Issued by the authority of the Minister for Finance and Deregulation
The instrument to which this explanatory statement relates
| FMA Act Determination 2009/02 – Section 32 (Transfer of Functions from Health to AOTDTA) |
Date instrument was made
| 4 February 2009 |
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 officials within Finance. |
Purpose and effect of the instrument
| Schedule 1 of this Instrument amends the Appropriation Act (No. 2) 2004-2005 to transfer an amount of $795,000.00 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) for the Department of Health and Ageing (Health) to the “Equity Injections” for the Australian Organ and Tissue Donation and Transplantation Authority (AOTDTA). The effect of this Instrument is to reduce the “Equity Injections” in Appropriation Act (No. 2) 2004-2005 for Health and insert the “Equity Injections” in Appropriation Act (No. 2) 2004-2005 for AOTDTA. Schedule 2 of this Instrument amends the Appropriation Act (No. 4) 2004–2005 to transfer an amount of $105,000.00 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) for Health to the “Equity Injections” for AOTDTA. The effect of this Instrument is to reduce the “Equity Injections” in Appropriation Act (No. 4) 2004-2005 for Health and insert the “Equity Injections” in Appropriation Act (No. 4) 2004-2005 for AOTDTA Schedule 3 of this Instrument amends the Appropriation Act (No. 1) 2008–2009 to transfer an amount of $1,160,000.00 of the departmental item for Health to the departmental item for AOTDTA. The effect of this Instrument is to reduce the departmental item in Appropriation Act (No.1) 2008-2009 for Health and insert the departmental item in Appropriation Act (No. 1) 2008-2009 for AOTDTA. |
Background | The appropriation amounts transferred relate to the transfer of functions relating to Organ and Tissue Donation matters and associated components from Health to AOTDTA. |
Notes on the Instrument | In accordance with the Legislative Instruments Act 2003, Health and AOTDTA were consulted in the preparation of this instrument. This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003. |