The instrument to which this explanatory statement relates
| FMA Act Determination 2010/12 – Section 32 (Transfer of Functions from AIR to FWA) | ||
Date instrument was made
| 9 July 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. 4) 2005-2006 to transfer an amount of $2,125,000 of “Equity Injections” (an other departmental item defined in section 3 of that Act) from the Australian Industrial Registry (AIR) to the Equity Injections for Fair Work Australia (FWA). The effect of this schedule is to:
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| Schedule 2 of this Instrument amends the Appropriation Act (No. 4) 2006-2007 to transfer an amount of $6,677,000 of “Equity Injections” (an other departmental item defined in section 3 of that Act) from AIR to the Equity Injections for FWA. The effect of this schedule is to:
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| Schedule 3 of this Instrument amends the Appropriation Act (No. 1) 2008-2009 to transfer an amount of $34,337,278.46 of the departmental item from AIR to the departmental for FWA. The effect of this schedule is to:
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| Schedule 4 of this Instrument amends the Appropriation Act (No. 1) 2009-2010 to transfer an amount of $1,478,822.20 of the departmental item from AIR to the departmental for FWA. The effect of this schedule is to:
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Background | The Determination transfers appropriation items to FWA, which were previously appropriated to the Australian Industrial Registry; a prescribed Agency abolished on 1 January 2010. FWA is a prescribed Agency comprising a merger of AIR, the Australian Industrial Relations Commission and the Workplace Authority. Although commencing operations on 1 July 2009, FWA assumed the functions of the merged agencies in a staged approach, in accordance with Schedule 18 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. |
Notes on the Instrument | In accordance with the Legislative Instruments Act 2003, AIR and FWA were consulted in the preparation of this instrument. This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003. |