Financial Management and Accountability Act 1997 Determination 2010/04 - Section 32 (Transfer of Functions from ATO to MA)

The instrument to which this explanatory statement relates

FMA Act Determination 2010/04 – Section 32 (Transfer of Functions from ATO to MA)

Date instrument was made

4 February 2010

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) 2009-2010 to transfer an amount of $4,000,000.00 of the departmental item for the Australian Taxation Office (ATO).  Of that $4,000,000.00, $1,530,000.00 is transferred to the departmental item for Medicare Australia (MA). 

The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2009-2010 for ATO and increase the departmental item in Appropriation Act (No. 1) 2009-2010 for MA.

Schedule 2 of this Instrument amends the Appropriation Act (No. 2) 2009-2010 to transfer an amount of $2,470,000.00 to the “Equity Injections” (an other departmental item defined in section 3 of that Act) for MA.  The transferred amount of $2,470,000.00 represents the balance of the transfer of the $4,000,000.00 from the departmental item for the ATO under Appropriation Act (No. 1) 2009–2010 in Schedule 1.

The effect of this instrument is to increase the “Equity Injections” in Appropriation Act (No. 2) 2009-2010 for MA.

Background

The appropriation amount transferred relates to the transfer of the function for the implementation of the Superannuation Clearing House Facility from ATO to MA.

Notes on the Instrument

In accordance with the Legislative Instruments Act 2003, ATO and MA were consulted in the preparation of this instrument.

This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.