Financial Management and Accountability Act 1997 Determination 2011/05 – Section 32 (Transfer of Functions from FaHCSIA to AGD)

Administered by Department of Finance

Legislation au F2011L00929 Not in force Legislative Instrument

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The instrument to which this explanatory statement relates

Financial Management and Accountability Act 1997 Determination 2011/05 – Section 32 (Transfer of Functions from FaHCSIA to AGD)

Date instrument was made

20 May 2011

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 reduce the departmental item for the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) by $56,429.69.

Schedule 2 of this Instrument amends Appropriation Act (No. 1) 2010-2011 to reduce the departmental item for FaHCSIA by $38,344.23 and to increase the departmental item for the Attorney-General’s Department (AGD) by $94,773.92.

The effect of these schedules is to transfer appropriations relating to Australian Government Disaster Recovery Payments from FaHCSIA to AGD.

Background

On 14 October 2010 a change in the Administrative Arrangements Order transferred responsibility for Australian Government Disaster Recovery Payments from FaHCSIA to AGD.

Notes on the Instrument

In accordance with Part 3 of the Legislative Instruments Act 2003, FaHCSIA and AGD 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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