Federal Register of Legislation - Australian Government

Primary content

2010/16 Determinations/Financial (Other) as made
This Determination amends Appropriation Act (No. 1) 2010-2011 to transfer an amount of departmental appropriation due to the transfer of energy efficiency functions from the Department of the Environment, Water, Heritage and the Arts to the Department of Climate Change and Energy Efficiency.
Administered by: Finance
Exempt from sunsetting by the Financial Management and Accountability Act 1997 s 32(7)
Registered 13 Aug 2010
Tabling HistoryDate
Tabled HR28-Sep-2010
Tabled Senate28-Sep-2010
Date of repeal 01 Jul 2014
Repealed by Other
Repealing Comments Enabling provision repealed by Schedule 2, Part 1, item 8 of the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014.

The instrument to which this explanatory statement relates

 

Financial Management and Accountability Act 1997 Determination 2010/16 – Section 32 (Transfer of Functions from DEWHA to DCCEE)

 

Date instrument was made

6 August 2010

 

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 certain officials within Finance.

 

Purpose and effect of the instrument

 

Schedule 1 of this Instrument amends the Appropriation Act (No. 1) 2010-2011 to transfer an amount of $40,541,000.00 of the departmental item from the Department of the Environment, Water, Heritage and the Arts (DEWHA) to the Department of Climate Change and Energy Efficiency (DCCEE). 

The effect of this schedule is to reduce the departmental item in Appropriation Act (No. 1) 2010-2011 for DEWHA and increase the departmental item in Appropriation Act (No. 1) 2010‑2011 for DCCEE.

 

Background

The appropriation amount transferred relates to the transfer of energy efficiency functions from DEWHA to DCCEE as reflected in changes to the Administrative Arrangements Order on 8 March 2010.   

Notes on the Instrument

In accordance with Part 3 of the Legislative Instruments Act 2003, DEWHA and DCCEE were consulted in the preparation of this instrument.  This Determination is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003.