Federal Register of Legislation - Australian Government

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2014/08 Determinations/Financial (Appropriation) as made
This determination amends the Appropriation Act (No. 1) 2013-2014 to adjust amounts to support functions from the former Department of Resources, Energy and Tourism transferring to the Department of Industry.
Administered by: Finance
Exempt from sunsetting by the Financial Management and Accountability Act 1997 s 32(7)
Registered 02 May 2014
Tabling HistoryDate
Tabled HR13-May-2014
Tabled Senate14-May-2014
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Repealed by Other
Repealing Comments Enabling provision repealed by Schedule 2, Part 1, item 8 of the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014.

EXPLANATORY STATEMENT

Financial Management and Accountability Act 1997

FMA Act Determination 2014/08 — Section 32 (Transfer of Functions from DRET to Industry) (the Determination)

Purpose of the Determination

The Determination is made under section 32 of the Financial Management and Accountability Act 1997 (FMA Act), to adjust amounts appropriated to particular agencies in response to the Administrative Arrangements Order made on 18 September 2013.

The Determination further adjusts appropriations to support functions transferred from the Department of Resources, Energy and Tourism to the Department of Industry (previously known as the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education).

This Determination is the third transfer of appropriations in relation to the abolition of the Department of Resources, Energy and Tourism. An initial transfer of appropriations relating to the Administrative Arrangements Order occurred on 20 September 2013, under FMA Act Determination 2013/08 — Section 32 (Transfer of Functions from DRET to Industry). A second transfer of appropriations occurred on 29 October 2013, under FMA Act Determination

2013/10 — Section 32 (Transfer of Functions from DRET to Industry).

Transfer of Functions generally

Section 32 of the FMA Act enables the Finance Minister to determine that one or more Schedules to one or more Appropriation Acts are amended in a specified way 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 the power to make determinations under section 32 to the Secretary of the Department of Finance. Under section 53 of the FMA Act, the Secretary has, in turn, sub‑delegated this power to certain Senior Executive Service officials within the Department of Finance, including the official who made the Determination.

The Determination is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003.

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is not required for the Determination. 
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires a Statement of Compatibility with Human Rights for all legislative instruments subject to disallowance under
section 42 of the Legislative Instruments Act 2003. A determination under section 32 of the FMA Act is exempt from disallowance under subsection 32(7) of the FMA Act. As such, a Statement of Compatibility with Human Rights is not required.

Consultation and Impact

Consistent with Part 3 of the Legislative Instruments Act 2003, Industry was consulted in the preparation of the Determination.

Summary of Changes

The Determination affects Schedule 1 to the Appropriation Act (No. 1) 2013-2014 in the following way, which results in no change to the total amount appropriated by Parliament:

 

 

Agency affected

Item affected

Appropriation Act

Transfer to      $ ’000

Transfer from

$ ’000

Department of Industry

Administered item, Outcome 5

Appropriation Act (No. 1) 2013-2014

+135,017

Department of Resources, Energy and Tourism

Administered item, Outcome 1

Appropriation Act (No. 1) 2013-2014

-135,017

Total

+135,017

-135,017