Financial Management and Accountability Act 1997 Determination 2011/11 – Section 32 (Transfer of Functions from Health to DPMC)

 The instrument to which this explanatory statement relates

Financial Management and Accountability Act 1997 Determination 2011/11 – Section 32 (Transfer of Functions from Health to DPMC)

Date instrument was made

7 July 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) 2008-2009 to transfer $945,027.49 of the departmental item for the Department of Health and Ageing (Health) to the departmental item for the Department of the Prime Minister and Cabinet (DPMC).

Schedule 2 of this Instrument amends Appropriation Act (No. 1) 2010-2011 to transfer $5,158,598.02 of the administered item for Outcome 15 for Health to the administered item for Outcome 3 for DPMC.

Schedule 3 of this Instrument amends Appropriation Act (No. 2) 2010-2011 to transfer $775.97 of the State, ACT, NT and local government item for Outcome 15 for Health to the State, ACT, NT and local government item for Outcome 3 for DPMC.

The effect of these schedules is to transfer appropriations relating to the sports functions from Health to DPMC within the same Acts with a commencement date of
30 June 2011.

Background

On 14 September 2010 ministerial portfolios were restructured and departments were renamed in accordance with changes to the Administrative Arrangements Order.

Functions relating to sports were transferred from Health to DPMC.

Notes on the Instrument

In accordance with Part 3 of the Legislative Instruments Act 2003, Health and 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.