The instrument to which this explanatory statement relates | Financial Management and Accountability Act 1997 Determination 2010/35 – Section 32 (Transfer of Functions from DPMC to Finance) | |
Date instrument was made | 25 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: (a) $69,807.69 of the departmental item for the Department of the Prime Minister and Cabinet (DPMC); and (b) $213,745.46 of the administered item for Outcome 1 for DPMC: to the Departmental item for Finance. The effect of this schedule is to transfer appropriations relating to the Prime Minister’s Official Residences function from PMC to Finance within the same Act. | |
Background | On 14 September 2010, ministerial portfolios were restructured and departments were renamed in accordance with changes to the Administrative Arrangements Order. From 14 September 2010, portfolio responsibility for the Prime Minister's Official Residences was transferred from DPMC to Finance. | |
Notes on the Instrument | In accordance with Part 3 of the Legislative Instruments Act 2003, the Department of the Prime Minister and Cabinet and the Department of Finance and Deregulation 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. | |