Financial Management and Accountability Act 1997 Determination 2010/27 – Section 32 (Transfer of Functions from Health to DPMC)

Administered by Department of Finance

Legislation au F2010L02941 Not in force Legislative Instrument

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The instrument to which this explanatory statement relates

Financial Management and Accountability Act 1997 Determination 2010/27 – Section 32 (Transfer of Functions from Health to DPMC)

Date instrument was made

3 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) 2010-2011 to transfer the amounts of:

(a)   $3,833,000 of the departmental item for the Department of Health and Ageing (Health) to the departmental item for the Department of the Prime Minister and Cabinet (DDPMC);

(b)   $38,046,160.13 of the Administered item for Health alongside Outcome 15 to the Administered item for DPMC alongside Outcome 3; and

(c)   $132,032,000 of the CAC Act body payment  item for the Australian Sports Commission from Health to DDPMC.

The effect of this schedule is to:

(a)   Reduce the departmental item for Health in Appropriation Act (No. 1) 2010-2011 and increase the departmental item for DDPMC within the same Act;

(b)   Reduce the administered item for Health for Outcome 15 in Appropriation Act (No. 1) 2010-2011 and increase the administered item for DDPMC for Outcome 3 within the same Act; and

(c)   Transfer responsibility for making CAC Act body payments in respect of the Australian Sports Commission in Appropriation Act(No. 1) 2010-2011 from Health to DDPMC within the same Act.

Purpose and effect of the instrument (continued)

Schedule 2 of this Instrument amends the Appropriation Act (No. 2) 2010-2011 to transfer an amount of $249,224.03 of the State, ACT, NT and local government item from Health alongside Outcome 15 to the State, ACT, NT, and local government item of DPMC alongside Outcome 3.

The effect of this schedule is to reduce the State, ACT, NT and local government item for Health for Outcome 15 in Appropriation Act (No. 1) 2010-2011 and increase the State, ACT, NT and local government item for DPMC for Outcome 3 within the same Act.

Background

On 14 September 2010, ministerial portfolios were restructured and departments were renamed in accordance with the Administrative Arrangements Order made on that date.

Functions relating to sport and recreation were transferred from the Department of Health and Ageing to the Department of Prime Minister and Cabinet.

Notes on the Instrument

In accordance with Part 3 of the Legislative Instruments Act 2003, the Department of Health and Ageing and the Department of the Prime Minister and Cabinet 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.

 

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