Financial Management and Accountability Act 1997 Determination 2008/50 – Section 32 (Transfer of Functions from the former DITR to DIISR) (Cth)

Case

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

as amended

made under section 32 of the

Financial Management and Accountability Act 1997

This compilation was prepared on 2 September 2008


taking into account amendments up to FMA Act Determination 2008/64 — Section 32 (Transfer of Functions from the former DITR to DIISR)

Prepared by the Department of Finance and Deregulation

  1. Name of Determination

This Determination is the FMA Act Determination 2008/50 – 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.

  1. 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. 2) 2003-2004

Schedule 1 amends the Appropriation Act (No. 2) 2003-2004 to transfer an amount of $143,000.00 of “Previous Years’ Outputs” (an other departmental item defined in Section 3 of that Act) from the former Department of Industry, Tourism and Resources to the Previous Years’ Outputs for the Department of Innovation, Industry, Science and Research.

Note   The amount transferred relates to the transfer of industry and innovation related functions.

  1. Amendment of Appropriation Act (No. 1) 2004-2005

Schedule 2 amends the Appropriation Act (No. 1) 2004-2005 to transfer an amount of $18,230,756.72 of the departmental item from the former 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.

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

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 former 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.

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

Schedule 4 amends the Appropriation Act (No. 3) 2005-2006 to transfer an amount of $182,000.00 of the departmental item for the former 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.

7              Amendment of Appropriation Act (No. 2) 2006-2007

Schedule 5 amends the Appropriation Act (No. 2) 2006-2007 to transfer an amount of $2,186,901.00 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) from the former Department of Industry, Tourism and Resources to the Equity Injections for the Department of Innovation, Industry, Science and Research.

Note   The amount transferred relates to the transfer of industry and innovation related functions.

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

Schedule 6 amends the Appropriation Act (No. 3) 2006-2007 to transfer an amount of $3,532,997.00 of the departmental item from the former 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.

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

Schedule 7 amends the Appropriation Act (No. 5) 2006-2007 to transfer an amount of $153,000.00 of the departmental item from the former 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.

Schedule 1     Amendment of Appropriation Act
(No. 2) 2003-2004

(section 3)

[1]           Schedule 2, Industry, Tourism and Resources portfolio, Department of Industry, Tourism and Resources table, Previous Years’ Outputs

omit

143

insert

-

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

insert

Note 1:The table has been amended by a Determination under section 32 of the FMA Act. 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 State, 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 Determination 2008/50 amended the amount alongside Previous Year’s Outputs, under the heading Total, to transfer an amount to the Department of Innovation, Industry, Science and Research.

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

insert

INNOVATION, INDUSTRY, SCIENCE AND RESEARCH PORTFOLIO

Appropriation (plain figures) — 2003‑2004

Specific
Payments to New
the States and Administered
Territories Expenses Total
$'000 $'000 $'000
DEPARTMENT OF INNOVATION, INDUSTRY, SCIENCE AND RESEARCH
Non‑operating
Previous Years’ Outputs 143
Total: Department of Innovation, Industry,
Science and Research

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 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 State, 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 inserted.

Note 2:          FMA Act Determination 2008/50 inserted the amount alongside Previous Year’s Outputs, under the heading Total, to transfer an amount from the former Department of Industry, Tourism and Resources.

Schedule 2     Amendment of Appropriation Act
(No. 1) 2004-2005

(section 4)

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

omit

268,956

insert

250,725.24328

[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:          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.

  1. 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

insert

18,230.75672

[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 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 2008/13 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 2008/50 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     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

  1. 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.

  1. 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.

Schedule 4     Amendment of Appropriation Act
(No. 3) 2005-2006

(section 6)

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

omit

182

insert

-

  1. Schedule 1, Industry, Tourism and Resources portfolio, after the Department of Industry, Tourism and Resources 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 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.

