Financial Management and Accountability Act 1997 Determination 2010/18 – Section 32 (Transfer of Functions from AGD to DORA) (Cth)

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Financial Management and Accountability Act 1997 Determination 2010/18 — Section 32 (Transfer of Functions from AGD to DORA)

Financial Management and Accountability Act 1997

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 the territories functions from the Attorney-General’s Department to the Department of Regional Australia, Regional Development and Local Government.

Dated 8 October 2010

TIM YOUNGBERRY

First Assistant Secretary

Financial Reporting and Cash Management Division

Department of Finance and Deregulation

  1. Name of Determination

This Determination is the Financial Management and Accountability Act 1997 Determination 2010/18 — Section 32 (Transfer of Functions from AGD to DORA).

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 used in this Determination are as follows:

(a) “AGD” – refers to the Attorney-General’s Department.

(b)“DORA” – refers to the Department of Regional Australia, Regional Development and Local Government.

Note 3: On 14 September 2010, the ministerial portfolios were restructured and departments were renamed. The Department of Regional Australia, Regional Development and Local Government, a department within the Prime Minister and Cabinet portfolio was created. Functions relating to the territories were transferred from the Attorney-General’s Department to the newly‑created department.

  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. 1) 2010-2011

Schedule 1 amends Appropriation Act (No. 1) 2010-2011 to transfer:

(a)an amount of $5,000,000.00 of the departmental item for AGD to the departmental item for DORA; and

(b)an amount of $69,000,000.00 of the administered item for Outcome 2 for AGD to the administered item for Outcome 2 for DORA.

Note: The amount transferred relates to the transfer of the territories functions from AGD to DORA.

  1. Amendment of Appropriation Act (No. 2) 2010-2011

Schedule 2 amends Appropriation Act (No. 2) 2010-2011 to transfer an amount of $10,000,000.00 of the Administered Assets and Liabilities item for AGD to the Administered Assets and Liabilities item for DORA.

Note: The amount transferred relates to the transfer of the territories functions from AGD to DORA.

Schedule 1        Amendment of Appropriation Act (No. 1) 2010-2011

(Clause 3)

[1]       Schedule 1, Attorney-General’s  portfolio, Attorney-General’s Department table, total for Departmental

omit

239,266

insert

234,266

[2]       Schedule 1, Attorney-General’s portfolio, Attorney-General’s Department table, amount for Outcome 2, Administered column

omit

119,488

insert

50,488

[3]       Schedule 1, Attorney-General’s  portfolio, after the Attorney-General’s Department table

insert

Note 1: The table has been amended by a determination under the Financial Management and Accountability Act 1997. 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 agency under the heading “Departmental”; and

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

No other amounts in the table have been amended.

Note 2: Financial Management and Accountability Act 1997 Determination 2010/18 — Section 32 (Transfer of Functions from AGD to DORA) amended two amounts in this table:

(a)        the amount alongside “Total”, under the heading “Departmental”, to transfer an amount to the Departmental item for the Department of Regional Australia, Regional Development and Local Government; and

(b)        the amount alongside “Outcome 2”, under the heading “Administered”, to transfer an amount to “Outcome 2” under the heading “Administered” for the Department of Regional Australia, Regional Development and Local Government.

On 14 September 2010 the Department of Regional Australia, Regional Development and Local Government was created.

[4]       Schedule 1, Regional Australia, Regional Development and Local Government portfolio, Department of Regional Australia, Regional Development and Local Government table

substitute

PRIME MINISTER AND CABINET PORTFOLIO

Appropriation (plain figures)—2010-2011

Departmental

Administered

Total

$'000 $'000 $'000
DEPARTMENT OF REGIONAL AUSTRALIA, REGIONAL DEVELOPMENT AND LOCAL GOVERNMENT

Outcome 1 –

Coordinated community infrastructure and services in rural, regional and local government areas through financial assistance

144,215.59579

Outcome 2 –

Good governance in the Australian Territories through the maintenance and improvement of the overarching legislative framework for self-governing territories, and laws and services for non-self governing territories

69,000
Total: Department of Regional Australia, Regional Development and Local Government 26,000

Note 1: The table has been inserted by a determination under the Financial Management and Accountability Act 1997. 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 agency under the heading “Departmental”; and

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

No other amounts in the table have been amended.

