EXPLANATORY STATEMENT
Financial Management and Accountability Act 1997
FMA Act Determination 2013/08 – Section 32 (Transfer of Functions DRET to Industry) (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 Resources, Energy and Tourism (DRET) being transferred to the Department of Industry (Industry, previously known as the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education). The further transfer of appropriations will occur in due course.
DRET was abolished and its functions in relation to resources, energy and domestic tourism were transferred to Industry.
Table 8 in Schedule 1 of the Determination contains a new outcome for Industry. The text of the outcome is generally the same as DRET’s Outcome 1, but has additional text to clarify that the Department can perform activities indicated in DRET’s Portfolio Budget Statements for 2013-2014.
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 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, Industry was 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 Industry | Administered item, Outcome 5 | Appropriation Act (No. 1) 2013-2014 | +146,000 |
|
Department of Resources, Energy and Tourism | Administered item, Outcome 1 | Appropriation Act (No. 1) 2013-2014 |
| -146,000 |
|
| Total | +146,000 | -146,000 |