Financial Management and Accountability Act 1997 Determination 2013/10 – Section 32 (Transfer of Functions from DRET to Industry)

EXPLANATORY STATEMENT

Financial Management and Accountability Act 1997

FMA Act Determination 2013/10 — Section 32 (Transfer of Functions from 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 and the amendment to the Administrative Arrangements Order made on 3 October 2013.

The amendment to the Administrative Arrangements Order on 3 October 2013 transferred tourism functions to the Department of Foreign Affairs and Trade.

The Determination further adjusts appropriations to support resources and energy functions that transferred from the abolished Department of Resources, Energy and Tourism (DRET) to the Department of Industry (Industry).

The Determination relates to a second transfer of appropriations. An initial transfer of appropriations relating to the transfer of functions in relation to the Administrative Arrangements Order occurred on 20 September 2013 under FMA Act Determination 2013/08 — Section 32 (Transfer of Functions from DRET to Industry).

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 the Secretary of the Department of Finance, who has then sub‑delegated this power to certain Senior Executive Service officials within the Department of 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: