Financial Management and Accountability Act 1997 Determination 2008/18 – Section 32 (Transfer of Functions from former DCITA to DBCDE) (Cth)

Case

FMA Act Determination 2008/18 — Section 32 (Transfer of Functions from former DCITA to DBCDE)

Financial Management and Accountability Act 1997

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, specifically the transfer of the former Department of Communications, Information Technology and the Arts Outcome 3, “Development of services and provision of a regulatory environment which encourages a sustainable and effective communications sector  for the benefit of all Australians and an internationally competitive information economy and Information and Communications Technology industry” to the Department of Broadband, Communications and the Digital Economy.

Dated 29th April 2008

Tim Youngberry

Division Manager

Financial Reporting and Cash Management Division

Department of Finance and Deregulation

  1. Name of Determination

This Determination is the FMA Act Determination 2008/18 — Section 32 (Transfer of Functions from former DCITA to DBCDE).

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 Communications, Information Technology and the Arts portfolio was abolished; and

(b)   the Department of Communications, Information Technology and the Arts was abolished; and

(c)   the Broadband, Communications and Digital Economy portfolio was established; and

(d)   the Department of Broadband, Communications and Digital Economy was established.

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

(a)   “DBCDE” – refers to the Department of Broadband, Communications and the Digital Economy.

(b)   “DCITA” – refers to the Department of Communications, Information Technology and the Arts.

  1. Commencement

This Determination has 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.

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

Schedule 1 amends the Appropriation Act (No. 1) 2005–2006 to transfer an amount of $3,659,626.87 of the administered item for Outcome 3 for the former Department of Communications, Information Technology and the Arts to Outcome 1 of the administered item for the Department of Broadband, Communications and the Digital Economy.

Note   The amount transferred relates to the development of services and provision of a regulatory environment which encourages a sustainable and effective communications sector for the benefit of all Australians and an internationally competitive information economy and Information and Communications Technology industry.

4              Amendment of Appropriation Act (No. 1) 2006-2007

Schedule 2 amends the Appropriation Act (No. 1) 2006–2007 to transfer an amount of $5,223,141.00 of the administered item for Outcome 3 for the former Department of Communications, Information Technology and the Arts to Outcome 1 of the administered item for the Department of Broadband, Communications and the Digital Economy.

Note   The amount transferred relates to the development of services and provision of a regulatory environment which encourages a sustainable and effective communications sector for the benefit of all Australians and an internationally competitive information economy and Information and Communications Technology industry.

5              Amendment of Appropriation Act (No. 3) 2006-2007

Schedule 3 amends the Appropriation Act (No. 3) 2006-2007 to transfer an amount of $6,678,743.00 of the administered item for Outcome 3 for the former Department of Communications, Information Technology and the Arts to Outcome 1 of the administered item for the Department of Broadband, Communications and the Digital Economy.

Note   The amount transferred relates to the development of services and provision of a regulatory environment which encourages a sustainable and effective communications sector for the benefit of all Australians and an internationally competitive information economy and Information and Communications Technology industry.

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

(section 3)

[1]           Schedule 1, Communications, Information Technology and the Arts portfolio, Department of Communications, Information Technology and the Arts table, Outcome 3, Administered Expenses

omit

170,848

insert

167,188.37313

[2]           Schedule 1, Communications, Information Technology and the Arts portfolio, after the Department of Communications, Information Technology and the Arts 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 2008/15 amended the amount alongside Total: Department of Communications, Information Technology and the Arts, under the heading Departmental Outputs, to transfer an amount to the Department of Health and Ageing.

Note 3:       FMA Act Section 32 Determination 2008/18 amended the amount alongside Outcome 3, under the heading Administered Expenses, to transfer an amount to the Department of Broadband, Communications and the Digital Economy.

[3]       Schedule 1, Attorney-General’s portfolio, after the Office of the Privacy Commissioner table

insert

BROADBAND, COMMUNICATIONS AND THE DIGITAL

ECONOMY PORTFOLIO

Appropriation (plain figures)—2005‑2006

Departmental Administered
Outputs Expenses Total
$'000 $'000 $'000
DEPARTMENT OF BROADBAND, COMMUNICATIONS AND THE DIGITAL ECONOMY
Outcome 1 ‑
Development of services and provision of a 3,659.62687
regulatory environment which encourages a sustainable and effective communications sector for the benefit of all Australians and an internationally competitive information economy and Information and Communications Technology industry
Total: Department of Broadband Communications and the
Digital Economy

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 2008/18 inserted the amount alongside Outcome 1, under the heading Administered Expenses, to transfer an amount from the former Department of Communications, Information Technology and the Arts.

Schedule 2        Amendment of Appropriation Act (No. 1) 2006–2007

(section 4)

[1]           Schedule 1, Communications, Information Technology and the Arts portfolio, Department of Communications, Information Technology and the Arts table, Outcome 3, Administered Expenses

omit

433,836

insert

428,612.859

[2]           Schedule 1, Communications, Information Technology and the Arts portfolio, after the Department of Communications, Information Technology and the Arts table

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 2008/18 amended the amount alongside Outcome 3, under the heading Administered Expenses, to transfer an amount to the Department of Broadband, Communications and the Digital Economy.

[3]           Schedule 1, Attorney-General’s portfolio, after the Office of the Privacy Commissioner table

insert

BROADBAND, COMMUNICATIONS AND THE DIGITAL

ECONOMY PORTFOLIO

Appropriation (plain figures)—2006‑2007

Departmental Administered
Outputs Expenses Total
$'000 $'000 $'000
DEPARTMENT OF BROADBAND, COMMUNICATIONS AND THE DIGITAL ECONOMY
Outcome 1 ‑
Development of services and provision of a 5,223.141
regulatory environment which encourages a sustainable and effective communications sector for the benefit of all Australians and an internationally competitive information economy and Information and Communications Technology industry
Total: Department of Broadband Communications and the
Digital Economy

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 2008/18 inserted the amount alongside Outcome 1, under the heading Administered Expenses, to transfer an amount from the former Department of Communications, Information Technology and the Arts.

Schedule 3        Amendment of Appropriation Act (No. 3) 2006–2007

(section 5)

[1]           Schedule 1, Communications, Information Technology and the Arts portfolio, Department of Communications, Information Technology and the Arts table, Outcome 3, Administered Expenses

omit

28,666

insert

21,987.257

[2]           Schedule 1, Communications, Information Technology and the Arts portfolio, after the Department of Communications, Information Technology and the Arts table

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 2008/18 amended the amount alongside Outcome 3, under the heading Administered Expenses, to transfer an amount to the Department of Broadband, Communications and the Digital Economy.

[3]          Schedule 1, Attorney-General’s portfolio, after the Office of the Privacy Commissioner table

insert

BROADBAND, COMMUNICATIONS AND THE DIGITAL

ECONOMY PORTFOLIO

Additional Appropriation (bold figures)—2006‑2007

Departmental
Outputs
Administered
Expenses

Total

$'000 $'000 $'000
DEPARTMENT OF BROADBAND, COMMUNICATIONS AND THE DIGITAL ECONOMY

Outcome 1 ‑

Development of services and provision of a regulatory environment which encourages a sustainable and effective communications sector for the benefit of all Australians and an internationally competitive information economy and Information and Communication Technology industry

6,678.743
Total: Department of Broadband, Communications and the Digital Economy

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 2008/18 inserted the amount alongside Outcome 1, under the heading Administered Expenses, to transfer an amount from the former Department of Communications, Information Technology and the Arts.

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