The instrument to which this explanatory statement relates | Financial Management and Accountability Act 1997 Determination 2012/11 – Section 32 (Transfer of functions from AGD to DPMC) | |
Date instrument was made | 13 March 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 2012/11 amends Appropriation Act (No. 3) 2006-2007 to reduce an amount of $26,538.36 from the departmental item for the Attorney-General’s Department (AGD). Schedule 2 of this instrument amends Appropriation Act (No. 1) 2011-2012 to: (a) reduce an amount of $53,031.00 from the departmental item for AGD; and (b) increase the departmental item for the Department of the Prime Minister and Cabinet (DPMC) by $79,569.36.
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Background | The transfer of appropriation arises due to a Government decision to transfer responsibility for the Cyber Security Policy from AGD to DPMC. | |
Notes on the Instrument | In accordance with Part 3 of the Legislative Instruments Act 2003, AGD 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. | |
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. | |