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 1 July 2006 and numbered 3 of 2006-2007.
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 departmental appropriation totalling $19,300,000 provided to the Department of Health and Ageing (DHA) in Appropriation Act (No.1) 2006-2007 be transferred to the National Health and Medical Research Council (NHMRC). The instrument also directs that administered appropriation in Appropriation Act (No.1) 2006-2007 totalling $638,476,000 for the DHA be transferred to the NHMRC.
Background
On 1 July 2006, the National Health and Medical Research Council (NHMRC) was established as a prescribed agency for the purposes of the the FMA Act and the NHMRC functions which were previously functions of the Department of Health and Ageing became functions of the NHMRC. An appropriation adjustment, pursuant to section 32 of the FMA Act, is required to ensure that appropriation provided to DHA for these functions is transferred to NHMRC.
Notes on the instrument
The instrument provides that the amounts set out in column 4 of the table for the appropriation items in column 1 for the DHA be transferred to the NHMRC.