Financial Management and Accountability Act 1997 Determination 2010/26 – Section 32 (Transfer of Functions from DEEWR to APSC)

The instrument to which this explanatory statement relates

Financial Management and Accountability Act 1997 Determination 2010/26 – Section 32 (Transfer of Functions from DEEWR to APSC)

Date instrument was made

     8 November 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 Appropriation Act (No. 1) 2009-2010 to transfer $513,306.29 from the departmental outputs item of the Department of Education, Employment and Workplace Relations (DEEWR) to the departmental outputs item of the Australian Public Service Commission (APSC) within the same Act.

Schedule 2 of this Instrument amends Appropriation Act
(No. 1) 2010-2011 to transfer $1,267,566.00 from the departmental item of DEEWR to the departmental item of the APSC within the same Act.

The effect of both schedules is to transfer appropriations relating to portfolio responsibility for the Remuneration Tribunal, which has been transferred from DEEWR to the APSC.

Background

Functions relating to the Remuneration Tribunal were transferred from DEEWR to the APSC on 14 September 2010 due to a revised Administrative Arrangements Order issued on that date.

Financial Management and Accountability Act 1997 Determination 2010/24 – Section 32 Transfer of Functions from DEEWR to APSC relates to a separate government decision and transfers appropriations in addition to this determination.

Notes on the Instrument

In accordance with Part 3 of the Legislative Instruments Act 2003, DEEWR and the APSC 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.