Financial Management and Accountability Act 1997 Determination 2010/31 – Section 32 (Transfer of Functions from ASIO to DPMC) (Cth)

Financial Management and Accountability Act 1997 Determination 2010/31 – Section 32 (Transfer of Functions from ASIO to DPMC)

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 cyber policy co-ordination functions from the Australian Security Intelligence Organisation to the Department of the Prime Minister and Cabinet.

Dated 17 November 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 2010/31 – Section 32 (Transfer of Functions from ASIO to DPMC).

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)“ASIO” – refers to the Australian Security Intelligence Organisation; and

(b)“DPMC” – refers to the Department of the Prime Minister and Cabinet.

Note 3: On 14 September 2010 the ministerial portfolios were restructured and departments were renamed. Functions relating to cyber policy co-ordination were transferred from the Australian Security Intelligence Organisation to the Department of the Prime Minister and Cabinet.

2              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.

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

Schedule 1 amends Appropriation Act (No. 1) 2010-2011 to transfer an amount of $320,000 of the departmental item for ASIO to the departmental item for DPMC.

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

(Clause 3)

[1]Schedule 1, Attorney-General’s portfolio, Australian Security Intelligence Organisation table

omit

373,447

insert

373,127

[2]Schedule 1, Attorney-General’s portfolio, after the Australian Security Intelligence Organisation 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 2010/31 – Section 32 (Transfer of Functions from ASIO to DPMC) amended the amount alongside “Total” under the heading “Departmental”, to transfer an amount to the departmental item for the Department of the Prime Minister and Cabinet.

On 14 September 2010 the ministerial portfolios were restructured and departments were renamed. Functions relating to cyber policy co-ordination were transferred from the Australian Security Intelligence Organisation to the Department of the Prime Minister and Cabinet.

[3]Schedule 1, Prime Minister and Cabinet portfolio, Department of the Prime Minister and Cabinet table

omit

136,166

insert

136,486

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

omit the notes, 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 2010/27 – Section 32 (Transfer of Functions from Health to DPMC) amended two amounts in this table:

(a)amended the amount alongside “Total”, under the heading “Departmental”, to transfer an amount to the Departmental item from the Department of Health and Ageing; and

(b)added an “Outcome 3” and, alongside Outcome 3, an amount under the heading “Administered”, to transfer an amount to the Outcome 3 Administered item from the Department of Health and Ageing.

Functions relating to sport and recreation were transferred from the Department of Health and Ageing to the Department of the Prime Minister and Cabinet due to a Government decision with effect from 14 September 2010.

Note 3: Financial Management and Accountability Act 1997 Determination 2010/29 – Section 32 (Transfer of Functions from DPMC to OAIC) amended in this table the amount alongside “Total” under the heading “Departmental”, to transfer an amount to the departmental item for the Office of the Australian Information Commissioner.

The Office of the Australian Information Commissioner was established by the Australian Information Commissioner Act 2010, effective on 1 November 2010.

Note 4: Financial Management and Accountability Act 1997 Determination 2010/31 – Section 32 (Transfer of Functions from ASIO to PM&C) amended an amount alongside “Total” under the heading “Departmental”, to transfer an amount to the departmental item from the Australian Security Intelligence Organisation.

On 14 September 2010 the ministerial portfolios were restructured and departments were renamed. Functions relating to cyber policy co-ordination were transferred from the Australian Security Intelligence Organisation to the Department of the Prime Minister and Cabinet.