Financial Management and Accountability Act 1997 Determination 2010/40 – Section 32 (Transfer of Functions from FaHCSIA to DPMC)

Administered by Department of Finance

Legislation au F2011L00063 Not in force Legislative Instrument

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The instrument to which this explanatory statement relates

Financial Management and Accountability Act 1997 Determination 2010/40 – Section 32 (Transfer of functions from FaHCSIA to DPMC)

Date instrument was made

22 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 of this Instrument amends Appropriation Act (No. 1) 2010-2011 to transfer the amounts of:

(a)   $1,022,567.34 of the departmental item for the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to the departmental item of the Department of the Prime Minister and Cabinet (DPMC); and

(b)   $75,000.00 of the administered item for Outcome 3 for FaHCSIA to the administered item for Outcome 1 for DPMC; and

(c)   $439,991.33 of the administered item for Outcome 7 for FaHCSIA to the administered item for Outcome 2 for DPMC.

The effect of this schedule is to transfer appropriations relating to the National Compact, Volunteering and Philanthropy; Repatriation of Indigenous Remains; and the Volunteer Management Program & Indigenous Repatriation functions from FaHCSIA to DPMC within the same Act.

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 DPMC 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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