The instrument to which this explanatory statement relates
FMA Act Determination 2009/13 – Section 32 (Transfer of Functions from AFPCS to FWA)
Date instrument was made
18 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) 2008-2009 to transfer an amount of $2,180,292.70 of the departmental item for the Australian Fair Pay Commission Secretariat (AFPCS) to the departmental item for Fair Work Australia (FWA).
The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2008-2009 for AFPCS and increase the departmental item in Appropriation Act (No. 1) 2008-2009 for FWA.
Schedule 2 of this Instrument amends the Appropriation Act (No. 1) 2007-2008 to transfer an amount of $1,326,712.46 of the departmental item for the Australian Fair Pay Commission Secretariat (AFPCS) to the departmental item for Fair Work Australia (FWA).
The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2007-2008 for AFPCS and increase the departmental item in Appropriation Act (No. 1) 2007-2008 for FWA.
Schedule 3 of this Instrument amends the Appropriation Act (No. 1) 2006-2007 to transfer an amount of $2,724,364.63 of the departmental item for the Australian Fair Pay Commission Secretariat (AFPCS) to the departmental item for Fair Work Australia (FWA).
The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2006-2007 for AFPCS and increase the departmental item in Appropriation Act (No. 1) 2006-2007 for FWA.
Background
The appropriation amounts transferred relate to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 which transferred the operations of the Australian Fair Pay Commission Secretariat to Fair Work Australia.
Notes on the Instrument
In accordance with the Legislative Instruments Act 2003, AFPC and FWA were consulted in the preparation of this instrument.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.