I, Tim Youngberry, First Assistant Secretary, 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 due to a decision of the Australian Government to transfer energy efficiency functions from the Department of the Environment, Water, Heritage and the Arts to the Department of Climate Change and Energy Efficiency.

Dated 14 May 2010

Tim Youngberry

1 Name of Determination

  This Determination is the FMA Act Determination 2010/09 — Section 32 (Transfer of Functions from DEWHA to DCCEE).

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 in accordance with section 62 of the FMA Act.  The Secretary has delegated his power in accordance with section 53 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.  Specifically, on 8 March 2010, the Administrative Arrangements Order renamed the then Department of Climate Change as the Department of Climate Change and Energy Efficiency.

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

(a) “DEWHA” – refers to the Department of the Environment, Water, Heritage and the Arts.

(b) “DCCEE” – refers to Department of Climate Change and Energy Efficiency.

2 Commencement

  This Determination is taken to have commenced on 30 April 2010.

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) 2009‑2010

  Schedule 1 amends the Appropriation Act (No. 1) 2009‑2010 to transfer an amount of $354,957,256.92 of the administered item for Outcome 2 for the Department of the Environment, Water, Heritage and the Arts to the administered item for Outcome 1 for the Department of Climate Change and Energy Efficiency.

Note   The amount transferred relates to the funding of functions related to energy efficiency.

4 Amendment of Appropriation (Water Entitlements and Home Insulation) Act 2009‑2010

  Schedule 2 amends the Appropriation (Water Entitlements and Home Insulation) Act 2009‑2010 to transfer an amount of $218,806,346.03 of the administered item for Outcome 2 for the Department of the Environment, Water, Heritage and the Arts to the administered item for Outcome 1 for the Department of Climate Change and Energy Efficiency.

Note   The amount transferred relates to the funding of functions related to energy efficiency.

5 Amendment of Appropriation Act (No. 3) 2009‑2010

  Schedule 3 amends the Appropriation Act (No. 3) 2009‑2010 to transfer an amount of $397,521,000 of administered item for Outcome 2 for the Department of the Environment, Water, Heritage and the Arts to the administered item for Outcome 1 for the Department of Climate Change and Energy Efficiency.

Note   The amount transferred relates to the funding of functions related to energy efficiency.

6 Amendment of Appropriation Act (No. 4) 2009‑2010

  Schedule 4 amends the Appropriation Act (No. 4) 2009‑2010 to transfer an amount of $8,045,000 of the States, ACT, NT and local government item for Outcome 2 for the Department of the Environment, Water, Heritage and the Arts to the States, ACT, NT and local government item for Outcome 1 for the Department of Climate Change and Energy Efficiency.

Note   The amount transferred relates to the funding of functions related to energy efficiency.

Schedule 1 Amendment of Appropriation Act (No. 1) 2009‑2010

(Clause 3)  

[1] Schedule 1, Environment, Water, Heritage and the Arts portfolio, Department of the Environment, Water, Heritage and the Arts table, Administered Expenses, Outcome 2

omit

2,143,169

insert

1,788,211.74308

[2] Schedule 1, Environment, Water, Heritage and the Arts portfolio, after the Department of the Environment, Water, Heritage and the Arts table

insert the notes

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 2010/07 amended the amount alongside Total: Department of the Environment, Water, Heritage and the Arts under the heading Departmental Outputs, to transfer an amount to the Department of Climate Change.

Note 3: FMA Act Section 32 Determination 2010/09 amended the amount alongside Outcome 2 under the heading Administered Expenses, to transfer an amount to the Department of Climate Change and Energy Efficiency.

 [3] Schedule 1, Prime Minister and Cabinet portfolio, Department of Climate Change table, Administered Expenses, Outcome 1

omit

245,541

insert

600,498.25692

[4] Schedule 1, Prime Minister and Cabinet portfolio, after Department of Climate Change table

Insert the notes

Note 1: The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted 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 inserted.

