Financial Management and Accountability Act 1997 Determination 2010/12 Section 32 (Transfer of Functions from AIR to FWA) (Cth)

Case

FMA Act Determination 2010/12 — Section 32 (Transfer of Functions from AIR to FWA)

Financial Management and Accountability Act 1997

I, Hawari Badri, Acting 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 the operations of the Australian Industrial Registry to Fair Work Australia under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

Dated 9 July 2010

HAWARI BADRI

Acting First Assistant Secretary

Financial Reporting and Cash Management Division

Department of Finance and Deregulation

  1. Name of Determination

This Determination is the FMA Act Determination 2010/12 — Section 32 (Transfer of Functions from AIR to FWA).

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

(a)   “AIR” – refers to the Australian Industrial Registry.

(b)   “FWA” – refers to Fair Work Australia.

  1. Commencement

This Determination commences on the day on which it is made.

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. 4) 2005‑2006

Schedule 1 amends the Appropriation Act (No. 4) 2005‑2006 to transfer an amount of $2,125,000 of “Equity Injections” (an other departmental item defined in section 3 of that Act) from the Australian Industrial Registry to the Equity Injections for Fair Work Australia.

Note   The amount transferred relates to the transfer of operations of the Australian Industrial Registry.

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

Schedule 2 amends the Appropriation Act (No. 4) 2006‑2007 to transfer an amount of $6,677,000 of “Equity Injections” (an other departmental item defined in section 3 of that Act) from the Australian Industrial Registry to the Equity Injections for Fair Work Australia.

Note   The amount transferred relates to the transfer of operations of the Australian Industrial Registry.

  1. Amendment of Appropriation Act (No. 1) 2008‑2009

Schedule 3 amends the Appropriation Act (No. 1) 2008‑2009 to transfer an amount of $34,337,278.46 of the departmental item for the Australian Industrial Registry to the departmental item for Fair Work Australia.

Note   The amount transferred relates to the transfer of operations of the Australian Industrial Registry.

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

Schedule 4 amends the Appropriation Act (No. 1) 2009‑2010 to transfer an amount of $1,478,822.20 of the departmental item for the Australian Industrial Registry to the departmental item for Fair Work Australia.

Note   The amount transferred relates to the transfer of operations of the Australian Industrial Registry.

Schedule 1        Amendment of Appropriation Act (No. 4) 2005‑2006

(Clause 3)  

[1]           Schedule 2, Employment and Workplace Relations portfolio, Australian Industrial Registry table, total for the Australian Industrial Registry, Equity Injections

omit

2,125

insert

0

[2]           Schedule 2, Employment and Workplace Relations portfolio, after the Australian Industrial Registry 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 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 2010/12 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount to Fair Work Australia.

[3]          Schedule 2 , Employment and Workplace Relations portfolio, before Environment and Heritage Portfolio, Department of the Environment and Heritage table

Insert

EMPLOYMENT AND WORKPLACE RELATIONS PORTFOLIO

Additional Appropriation (bold figures)—2005‑2006

Specific Payments to the States and Territories New Administered Expenses Total
$'000 $'000 $'000
FAIR WORK AUSTRALIA

Non-operating

Equity Injections

2,125
Total: Fair Work Australia 2,125

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 2010/12 inserted the amount alongside Equity Injections, under the heading Total, to transfer an amount from the Australian Industrial Registry.

Schedule 2        Amendment of Appropriation Act (No. 4) 2006‑2007

(Clause 4)  

[1]           Schedule 2, Employment and Workplace Relations portfolio, Australian Industrial Registry table, total for the Australian Industrial Registry, Equity Injections

omit

6,677

insert

0

[2]           Schedule 2, Employment and Workplace Relations portfolio, after the Australian Industrial Registry 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 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 2010/12 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount to Fair Work Australia.

[3]           Schedule 2, Employment and Workplace Relations portfolio, before Office of Workplace Services table,

Insert

EMPLOYMENT AND WORKPLACE RELATIONS PORTFOLIO

Additional Appropriation (bold figures)—2005‑2006

Specific Payments to the States and Territories New Administered Expenses Total
$'000 $'000 $'000
FAIR WORK AUSTRALIA

Non-operating

Equity Injections

6,677
Total: Fair Work Australia 6,677

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 2010/12 inserted the amount alongside Equity Injections, under the heading Total, to transfer an amount from the Australian Industrial Registry.

Schedule 3        Amendment of Appropriation Act (No. 1) 2008‑2009

(Clause 5)  

[1]           Schedule 1, Education, Employment and Workplace Relations portfolio, Australian Industrial Registry table, total for the Australian Industrial Registry, Departmental Outputs

omit

55,258

insert

20,920.72154

[2]           Schedule 1, Education, Employment and Workplace Relations portfolio, after the Australian Industrial Registry 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 2010/12 amended the amount alongside Total: Australian Industrial Registry, under the heading Departmental Outputs, to transfer an amount to Fair Work Australia.

[3]           Schedule 1, Education, Employment and Workplace Relations portfolio, before the Office of the Australian Building and Construction Commissioner table,

Insert

EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS PORTFOLIO

Appropriation (plain figures)—2008‑2009

Departmental Outputs Administered Expenses Total
$'000 $'000 $'000
FAIR WORK AUSTRALIA
Total: Fair Work Australia 34,337.27846

Note 1:         The table has been inserted 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 inserted.

Note 2:    FMA Act Section 32 Determination 2010/12 inserted the amount alongside Total: Fair Work Australia, under the heading Departmental Outputs, to transfer an amount from the Australian Industrial Registry.

Schedule 4        Amendment of Appropriation Act (No. 1) 2009‑2010

(Clause 6)  

[1]           Schedule 1, Education, Employment and Workplace Relations portfolio, Australian Industrial Registry table, total for the Australian Industrial Registry, Departmental Outputs

omit

7,282

insert

5,803.1778

[2]           Schedule 1, Education, Employment and Workplace Relations portfolio, after the Australian Industrial Registry 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 2010/12 amended the amount alongside Total: Australian Industrial Registry, under the heading Departmental Outputs, to transfer an amount to Fair Work Australia.

[3]           Schedule 1, Education, Employment and Workplace Relations portfolio, Fair Work Australia table, total for Fair Work Australia, Departmental Outputs

omit

67,603

insert

69,081.8222

[4]           Schedule 1, Education, Employment and Workplace Relations portfolio, after the Fair Work Australia 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 2010/12 amended the amount alongside Total: Fair Work Australia, under the heading Departmental Outputs, to transfer an amount from the Australian Industrial Registry.

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