Financial Management and Accountability Act 1997 Determination 2013/11 – Section 32 (Transfer of Functions from Immigration to Social Services and Industry)

EXPLANATORY STATEMENT

Financial Management and Accountability Act 1997

FMA Act Determination 2013/11 — Section 32 (Transfer of Functions from Immigration to Social Services and 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 Administrative Arrangements Order made on 3 October 2013.

The Determination adjusts appropriations as an interim measure to support migrant settlement and multicultural affairs functions transferring from the former Department of Immigration and Citizenship (now known as the Department of Immigration and Border Protection) to the Department of Social Services (previously known as the Department of Families, Housing, Community Services and Indigenous Affairs).

The Determination also adjusts appropriations as an interim measure to support migrant adult education functions transferring from the former Department of Immigration and Citizenship to the Department of 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.

Table 13 to the Determination contains new Outcomes 9 and 10 for the Department of Social Services. The new Outcomes 9 and 10 text is the same as the text of Outcomes 5 and 6, respectively, of the former Department of Immigration and Citizenship.

These Outcomes should be read alongside the text in note 6 at the end of Appropriation Act (No. 1) 2013-2014. This text explains that where a new outcome table is inserted, which substantially corresponds to the text of an existing outcome for an Agency, the new outcome is to be read as including activities indicated in the relevant Portfolio Budget Statements in respect of the existing outcome. Accordingly, the Department of Social Services can refer to the 2013-2014 Portfolio Budget Statements of the former Department of Immigration and Citizenship in relation to performing migrant settlement and multicultural affairs activities.

The increase to the administered appropriation for Outcome 3 for the Department of Industry is an increase to the unspent amount of administered appropriation that had been provided to the former Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education’s Outcome 3.

The Department of Industry should refer to the 2013-2014 Portfolio Budget Statements of the former Department of Immigration and Citizenship in relation to performing adult migrant education activities.

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, the Department of Immigration and Border Protection, the Department of Social Services and the Department of Industry 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:

*Note: This reduction balances the combined effect of increases to the appropriation items in the two rows above.