Financial Management and Accountability Act 1997 Determination 2010/41 – Section 32 (Transfer of Functions from Health to ANPHA)

Administered by Department of Finance

Legislation au F2011L00091 Not in force Legislative Instrument

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The instrument to which this explanatory statement relates

Financial Management and Accountability Act 1997 Determination 2010/41 – Section 32 (Transfer of Functions from Health to ANPHA)

Date instrument was made

24 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 the Appropriation Act (No. 1) 2010-2011 to transfer the $35,629,000.00 from the administered item for Outcome 1 for the Department of Health and Ageing (Health) to the Australian National Preventive Health Agency (ANPHA) as follows:

(a)   $33,803,000 to the administered item for Outcome 1; and

(b)   $1,826,000 to the departmental item.

The effect of this schedule is to transfer appropriations relating to the functions of ANPHA from Health to ANPHA within the same Act.

Background

ANPHA was established by the Australian National Preventive Health Agency Act 2010 with effect from 1 January 2011.  Funding held by Health on behalf of ANPHA will be transferred on this date.

Notes on the Instrument

In accordance with Part 3 of the Legislative Instruments Act 2003, Health and ANPHA were consulted in the preparation of this instrument.  It has been drafted in accordance with the application form which was signed by the respective Chief Finance Officers. 

This Determination is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003.

 

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