrument was made

10 September 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) 2009-2010 to transfer an amount of $8,814,500.00 of the departmental item for the Department of Education, Employment and Workplace Relations (DEEWR) to the departmental item for Safe Work Australia (SWA).

The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2009-2010 for DEEWR and increase the departmental item in Appropriation Act
(No. 1) 2009-2010 for SWA.

Background

The appropriation amount transferred relates to the transfer of functions for the establishment of harmonised occupational health and safety laws across Australia and development of national policy relating to workers' compensation from DEEWR to SWA.

Notes on the Instrument

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

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