The instrument to which this explanatory statement relates | Financial Management and Accountability Act 1997 Determination 2012/27– Section 32 (Transfer of Functions from DIAC to MRTRRT) |
Date instrument was made | 18 September 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) 2012-2013 to transfer an amount of $14,455,446.00 of the departmental item for the Department of Immigration and Citizenship (DIAC) to the departmental item for the Migration Review Tribunal and Refugee Review Tribunal (MRTRRT). The effect of this Schedule is to transfer appropriation for funding the operations of the Independent Protection Assessment Office (IPAO) from DIAC to MRTRRT. |
Background | Effective from 1 July 2012, due to a Government decision, the operations of IPAO amalgamated with MRTRRT. |
Notes on the Instrument | In accordance with Part 3 of the Legislative Instruments Act 2003, DIAC and MRTRRT 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. |