The instrument to which this explanatory statement relates | Financial Management and Accountability Act 1997 Determination 2012/08 – Section 32 (Transfer of Functions from DPMC and HEALTH to NMHC) |
Date instrument was made | 17 April 2012 |
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) 2011-2012 to: - transfer an amount of $787,559.00 of the departmental item for the Department of the Prime Minister and Cabinet (DPMC) to the departmental item for the National Mental Health Commission (NMHC); - transfer an amount of $1,531,000.00 of the administered item alongside Outcome 1 for DPMC to the administered item alongside Outcome 1 for NMHC; and - transfer an amount of $450,000.00 of the administered item alongside Outcome 11 for the Department of Health and Ageing (HEALTH) to the administered item alongside Outcome 1 for NMHC. Schedule 2 of this Instrument amends Appropriation Act (No. 2) 2011-2012 to: - transfer an amount of $171,722.00 of the departmental non-operating item for DPMC to the departmental item for NMHC. The effect of these schedules is to transfer appropriations relating to the National Mental Health function from DPMC to NMHC and appropriations relating to the National Report Card from HEALTH to NMHC. |
Background | NMHC was established as an Executive Agency on 1 January 2012. Responsibility for the National Mental Health function was then transferred to NMHC from DPMC. In addition, responsibility for development of the National Report Card has been transferred from HEALTH to NMHC. |
Notes on the Instrument | In accordance with Part 3 of the Legislative Instruments Act 2003, DPMC, HEALTH and NMHC 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. |
Human Rights Impact Statement | This Instrument is exempt from disallowance under subsection 32(7) of the Financial Management and Accountability Act 1997. As such, a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 is not required in this Explanatory Statement. |