EXPLANATORY STATEMENT
Financial Management and Accountability Act 1997
FMA Act Determination 2013/07 – Section 32 (Transfer of Functions DRALGAS to AGD, Health and DIRD) (the Determination)
Purpose of the Determination
The Determination is made under section 32 of the Financial Management and Accountability Act 1997 (FMA Act), to adjust amounts appropriated to particular agencies in response to the Administrative Arrangements Order made on 18 September 2013.
The Determination adjusts appropriations as an interim measure to support functions from the Department of Regional Australia, Local Government, Arts and Sport (DRALGAS) being transferred to the Attorney-General's Department (AGD), the Department of Health (Health) and the Department of Infrastructure and Regional Development (DIRD). The further transfer of appropriations will occur in due course.
DRALGAS was abolished and its functions were transferred:
• in relation to arts, to the Attorney-General's Department;
• in relation to sports and recreation, to the Department of Health (previously the Department of Health and Ageing); and
• in relation to regional development, to the Department of Infrastructure and Regional Development (previously the Department of Infrastructure and Transport).
Tables 4, 5 and 6 in Schedule 1 of the Determination contain new outcomes for AGD (Table 4), Health (Table 5) and DIRD (Table 6). The text of the new outcomes for DIRD is identical to the text of Outcome 1 and Outcome 2 for the former DRALGAS. The text of Outcome 2 for AGD is identical to the text of Outcome 3 for the former DRALGAS. The text of Outcome 15 for Health is identical to the text of Outcome 4 for the former DRALGAS.
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 are amended in a specified way 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 make determinations under section 32 to certain Senior Executive officials within the Department of Finance (Finance), including the official who made the Determination.
The 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 the 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. 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, Health and DIRD were consulted in the preparation of the Determination.
Summary of Changes
The Determination affects Schedule 1 to the Appropriation Act (No. 1) 2013-2014 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 | |||
Department of Infrastructure and Regional Development | Administered item, Outcome 3 | Appropriation Act (No. 1) 2013-2014 | +68,000 |
|
Department of Regional Australia, Local Government, Arts and Sport | Administered item, Outcome 1 | Appropriation Act (No. 1) 2013-2014 |
| -68,000 |
Department of Infrastructure and Regional Development | Administered item, Outcome 4 | Appropriation Act (No. 1) 2013-2014 | +19,000 |
|
Department of Regional Australia, Local Government, Arts and Sport | Administered item, Outcome 2 | Appropriation Act (No. 1) 2013-2014 |
| -19,000 |
Attorney-General's Department | Administered item, Outcome 2 | Appropriation Act (No. 1) 2013-2014 | +33,000
|
|
Department of Regional Australia, Local Government, Arts and Sport | Administered item, Outcome 3 | Appropriation Act (No. 1) 2013-2014 |
| -33,000
|
Department of Health | Administered item, Outcome 15 | Appropriation Act (No. 1) 2013-2014 | +6,000 |
|
Department of Regional Australia, Local Government, Arts and Sport | Administered item, Outcome 4 | Appropriation Act (No. 1) 2013-2014 |
| -6,000 |
|
| Total | +126,000 | -126,000 |
The Determination also affects Schedule 1 to the Appropriation Act (No. 2) 2013-2014 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 | |||
Department of Infrastructure and Regional Development | State, ACT, NT and local government item, Outcome 3 | Appropriation Act (No. 2) 2013-2014 | +4,000 |
|
Department of Regional Australia, Local Government, Arts and Sport | State, ACT, NT and local government item, Outcome 1 | Appropriation Act (No. 2) 2013-2014 |
| -4,000 |
Department of Infrastructure and Regional Development | Administered assets and liabilities item | Appropriation Act (No. 2) 2013-2014 | +1,000 |
|
Department of Regional Australia, Local Government, Arts and Sport | Administered assets and liabilities item | Appropriation Act (No. 2) 2013-2014 |
| -1,000 |
|
| Total | +5,000 | -5,000 |