The instrument to which this explanatory statement relates | Financial Management and Accountability Act 1997 Determination 2010/39 – Section 32 (Transfer of Functions from DORA to the former DITRDLG) | ||
Date instrument was made | 13 December 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 amends Appropriation Act (No. 1) 2010-2011 to: (a) transfer an amount of $11,325,000.00 of Outcome 1 under “Administered” for DORA to Outcome 3 under “Administered” for the former DITRDLG; (b) reduce an amount of $454,437.65 of the total of the Departmental item for DORA; (c) increase an amount of $347,510 of the total of the Departmental item for the former DITRDLG. Schedule 2 amends Appropriation Act (No. 1) 2009-2010 to increase an amount of $106,927.65 of the Departmental item for the former DITRDLG. Schedule 3 amends Appropriation Act (No. 2) 2010-2011 to transfer an amount of $54,376,928.00 from Outcome 1 under the heading “Payments to States, ACT, NT and local government” for DORA to Outcome 3 under the heading of “Payments to States, ACT, NT and local government” of the former DITRDLG.
| ||
Background | Functions relating to the Jobs Fund - Infrastructure Employment Projects Program were transferred from the former DITRDLG to DORA as part of Financial Management and Accountability Act 1997 Determination 2010/17 – Section 32 (Transfer of Functions from the former DITRDLG to DORA). This determination implements a government decision to return the function to the former DITRDLG. | ||
Notes on the Instrument | In accordance with Part 3 of the Legislative Instruments Act 2003, the Department of Infrastructure and Transport and the Department of Regional Australia, Regional Development and Local Government 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. | ||