EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Finance and Deregulation
FMA Act Determination 2008/57— Section 32 (Transfer of Functions from Environment to OPH)
Subsection 32(2) of the Financial Management and Accountability Act 1997 (FMA Act) provides that the Minister for Finance and Deregulation (Finance Minister) may, by determination, amend Schedules to annual Appropriation Acts to transfer appropriations in connection with the transfer of a function between agencies under the FMA Act. The determination has the effect of amending the Schedules concerned in accordance with the determination.
This power has been delegated from the Finance Minister to the Secretary of the Department of Finance and Deregulation under section 62 of the FMA Act.
Old Parliament House (OPH) was prescribed as an Agency under the FMA Act by Financial Management and Accountability Amendment Regulations 2008 (No. 2). OPH was established as an Executive Agency under section 65 of the Public Service Act 1999, published in the Commonwealth Gazette (Gazette GN S 95, published 1 May 2008). OPH became a prescribed Agency under the FMA Act from 1 July 2008.
The purpose of this Determination is to allow a transfer of appropriations for the funding of functions related to OPH, from the Department of the Environment, Water, Heritage and the Arts (Environment) to OPH. The appropriation amount transferred is as follows:
- From annual Appropriation Act (No. 1) 2008-2009 an amount of $9,500,000.00 of the departmental item for Environment to the departmental item for OPH.
In accordance with the Legislative Instruments Act 2003, Environment and OPH were consulted in the preparation of this instrument.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.