The instrument to which this explanatory statement relates | Financial Management and Accountability Act 1997 Determination 2011/12 – Section 32 (Transfer of Functions from DEWHA to DPMC) | |
Date instrument was made | 15 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) 2009-2010 to transfer $40,855.11 of the CAC Act body payment to the National Library of Australia for the former Department of the Environment, Water, Heritage and the Arts (DEWHA) to the CAC Act body payment to the National Library of Australia for the Department of the Prime Minister and Cabinet (DPMC). Schedule 2 of this Instrument amends Appropriation Act (No. 1) 2010-2011 to transfer $40,855.00 of the CAC Act body payment to the National Library of Australia for the former Department of the Environment, Water, Heritage and the Arts (DEWHA) to the CAC Act body payment to the National Library of Australia for the Department of the Prime Minister and Cabinet (DPMC). The effect of these schedules is to transfer appropriations relating to the arts and culture functions from the former DEWHA to DPMC within the same Acts with a commencement date of 3 June 2011. | |
Background | On 14 September 2010 ministerial portfolios were restructured and departments were renamed in accordance with changes to the Administrative Arrangements Order. The Department of the Environment, Water, Heritage and the Arts was renamed the Department of Sustainability, Environment, Water, Population and Communities. The arts and culture functions were transferred from the former DEWHA to DPMC. | |
Notes on the Instrument | In accordance with Part 3 of the Legislative Instruments Act 2003, the former DEWHA 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. | |