EXPLANATORY STATEMENT
Financial Management and Accountability Act 1997
FMA Act Determination 2013/03 – Section 32 (Transfer of Functions from DIAC to MRT-RRT)
Purpose of this Determination
This Determination is made under section 32 of the Financial Management and Accountability Act 1997 (FMA Act), due to the transfer of functions for the operation of the Independent Protection Assessment Office (IPAO) from the Department of Immigration and Citizenship (DIAC) to the Migration Review Tribunal and Refugee Review Tribunal (MRT-RRT).
An initial transfer of appropriations occurred under Financial Management and Accountability Act 1997 Determination 2012/27 – Section 32 (Transfer of Functions from DIAC to MRT-RRT). This Determination transfers further appropriations related to the transfer of the functions of the IPAO from DIAC to MRT-RRT.
Transfer of Functions generally
Section 32 of the FMA Act enables the Finance Minister to determine that one or more Schedules to one or more Appropriation Acts under section 32 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 in section 32 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 section 32 of the FMA Act is exempt from disallowance under subsection 32(7) of the FMA Act.
Consultation and Impact
Consistent with Part 3 of the Legislative Instruments Act 2003, DIAC and MRT-RRT 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 |
Migration Review Tribunal and Refugee Review Tribunal | Departmental item | Appropriation Act (No. 1) 2012-2013 | +13,849 |
|
Department of Immigration and Citizenship | Departmental item | Appropriation Act (No. 1) 2012-2013 |
| -2,546 |
Department of Immigration and Citizenship | Outcome 4, Administered item | Appropriation Act (No. 1) 2012-2013 |
| -11,303 |
|
| Total | +13,849 | -13,849 |