Financial Management and Accountability Act 1997 Determination 2013/02 – Section 32 (Transfer of Functions from AGD to OPC) (Cth)

FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC)

Financial Management and Accountability Act 1997

I, ALAN GREENSLADE, 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 (FMA Act), as delegate of the Secretary of the Department of Finance and Deregulation, who, in turn, is a delegate of the Finance Minister.

This Determination is made due to a change made to the Parliamentary Counsel Act 1970 on 1 October 2012, to transfer the functions relating to the former Office of Legislative Drafting and Publishing from the Attorney‑General’s Department (AGD) to the Office of Parliamentary Counsel (OPC).

Dated   8 May 2013

ALAN GREENSLADE

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 2013/02 — Section 32 (Transfer of Functions from AGD to OPC).

2  Commencement

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

3  Purpose

The purpose of this Determination is to adjust appropriations in the Schedule of 4 Appropriation Acts, to reflect a transfer of functions (in relation to the former Office of Legislative Drafting and Publishing) from AGD to OPC.

Note 1: The transfer of functions was implemented through a change made to the Parliamentary Counsel Act 1970 on 1 October 2012.

Note 2: This Determination has been made by a delegate of the Secretary of the Department of Finance and Deregulation. The Secretary is, in turn, a delegate of the Finance Minister (in accordance with section 62 of the FMA Act) and the Secretary has sub-delegated that power to the signatory of this Determination (in accordance with section 53 of the FMA Act).

4  Amendment of Appropriation Acts

Schedules of the following Appropriation Acts are amended, as set out in the relevant Schedules to this Determination:

(a)  Appropriation Act (No. 1) 2012-2013; and

(b)  Appropriation Act (No. 1) 2008-2009; and

(c)  Appropriation Act (No. 3) 2008-2009; and

(d)  Appropriation Act (No. 3) 2006-2007.

Note 1:       The amendments have a combined effect, on these 4 Appropriation Acts, that results in no change to the total amount appropriated. A single amount is added to the departmental appropriation item of OPC, in Appropriation Act (No. 1) 2012-2013, that is equal to the sum of amounts transferred from 5 separate appropriation items, relating to AGD, as follows:

(a)    an amount from AGD’s departmental appropriation item, and also an amount from AGD’s administered appropriation item, in Appropriation Act (No. 1) 2012-2013; and

(b)    amounts from the remaining departmental appropriation item for AGD in 3 prior‑year Acts: Appropriation Act (No. 1) 2008-2009; Appropriation Act (No. 3) 2008-2009; and Appropriation Act (No. 3) 2006-2007.

5  Definitions

In this Determination:

AGD means the Attorney-General’s Department.

OPC means the Office of Parliamentary Counsel.

FMA Act means the Financial Management and Accountability Act 1997.

Schedule 1—Amendment of Appropriation Act (No. 1) 2012‑2013

1  At the end of Schedule 1, on a new page

Insert:

Amendment of Schedule 1 arising from Determination(s) under section 32 of the Financial Management and Accountability Act 1997

1  FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC)

Schedule 1 of this Act is amended in accordance with subsection 32(2) of the Financial Management and Accountability Act 1997 (FMA Act). Amendments to appropriations are as specified in the following table. The appropriation item (listed in Column 1) for the Agency (listed in Column 2) is amended by the relevant amount (listed in Column 3). A positive amount in Column 3 is an increase in the appropriation and a negative amount is a decrease in the appropriation.

Table 1

Amendment of appropriations
Column 1	Column 2	Column 3
Item	Appropriation item	Agency	Amount $’000
1	Departmental item	Office of Parliamentary Counsel	+7,311
2	Departmental item	Attorney-General’s Department	-3,466
3	Outcome 1, Administered item	Attorney-General’s Department	-1,229

Note:          Subsection 32(2) of the FMA Act enables the Finance Minister to determine that Schedules to Appropriation Acts are amended to reflect a transfer of functions between Agencies. A determination under subsection 32(2) of the FMA Act cannot result in a change to the total amount appropriated. FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC) affects this Act, in combination with 3 other Appropriation Acts, in a specified way to result in no change to the total amount appropriated.

2  Schedule 1, Attorney-General’s portfolio, after the Attorney-General’s Department table

Insert:

Note 1:       FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC) reduced the departmental item and the Outcome 1 administered item for the Attorney-General’s Department (AGD) in accordance with Table 1 at the end of Schedule 1 to this Act. This change was made to implement the transfer of functions (relating to the former Office of Legislative Drafting and Publishing) from AGD to the Office of Parliamentary Counsel (OPC), as implemented through a change made to the Parliamentary Counsel Act 1970 on 1 October 2012. The amounts transferred from the departmental item and the Outcome 1 administered item for AGD were a component of an increase to the departmental item for OPC in this Act.

3  Schedule 1, Attorney-General’s portfolio, after the Office of Parliamentary Counsel table

Insert:

Note 1:       FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC) increased the departmental item for the Office of Parliamentary Counsel (OPC) in accordance with Table 1 at the end of Schedule 1 to this Act. These changes were made to implement a transfer of functions (relating to the former Office of Legislative Drafting and Publishing) from the Attorney-General’s Department (AGD) to OPC, as implemented through a change made to the Parliamentary Counsel Act 1970 on 1 October 2012.

