EXPLANATORY STATEMENT
Issued by the authority of the Minister for Finance and Deregulation
Financial Management and Accountability Act 1997
FMA Act Determination 2013/02 – Section 32 (Transfer of Functions from AGD to OPC)
(this Determination)
Purpose of this Determination
This Determination is made under section 32 of the Financial Management and Accountability Act 1997 (FMA Act), due to a change made to the Parliamentary Counsel Act 1970 on 1 October 2012 to transfer the functions relating to the former Office of Legislative Drafting and Publishing (OLDP) from the Attorney-General’s Department (AGD) to the Office of Parliamentary Counsel (OPC).
This Determination transfers appropriations related to the OLDP function from AGD to OPC.
Transfer of Functions generally
Subsection 32(2) of the FMA Act enables the Finance Minister to determine that one or more Schedules to one or more Appropriation Acts under subsection 32(2) 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 the 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 Senior Executive Service officials within Finance.
This Determination is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is not required for this Determination. Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires a Statement of Compatibility with Human Rights for all legislative instruments subject to disallowance under section 42 of the Legislative Instruments Act 2003. A Determination under subsection 32(2) of the FMA Act is exempt from disallowance under subsection 32(7) of the FMA Act. As such, a Statement of Compatibility with Human Rights is not required.
Consultation and Impact
Consistent with Part 3 of the Legislative Instruments Act 2003, AGD and OPC were consulted in the preparation of this Determination.
Summary of Changes
This Determination affects Appropriation Acts in the following way, which results in no change to the total amount appropriated by Parliament:
Agency affected | Item affected | Appropriation Act | Transfer to $’000 | Transfer from: $’000 |
Office of Parliamentary Counsel | Departmental item | Appropriation Act (No. 1) 2012-2013 | +7,311 |
|
Attorney-General’s Department | Departmental item | Appropriation Act (No. 1) 2012-2013 |
| -3,466 |
Attorney-General’s Department | Outcome 1, Administered item | Appropriation Act (No. 1) 2012-2013 |
| -1,229 |
Attorney-General’s Department | Departmental item | Appropriation Act (No. 1) 2008-2009 |
| -578 |
Attorney-General’s Department | Departmental item | Appropriation Act (No. 3) 2008-2009 |
| -498 |
Attorney-General’s Department | Departmental item | Appropriation Act (No. 3) 2006-2007 |
| -1,540 |
|
| Total | +7,311 | -7,311 |