Issued by the authority of the Minister for Finance and Deregulation
The instrument to which this explanatory statement relates
| FMA Act Determination 2009/11 – Section 32 (Transfer of Functions from BA to DAFF) |
Date instrument was made
| 10 September 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. 1) 2004-2005 to transfer an amount of $6,967,455 of the departmental item for the Department of Agriculture, Fisheries and Forestry (DAFF) to the departmental item for Biosecurity Australia (BA). On 11 February 2005 the Department of Agriculture, Fisheries and Forestry transferred by section 32 instrument (FRLI number: F2005L00288) an amount of $6,967,455 from this departmental item to Biosecurity Australia. At the time of the making and registration of that instrument, section 32 transfer amounts were not consolidated into the Schedules of the annual Appropriation Acts. Therefore that transfer amount was not reflected against the Department of Agriculture, Fisheries and Forestry’s or Biosecurity Australia’s Departmental Output; Total, in this Appropriation Act. Since then amendments to section 32 of the FMA Act by the Financial Framework Legislation Amendment Act (No.1) 2007, have seen section 32 transfers consolidated into the Schedules of the annual Appropriation Acts. This instrument reflects amounts transferred by the instrument made and registered on 11 February 2005. The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2004-2005 for DAFF and increase the departmental item in Appropriation Act |
| Schedule 2 of this Instrument amends the Appropriation Act (No. 1) 2004-2005 to transfer an amount of $3,289,248.32 of the departmental item for BA to the departmental item for DAFF. The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2004-2005 for BA and increase the departmental item in Appropriation Act |
| Schedule 3 of this Instrument amends the Appropriation Act (No. 1) 2005-2006 to transfer an amount of $141,882.30 of the departmental item for BA to the departmental item for DAFF. The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2005-2006 for BA and increase the departmental item in Appropriation Act |
| Schedule 4 of this Instrument amends the Appropriation Act (No. 1) 2007-2008 to transfer an amount of $683,099.53 of the departmental item for BA to the departmental item for DAFF. The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2007-2008 for BA and increase the departmental item in Appropriation Act |
| Schedule 5 of this Instrument amends the Appropriation Act (No. 1) 2008-2009 to transfer an amount of $1,040,692.56 of the departmental item for BA to the departmental item for DAFF. The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2008-2009 for BA and increase the departmental item in Appropriation Act |
| Schedule 6 of this Instrument amends the Appropriation Act (No. 1) 2009-2010 to transfer an amount of $21,440,000.00 of the departmental item for BA to the departmental item for DAFF. The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2009-2010 for BA and increase the departmental item in Appropriation Act |
Background | The appropriation amounts transferred relate to the transfer of functions previously performed by BA to DAFF. |
Notes on the Instrument | In accordance with the Legislative Instruments Act 2003, the former BA and DAFF were consulted in the preparation of this instrument. This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003. |