Financial Management and Accountability Act 1997 Determination 2011/15 – Section 32 (Transfer of Functions from FHCSIA to SEWPaC)

 The instrument to which this explanatory statement relates

Financial Management and Accountability Act 1997 Determination 2011/15 – Section 32 (Transfer of Functions from FHCSIA to SEWPaC)

Date instrument was made

12 August 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) 2010-2011 to transfer an amount of $952,606.05 of the administered item for the Department of Families, Housing, Community Services and Indigenous Affairs (FHCSIA) alongside Outcome 2 to the administered item for the Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) alongside Outcome 6.

The effect of this schedule is to transfer appropriations relating to Housing Assistance and Homelessness Prevention – Housing Affordability Fund from FHCSIA to SEWPaC with a commencement date of 30 June 2011.

Background

Responsibility for Housing Assistance and Homelessness Prevention – Housing Affordability Fund was transferred from FHCSIA to SEWPaC due to a change in the Administrative Arrangements Order with effect from 14 September 2010.

Notes on the Instrument

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