Schedule 2—Amendment of Appropriation Act (No. 1) 2008‑2009

1  At the end of Schedule 1, on a new page

Insert:

Amendment of Schedule 1 arising from Determination(s) under section 32 of the Financial Management and Accountability Act 1997

1  FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC)

Schedule 1 of this Act is amended in accordance with subsection 32(2) of the Financial Management and Accountability Act 1997 (FMA Act). Amendments to appropriations are as specified in the following table. The appropriation item (listed in Column 1) for the Agency (listed in Column 2) is amended by the relevant amount (listed in Column 3). A positive amount in Column 3 is an increase in the appropriation and a negative amount is a decrease in the appropriation.

Table 1

Amendment of appropriations
Column 1	Column 2	Column 3
Item	Appropriation item	Agency	Amount $’000
1	Departmental item	Attorney-General’s Department	-578

Note:          Subsection 32(2) of the FMA Act enables the Finance Minister to determine that Schedules to Appropriation Acts are amended to reflect a transfer of functions between Agencies. A determination under subsection 32(2) of the FMA Act cannot result in a change to the total amount appropriated. FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC) affects this Act, in combination with 3 other Appropriation Acts, in a specified way to result in no change to the total amount appropriated.

2  Schedule 1, Attorney-General’s portfolio, after the Attorney-General’s Department table, after Note 2

Insert:

Note 3:       FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC) reduced the departmental item for the Attorney-General’s Department (AGD) in accordance with Table 1 at the end of Schedule 1 to this Act. This change was made to implement the transfer of functions (relating to the former Office of Legislative Drafting and Publishing) from AGD to the Office of Parliamentary Counsel (OPC), as implemented through a change made to the Parliamentary Counsel Act 1970 on 1 October 2012. The amount transferred from the departmental item for AGD was a component of an increase to the departmental item for OPC in Appropriation Act (No. 1) 2012-2013.

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

1  At the end of Schedule 1, on a new page

Insert:

Amendment of Schedule 1 arising from Determination(s) under section 32 of the Financial Management and Accountability Act 1997

1  FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC)

Schedule 1 of this Act is amended in accordance with subsection 32(2) of the Financial Management and Accountability Act 1997 (FMA Act). Amendments to appropriations are as specified in the following table. The appropriation item (listed in Column 1) for the Agency (listed in Column 2) is amended by the relevant amount (listed in Column 3). A positive amount in Column 3 is an increase in the appropriation and a negative amount is a decrease in the appropriation.

Table 1

Amendment of appropriations
Column 1	Column 2	Column 3
Item	Appropriation item	Agency	Amount $’000
1	Departmental item	Attorney-General’s Department	-498

Note:          Subsection 32(2) of the FMA Act enables the Finance Minister to determine that Schedules to Appropriation Acts are amended to reflect a transfer of functions between Agencies. A determination under subsection 32(2) of the FMA Act cannot result in a change to the total amount appropriated. FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC) affects this Act, in combination with 3 other Appropriation Acts, in a specified way to result in no change to the total amount appropriated.

2  Schedule 1, Attorney-General’s portfolio, after the Attorney-General’s Department table, after Note 2

Insert:

Note 3:       FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC) reduced the departmental item for the Attorney-General’s Department (AGD) in accordance with Table 1 at the end of Schedule 1 to this Act. This change was made to implement the transfer of functions (relating to the former Office of Legislative Drafting and Publishing) from AGD to the Office of Parliamentary Counsel (OPC), as implemented through a change made to the Parliamentary Counsel Act 1970 on 1 October 2012. The amount transferred from the departmental item for AGD was a component of an increase to the departmental item for OPC in Appropriation Act (No. 1) 2012-2013.

Schedule 4—Amendment of Appropriation Act (No. 3) 2006‑2007

1  At the end of Schedule 1, on a new page

Insert:

Amendment of Schedule 1 arising from Determination(s) under section 32 of the Financial Management and Accountability Act 1997

1  FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC)

Schedule 1 of this Act is amended in accordance with subsection 32(2) of the Financial Management and Accountability Act 1997 (FMA Act). Amendments to appropriations are as specified in the following table. The appropriation item (listed in Column 1) for the Agency (listed in Column 2) is amended by the relevant amount (listed in Column 3). A positive amount in Column 3 is an increase in the appropriation and a negative amount is a decrease in the appropriation.

Table 1

Amendment of appropriations
Column 1	Column 2	Column 3
Item	Appropriation item	Agency	Amount $’000
1	Departmental item	Attorney-General’s Department	-1,540

Note:          Subsection 32(2) of the FMA Act enables the Finance Minister to determine that Schedules to Appropriation Acts are amended to reflect a transfer of functions between Agencies. A determination under subsection 32(2) of the FMA Act cannot result in a change to the total amount appropriated. FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC) affects this Act, in combination with 3 other Appropriation Acts, in a specified way to result in no change to the total amount appropriated.

2  Schedule 1, Attorney-General’s portfolio, after the Attorney-General’s Department table, after Note 3

Insert:

Note 4:       FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC) reduced the departmental item for the Attorney-General’s Department (AGD) in accordance with Table 1 at the end of Schedule 1 to this Act. This change was made to implement the transfer of functions (relating to the former Office of Legislative Drafting and Publishing) from AGD to the Office of Parliamentary Counsel (OPC), as implemented through a change made to the Parliamentary Counsel Act 1970 on 1 October 2012. The amount transferred from the departmental item for AGD was a component of an increase to the departmental item for OPC in Appropriation Act (No. 1) 2012-2013.