Note 2: Financial Management and Accountability Act 1997 Determination 2010/17 – Section 32 (Transfer of Functions from the former DITRDLG to DORA) added a table and two specific amounts:

(a)the amount alongside “Total”, under the heading “Departmental”, to transfer an amount to the Departmental item from the former Department of Infastructure, Transport, Regional Development and Local Government; and

(b)the amount alongside “Outcome 1”, under the heading “Administered”, to transfer an amount to Outcome 1 of the Administered item from the former Department of Infastructure, Transport, Regional Development and Local Government.

The Department of Infrastructure, Transport, Regional Development and Local Government, was renamed and restructured on 14 September 2010. The Department of Regional Australia, Regional Development and Local Government was created on the same date.

Note 3: Financial Management and Accountability Act 1997 Determination 2010/18 — Section 32 (Transfer of Functions from AGD to DORA) amended the amount alongside “Total: Department of Regional Australia, Regional Development and Local Government”, under the heading “Departmental”, and inserted Outcome 2 and the amount alongside “Outcome 2”, under the heading “Administered”, to transfer amounts from the Attorney-General’s Department.


Schedule 2        Amendment of Appropriation Act (No. 2) 2010-2011

(Clause 4)

[1]       Schedule 2, Attorney-General’s portfolio, Attorney-General’s Department table, amount for Administered Assets and Liabilities, Total column

omit

29,576

insert

19,576

[2]       Schedule 2, Attorney-General’s portfolio, after the


Attorney-General’s Department table

insert

Note 1: The table has been amended by a determination under the Financial Management and Accountability Act 1997. 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 agency 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 agency 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 agency 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 agency opposite the heading “Administered Assets and Liabilities”.

No other amounts in the table have been amended.

Note 2: Financial Management and Accountability Act 1997 Determination 2010/18 — Section 32 (Transfer of Functions from AGD to DORA) amended the amount alongside “Administered Assets and Liabilities”, under the heading “Total”, to transfer an amount alongside “Administered Assets and Liabilities”, under the heading “Total” to the Department of Regional Australia, Regional Development and Local Government.

On 14 September 2010, the Department of Regional Australia, Regional Development and Local Government was created.

[3]      Schedule 2, Regional Australia, Regional Development and Local Government portfolio, Department of Regional Australia, Regional Development and Local Government table

substitute

PRIME MINISTER AND CABINET PORTFOLIO

Appropriation (plain figures)— 2010-2011

Payments to States, ACT, NT and local government New Administered Expenses Total
$'000 $'000 $'000
DEPARTMENT OF REGIONAL AUSTRALIA, REGIONAL DEVELOPMENT AND LOCAL GOVERNMENT
Outcome 1 –
Coordinated community infrastructure and services in rural, regional and local government areas through financial assistance
209,816.68230

Non-operating

Administered Assets and Liabilities

10,000

Total: Department of Regional Australia, Regional Development and Local Government

Note 1: The table has been inserted by a determination under the Financial Management and Accountability Act 1997. 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 agency 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 agency 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 agency 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 agency opposite the heading “Administered Assets and Liabilities”.

No other amounts in the table have been inserted.

Note 2: Financial Management and Accountability Act 1997 Determination 2010/17 – Section 32 (Transfer of Functions from AGD to DORA) amended 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 Infastructure, Transport, Regional Development and Local Government.

The Department of Infrastructure, Transport, Regional Development and Local Government, was renamed and restructured on 14 September 2010. The Department of Regional Australia, Regional Development and Local Government was created on the same date.

Note 3: Financial Management and Accountability Act 1997 Determination 2010/18 — Section 32 (Transfer of Functions from AGD to DORA) inserted Administered Assets and Liabilities” and the amount alongside “Administered Assets and Liabilities”, under the heading “Total”, to transfer an amount from the Attorney-General’s Department.

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