Direction under section 32, Financial Management and Accountability Act 1997 – Adjustments of Appropriations on Change of Agency Functions (No. 23 of 2005-2006)

Administered by Department of Finance

Legislation au F2006L02256 Not in force Legislative Instrument

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Explanatory Statement

 

Financial Management and Accountability Act 1997, Section 32 - Adjustments of appropriations on change of Agency functions

 

The instrument to which this explanatory statement relates

This explanatory statement relates to an instrument (the instrument) entitled “Direction under Section 32, Financial Management and Accountability Act 1997”, dated  29 June 2006 and numbered 23 of 2005-2006.

The legislative authority under which the instrument is made

Section 32 of the Financial Management and Accountability Act 1997 (the FMA Act) applies if a function of an Agency (the old Agency) becomes a function of another Agency (the new Agency), either because the old Agency is abolished or for any other reason.

Subsection 32(2)(a) of the FMA Act enables the Finance Minister to, amongst other things, issue one or more directions to transfer from the old Agency to the new Agency some or all of an amount that has been appropriated for the performance of that function by the old Agency.

By way of an instrument dated 19 February 2003 made under s.62 of the FMA Act, the Finance Minister has delegated his power under section 32 to the Chief Executive of the Department of Finance and Administration. By way of an instrument dated 3 April 2006 made under s.53 of the FMA Act, the Chief Executive of the Department of Finance and Administration has, in turn, delegated the power to the General Manager, Financial Management Group, and the Division Manager, Financial Reporting and Cash Management Division.  The direction is issued by the Division Manager, Financial Reporting and Cash Management Division.

Purpose of the instrument

The instrument directs that non-lapsing appropriation from prior years totalling $1,053,000 provided to the Department of Health and Ageing be transferred to non lapsing appropriation from prior years for Medicare Australia.

Background

On 6 October 2005 as per regulations made under the Medicare Australia Act 1973, the aged care payment function previously held by the Department of Health and Ageing was transferred to Medicare Australia.  An appropriation adjustment, pursuant to section 32 of the FMA Act, is required to ensure that appropriation provided to the Department of Health and Ageing is transferred to Medicare Australia.

 

Notes on the instrument

The instrument provides that the amount set out in column 4 of the table in the instrument for non-lapsing appropriation from prior years for the Department of Health and Ageing be transferred to Medicare Australia.  

 

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.