  1. Schedule 1, Industry, Tourism and Resources portfolio, after the IP Australia table

insert

INNOVATION, INDUSTRY, SCIENCE AND RESEARCH PORTFOLIO

Additional Appropriation (bold figures)—2005‑2006

Departmental Administered
Outputs Expenses Total
$'000 $'000 $'000
DEPARTMENT OF INNOVATION, INDUSTRY, SCIENCE AND RESEARCH
Total: Department of Innovation, Industry, 182
Science and Research

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 amended.

Note 2:          FMA Act 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 5     Amendment of Appropriation Act
(No. 2) 2006-2007

(section 7)

[1]           Schedule 2, Industry, Tourism and Resources portfolio, Department of Industry, Tourism and Resources table, Equity Injections

omit

10,493

insert

8,306.099

[2]           Schedule 2, 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 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 State, 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 2008/13 amended the amount alongside Outcome 1, under the heading Payments to States, ACT, NT and local government, to transfer an amount to the Department of Innovation, Industry, Science and Research.

Note 3:          FMA Act Section 32 Determination 2008/14 amended the amount alongside Outcome 1, under the heading Payments to States, ACT, NT and local government, to transfer an amount to the Department of Resources, Energy and Tourism.

Note 4:          FMA Act Section 32 Determination 2008/50 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount to the Department of Innovation, Industry, Science and Research.

  1. Schedule 2, Innovation, Industry, Science and Research portfolio, Department of Innovation, Industry, Science and Research table, Equity Injections

insert

2,186.901

[4]           Schedule 2, 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 inserted by a Determination under section 32 of the FMA Act. 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 State, 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 inserted.

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

Note 3:          FMA Act Section 32 Determination 2008/50 inserted the amount alongside Equity Injections, under the heading Total, to transfer an amount from the former Department of Industry, Tourism and Resources.

Schedule 6     Amendment of Appropriation Act (No. 3) 2006-2007

(section 8)

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

omit

18,168

insert

14,635.003

  1. Schedule 1, Industry, Tourism and Resources portfolio, after the Department of Industry, Tourism and Resources 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 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.

  1. Schedule 1, Industry, Tourism and Resources portfolio, after the IP Australia table

insert

INNOVATION, INDUSTRY, SCIENCE AND RESEARCH PORTFOLIO

Additional Appropriation (bold figures) — 2006‑2007

Departmental Administered
Outputs Expenses Total
$'000 $'000 $'000
DEPARTMENT OF INNOVATION, INDUSTRY, SCIENCE AND RESEARCH
Total: Department of Innovation, Industry, 3,532.997
Science and Research

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

(section 9)

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

omit

153

insert

-

  1. Schedule 1, Industry, Tourism and Resources portfolio, after the Department of Industry, Tourism and Resources 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 2008/50 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.

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

insert

INNOVATION, INDUSTRY, SCIENCE AND RESEARCH PORTFOLIO

Additional Appropriation (bold figures) — 2006‑2007

Departmental Administered
Outputs Expenses Total
$'000 $'000 $'000
DEPARTMENT OF INNOVATION, INDUSTRY, SCIENCE AND RESEARCH
Total: Department of Innovation, Industry, 153
Science and Research

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 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.

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

Note 1

The FMA Act Determination 2008/50 – Section 32 (Transfer of Functions from the former DITR to DIISR) (in force under section 32 of the Financial Management and Accountability Act 1997) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

FMA Act Determination 2008/50 – Section 32 (Transfer of Functions from the former DITR to DIISR) 01/07/2008 (see F2008L02367) 3 December 2007
FMA Act Determination 2008/64 – Section 32 (Transfer of Functions from the former DITR to DIISR) 28/08/2008 (see F2008L03218) 3 December 2007 Paragraph 5 (see Table A)

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Schedule 3

Schedule 3............................ rs. 2008/64

Table A

FMA Act Determination 2008/64 – Section 32 (Transfer of Functions from the former DITR to DIISR)

  1. 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.

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