Financial Management and Accountability Act 1997 Determination 2010/19 – Section 32 (Transfer of Functions from DCCEE to DRET)

The instrument to which this explanatory statement relates

Financial Management and Accountability Act 1997 Determination 2010/19 – Section 32 (Transfer of Functions from DCCEE to DRET)

Date instrument was made

14 October 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 certain officials within Finance.

Purpose and effect of the instrument

Schedule 1 of this Instrument amends the Appropriation Act (No. 1) 2008-2009 to transfer an amount of $192,040 of the departmental item from the Department of Climate Change and Energy Efficiency (DCCEE) to the Department of Resources, Energy and Tourism (DRET).  The effect of this schedule is to reduce the departmental item in Appropriation Act (No. 1) 2008-2009 for DCCEE and increase the departmental item in Appropriation Act (No. 1) 2008‑2009 for DRET.

Schedule 2 of this Instrument amends the Appropriation Act (No. 1) 2010-2011 to transfer:

• an amount of $56,459,000 of the administered item for Outcome 1 from the Department of Climate Change and Energy Efficiency (DCCEE) to the administered item for Outcome 1 for the Department of Resources, Energy and Tourism; and
• an amount of $819,226 of the departmental item from the Department of Climate Change and Energy Efficiency (DCCEE) to the Department of Resources, Energy and Tourism (DRET).

Purpose and effect of the instrument (continued)

The effect of Schedule 2 is to:

• reduce the administered item for Outcome 1 in Appropriation Act (No. 1) 2010‑2011 for DCCEE and increase the administered item for Outcome 1 in Appropriation Act (No. 1) 2010‑2011 for DRET; and
• reduce the departmental item in Appropriation Act (No. 1) 2010-2011 for DCCEE and increase the departmental item in Appropriation Act (No. 1) 2010‑2011 for DRET.

Background

The appropriation amount transferred relates to the transfer of the Smart Grid, Smart Cities Program (National Energy Efficiency Initiative) from DCCEE to DRET arising from changes to the Administrative Arrangements Order on 14 September 2010.  

Notes on the Instrument

In accordance with Part 3 of the Legislative Instruments Act 2003, DCCEE and DRET were consulted in the preparation of this instrument.  This Determination is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003.