Financial Management and Accountability Act 1997 Determination 2010/30 – Section 32 (Transfer of Functions from DAFF to DIISR)

Administered by Department of Finance

Legislation au F2010L02995 Not in force Legislative Instrument

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The instrument to which this explanatory statement relates

Financial Management and Accountability Act 1997 Determination 2010/30 – Section 32 (Transfer of functions from DAFF to DIISR)

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 the Appropriation Act (No. 1) 2010-2011 to transfer an amount of:

(a)       $158,356 of the departmental item for DAFF to the departmental item for DIISR; and

(b)      $1,000,000 of administered item for Outcome 1 from DAFF to the administered item for Outcome 1 for DIISR.

The effect of Schedule 1 is to transfer appropriations relating to the food industry policy functions from DAFF to DIISR.

Background

On 14 September 2010, the ministerial portfolios were restructured and departments were renamed. Functions relating to the food industry policy functions were transferred from DAFF to DIISR.

Notes on the Instrument

In accordance with Part 3 of the Legislative Instruments Act 2003, the Department of Agriculture, Fisheries and Forestry and the Department of Innovation, Industry, Science and Research 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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