Note 2: FMA Act Section 32 Determination 2010/07 amended the amount alongside Total: Department of Climate Change under the heading Departmental Outputs, to transfer an amount from the Department of the Environment, Water, Heritage and the Arts.

Note 3: FMA Act Section 32 Determination 2010/09 amended the amount alongside Outcome 1 under the heading Administered Expenses, to transfer an amount from the Department of the Environment, Water, Heritage and the Arts.

Schedule 2 Amendment of Appropriation (Water Entitlements and Home Insulation) Act 2009‑2010

(Clause 4)  

[1] Schedule 1, Environment, Water, Heritage and the Arts portfolio, Department of the Environment, Water, Heritage and the Arts table, Administered Expenses, Outcome 2

omit

695,780

insert

476,973.65397

[2] Schedule 1, Environment, Water, Heritage and the Arts portfolio, after the Department of the Environment, Water, Heritage and the Arts table

insert the notes

Note 1: The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted 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 inserted.

Note 2:  FMA Act Section 32 Determination 2010/09 amended the amount alongside Outcome 2 under the heading Administered Expenses, to transfer an amount to the Department of Climate Change and Energy Efficiency.

[3] Schedule 1, before the Environment, Water, Heritage and the Arts Portfolio Summary Table

insert

Note 1: This table has been inserted by FMA section 32 Determination 2010/09. That determination has inserted 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.

Schedule 3 Amendment of Appropriation Act (No. 3) 2009‑2010

(Clause 5)  

[1] Schedule 1, Environment, Water, Heritage and the Arts portfolio, Department of the Environment, Water, Heritage and the Arts table, Administered Expenses, Outcome 2

omit

397,521

insert

‑

[2] Schedule 1, Environment, Water, Heritage and the Arts portfolio, after the Department of the Environment, Water, Heritage and the Arts table

insert the notes

Note 1: The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted 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 inserted.

Note 2:  FMA Act Section 32 Determination 2010/09 amended the amount alongside Outcome 2 under the heading Administered Expenses, to transfer an amount to the Department of Climate Change and Energy Efficiency.

[3] Schedule 1, Prime Minister and Cabinet portfolio, Department of Climate Change table, Administered Expenses, Outcome 1

omit

‑

insert

397,521

[4] Schedule 1, Prime Minister and Cabinet portfolio, after Department of Climate Change table

Insert the notes

Note 1: The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted 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 inserted.

Note 2:  FMA Act Section 32 Determination 2010/09 amended the amount alongside Outcome 1 under the heading Administered Expenses, to transfer an amount from the Department of the Environment, Water, Heritage and the Arts.

Schedule 4 Amendment of Appropriation Act (No. 4) 2009‑2010

(Clause 6)  

[1] Schedule 2, Environment, Water, Heritage and the Arts portfolio, Department of the Environment, Water, Heritage and the Arts table, Payments to States, ACT, NT and local government, Outcome 2

omit

35,670

insert

27,625

[2] Schedule 2, Environment, Water, Heritage and the Arts portfolio, after the Department of the Environment, Water, Heritage and the Arts table

insert the notes

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 other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years’ Outputs”; and

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

(c) for States, ACT, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT and local government”; and

(d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”.

 No other amounts in the table have been amended.

Note 2: FMA Act Section 32 Determination 2010/09 amended the amount alongside Outcome 2, under the heading Payments to States, ACT, NT and local government to transfer an amount to the Department of Climate Change and Energy Efficiency.

[3] Schedule 2, before the Environment, Water, Heritage and the Arts Portfolio Summary Table

insert

Note 1: This table has been inserted by FMA section 32 Determination 2010/09. That determination has inserted only the actual appropriation items:

 (a)  for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years’ Outputs”; and

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

(c) for States, ACT, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT and local government”; and

(d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”.

 No other amounts in the table have been amended.