The instrument to which this explanatory statement relates | Financial Management and Accountability Act 1997 Determination 2010/34 – Section 32 (Transfer of functions from FaHCSIA to DSEWPC) | |
Date instrument was made | 22 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 the amount of $1,459,999.97 of the administered item alongside Outcome 2 from FaHCSIA, to the administered item alongside Outcome 6 for DSEWPC. Schedule 2 of this Instrument amends Appropriation Act (No. 1) 2010-2011 to transfer the amounts of: (a) $4,984,877.88 of the departmental item for the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to the departmental item of the Department of Sustainability, Environment, Water, Population and Communities (DSEWPC); and (b) $95,694,105.95 of the administered item alongside Outcome 2 from FaHCSIA, to the administered item alongside Outcome 6 for DSEWPC. The effect of this schedule is to transfer appropriations relating to Affordable Housing; Housing Assistance and Homelessness Prevention – Housing Affordability Fund; and the Housing Assistance and Affordable Housing – National Rental Affordability Scheme, which were transferred from the Department of Families, Housing, Community Services and Indigenous Affairs to the Department of Sustainability, Environment, Water, Population and Communities due to a Government decision with effect from 14 September 2010. | |
Background | On 14 September, ministerial portfolios were restructured and departments were renamed in accordance with changes to the Administrative Arrangements Order. | |
Notes on the Instrument | In accordance with Part 3 of the Legislative Instruments Act 2003, FaHCSIA and the DSEWPC 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. | |