The instrument to which this explanatory statement relates | Financial Management and Accountability Act 1997 Determination 2012/12– Section 32 (Transfer of functions from ORER to CER) | |
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 2012/12 amends Appropriation Act (No. 1) 2010-2011 to reduce $5,000,000.00 of the departmental item for the Office of the Renewable Energy Regulator (ORER). Schedule 2 amends Appropriation Act (No. 1) 2011-2012 to: (a) Reduce the departmental item for ORER by $4,000,000.00;
(b) Increase the departmental item for CER by $9,000,000.00; and
(c) Transfer an amount of $2,000,000.00 of the administered item Outcome 1 for ORER to the administered item Outcome 1 for CER.
Schedule 3 amends Appropriation Act (No. 2) 2011-2012 to transfer an amount of $3,000,000.00 of “Equity Injections” from ORER to “Equity Injections” for CER. | |
Background | The transfer of appropriations is made due to a Government decision to establish the Clean Energy Regulator and to transfer the functions that administer and regulate the national renewable energy target scheme to encourage increased renewable electricity generation from the Office of the Renewable Energy Regulator to the Clean Energy Regulator. | |
Notes on the Instrument | In accordance with Part 3 of the Legislative Instruments Act 2003, ORER and CER 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. | |