The instrument to which this explanatory statement relates | Financial Management and Accountability Act 1997 Determination 2012/20 – Section 32 (Transfer of Functions from HEALTH to IHPA) |
Date instrument was made | 21 June 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: - reduce an amount of $333,134.22 of the departmental item for the Department of Health and Ageing (HEALTH); - reduce an amount of $19,967,430.00 of the administered item alongside Outcome 13 for HEALTH; - transfer an amount of $16,613,134.22 to the departmental item for the Independent Hospital Pricing Authority (IHPA). - transfer an amount of $3,687,430.00 to the administered item alongside Outcome 1 for IHPA. The effect of this schedule is to transfer appropriations relating to the establishment of a new statutory authority, IHPA, for which appropriations are transferred from HEALTH. |
Background | This Determination is made due to a decision of the Australian Government to establish a new statutory authority established by the National Health Reform Amendment (Independent Hospital Pricing Authority) Act 2011. |
Notes on the Instrument | In accordance with Part 3 of the Legislative Instruments Act 2003, HEALTH and IHPA 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. |