The instrument to which this explanatory statement relates | Financial Management and Accountability Act 1997 Determination 2012/18 – Section 32 (Transfer of Functions from DEEWR to DIISRTE) |
Date instrument was made | 15 May 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 $20,403,000.00 of the departmental item for the Department of Education, Employment and Workplace Relations (DEEWR) to the departmental item for the Department of Industry, Innovation, Science, Research and Tertiary Education (DIISRTE). The effect of this Schedule is to implement the Administrative Arrangements Order of 14 December 2011. |
Background | All functions and program relating to tertiary education, including Higher Education, Vocational Education and International Education transferred from DEEWR to DIISRTE due to a change in the Administrative Arrangements Order with effect from 14 December 2011. |
Notes on the Instrument | In accordance with Part 3 of the Legislative Instruments Act 2003, DEEWR and DIISRTE 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. |