The instrument to which this explanatory statement relates | Amendment No. 1 to Financial Management and Accountability Act 1997 Determination 2010/34 – Section 32 (Transfer of functions from FaHCSIA to DSEWPC) |
Date instrument was made | 31 January 2011 |
The legislative authority under which the instrument is made | Subsection 32(2) of the Financial Management and Accountability Act 1997 (FMA Act) enables the Minister for Finance and Deregulation (Finance Minister) to determine that one or more Schedules to one or more Appropriation Acts are amended in relation to the transfer of a function from one agency to another. Under section 62 of the FMA Act the Finance Minister has delegated this power to the Secretary of the Department of Finance and Deregulation (Finance). Under section 53 of the FMA Act, the Secretary of Finance has delegated this power to certain officials within Finance. |
Purpose and effect of the instrument | Item 1 of this Instrument amends schedule 2, item 4 of Financial Management and Accountability Act 1997 Determination 2010/34 – Section 32 (Transfer of functions from FaHCSIA to DSEWPC) to correct the amounts amending the Departmental item for the Department of the Environment, Water, Heritage and the Arts (DEWHA) in Appropriation Act (No. 1) 2010-2011. Under this Determination the amount to omit under schedule 1, item 4 is changed from 448,357 to 449,295 and the amount to insert under the same item is changed from 453,341.87788 to 454,279.87788. Schedule 2, item 4 of Financial Management and Accountability Act 1997 Determination 2010/34 – Section 32 (Transfer of functions from FaHCSIA to DSEWPC) incorrectly failed to take account of amendments to the Departmental item for DEWHA in Appropriation Act (No. 1) 2010-2011 made in Financial Management and Accountability Act 1997 Determination 2010/21 — Section 32 (Transfer of Function from TREASURY to DSEWPaC). |
Background | On 14 September, ministerial portfolios were restructured and departments were renamed in accordance with changes to the Administrative Arrangements Order. On 22 November 2010 Financial Management and Accountability Act 1997 Determination 2010/34 – Section 32 (Transfer of functions from FaHCSIA to DSEWPC) was made by a delegate of the Secretary of the Department of Finance and Deregulation. This Determination contained incorrect amounts to amend Appropriation Act (No. 1) 2010-2011. |
Notes on the Instrument | In accordance with Part 3 of the Legislative Instruments Act 2003, FaHCSIA and the DSEWPC were consulted in the preparation of this instrument. This Determination is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003. |