I, Tim Youngberry, Division Manager, Financial Reporting and Cash Management Division, Department of Finance and Deregulation, make this Determination under subsection 32 (2) of the Financial Management and Accountability Act 1997 (the FMA Act).

This Determination is made because of changes in the administrative arrangements on 3 December 2007. Amounts related to the transfer of the industry and innovation related functions from the former Department of Industry, Tourism and Resources to the Department of Innovation, Industry, Science and Research were transferred by FMA Act Determination 2008/50 – Section 32 (Transfer of Functions from the former DITR to DIISR). This Determination amends that Instrument by omitting Schedule 3 of that Instrument and substituting an amended Schedule 3 to that Instrument.

Dated 21 August 2008

TIM YOUNGBERRY

1 Name of Determination

  This Determination is the FMA Act Determination 2008/64 — Section 32 (Transfer of Functions from the former DITR to DIISR).

Note 1   This Determination has been made by a delegate of the Secretary of the Department of Finance and Deregulation. The Secretary is a delegate of the Minister for Finance and Deregulation: see sections 53 and 62 of the FMA Act.

Note 2   The Appropriation Acts, as made, refer to the names of particular Departments. However, some of those references have changed due to the reorganisation of government functions on 3 December 2007. The relevant changes are:

(a) the Industry, Tourism and Resources portfolio was abolished; and

(b) the Department of Industry, Tourism and Resources was abolished; and

(c) the Innovation, Industry, Science and Research portfolio was established; and

(d) the Department of Innovation, Industry, Science and Research was established.

Note 3   Acronyms and other organisational names used in this Determination are as follows:

(a) “DITR” – refers to the Department of Industry, Tourism and Resources.

(b) “DIISR” – refers to the Department of Innovation, Industry, Science and Research.

2 Commencement

  This Determination is taken to have commenced on 3 December 2007.

Note   Under subsection 32 (8) of the FMA Act, a Determination may be expressed to take effect before its making and registration under the Legislative Instruments Act 2003.

3 Amendment of Appropriation Act (No. 1) 2005-2006

  Schedule 1 substitutes a new Schedule 3 to FMA Act Determination 2008/50 – Section 32 (Transfer of Functions from the former DITR to DIISR). The new Schedule 3 amends the Appropriation Act (No. 1) 2005-2006 to transfer an amount of $7,784,642.11 of the departmental item from the Department of Industry, Tourism and Resources to the departmental item for the Department of Innovation, Industry, Science and Research.

Note   The amount transferred relates to the transfer of industry and innovation related functions amounts originally transferred by FMA Act Determination 2008/50 – Section 32 (Transfer of Functions from the former DITR to DIISR).

4 Amendment of FMA Act Determination 2008/50 – Section 32 (Transfer of Functions from the former DITR to DIISR)

This Determination amends the FMA Act Determination 2008/50 – Section 32 (Transfer of Functions from the former DITR to DIISR) made on 30 June 2008 by omitting Schedule 3 of FMA Act Determination 2008/50 and substituting a new Schedule 3 in that Instrument.

5 Savings

(a) Nothing in clause 4 affects the validity of anything done under the FMA Act Determination 2008/50 – Section 32 (Transfer of Functions from the former DITR to DIISR).

(b)  Nothing in this Determination affects the validity of expenditure under an appropriation that existed at the time of the expenditure.

Schedule 1 Amendment of Appropriation Act
(No. 1) 2005-2006

(section 3)

[1] Omit

  Schedule 3 of FMA Act Determination 2008/50 – Section 32 (Transfer of Functions from the former DITR to DIISR)

[2] Insert

Schedule 3 Amendment of Appropriation Act
(No. 1) 2005-2006

(section 5)

[1] Schedule 1, Industry, Tourism and Resources portfolio, Department of Industry, Tourism and Resources table, Departmental Outputs

omit

265,508

insert

257,723.35789

[2] Schedule 1, Industry, Tourism and Resources portfolio, after the Department of Industry, Tourism and Resources table

omit the notes, insert

Note 1: The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and

(b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.

No other amounts in the table have been amended.

Note 2: FMA Act Section 32 Determination 2008/13 amended the amount alongside Outcome 1, under the heading Administered Expenses, to transfer an amount to the Department of Innovation, Industry, Science and Research.

Note 3: Schedule 3 of FMA Act Section 32 Determination 2008/50 amended the amount alongside Total: Department of Industry, Tourism and Resources, under the heading Departmental Outputs, to transfer an amount to the Department of Innovation, Industry, Science and Research.  Schedule 3 of FMA Act Section 32 Determination 2008/50 was omitted and substituted by FMA Act Determination 2008/64.

Note 4: FMA Act Section 32 Determination 2008/64 amended FMA Act Section 32 Determination 2008/50 to substitute a new Schedule 3 to that Instrument that amended the amount alongside Total: Department of Industry, Tourism and Resources, under the heading Departmental Outputs, to transfer an amount to the Department of Innovation, Industry, Science and Research.

[3] Schedule 1, Innovation, Industry, Science and Research portfolio, Department of Innovation, Industry, Science and Research table, total for Department of Innovation, Industry, Science and Research, Departmental Outputs

omit

202.58314

insert

7,987.22525

[4] Schedule 1, Innovation, Industry, Science and Research portfolio, after the Department of Innovation, Industry, Science and Research table

omit the notes, insert

Note 1: The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and

(b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.

No other amounts in the table have been amended.

Note 2: FMA Act Section 32 Determination 2008/13 inserted the amount alongside Outcome 1, under the heading Administered Expenses, to transfer an amount from the former Department of Industry, Tourism and Resources.

Note 3: FMA Act Section 32 Determination 2008/49 inserted the amount alongside Total: Department of Innovation, Industry, Science and Research, under the heading Departmental Outputs, to transfer an amount from the former Department of Communications, Information Technology and the Arts.

Note 4: Schedule 3 of FMA Act Section 32 Determination 2008/50 inserted the amount alongside Total: Department of Innovation, Industry, Science and Research, under the heading Departmental Outputs, to transfer an amount from the former Department of Industry, Tourism and Resources.  Schedule 3 of FMA Act Section 32 Determination 2008/50 was omitted and substituted by FMA Act Determination 2008/64.

Note 5: FMA Act Section 32 Determination 2008/64 amended FMA Act Section 32 Determination 2008/50 to substitute a new Schedule 3 to that Instrument that amended the amount alongside Total: Department of Innovation, Industry, Science and Research, under the heading Departmental Outputs, to transfer an amount from the former Department of Industry, Tourism and Resources.