Financial Management and Accountability Act 1997 Determination 2013/12 – Section 32 (Transfer of Functions from AusAID to DFAT)

EXPLANATORY STATEMENT

Financial Management and Accountability Act 1997

FMA Act Determination 2013/12 — Section 32 (Transfer of Functions from AusAID to DFAT) (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 abolition of AusAID effective 1 November 2013.

The Determination adjusts appropriations to support functions transferring to the Department of Foreign Affairs and Trade (DFAT) from the Australian Agency for International Development (AusAID).

New Outcome in Table 15

Table 15 in Schedule 1 to the Determination contains a new Outcome 4 for DFAT in Appropriation Act (No. 1) 2013-2014. The Outcome 4 text is the same as the text of Outcome 1 for AusAID.

This Outcome should be read alongside the text in note 7 at the end of the Appropriation Act (No. 1) 2013-2014 This text indicates that where a new outcome 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 amount appropriated to Outcome 4 for DFAT may be applied for the purpose of undertaking the activities indicated in the Portfolio Budget Statements for 2013‑2014 of AusAID.

New item in Table 5

Table 5 in Schedule 2 to the Determination creates a new administered assets and liabilities item for DFAT in Appropriation Act (No. 2) 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 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. Under section 53 of the FMA Act, the Secretary has, in turn, 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, AusAID and DFAT 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:

The Determination also affects Schedule 2 to the Appropriation Act (No. 2) 2013-2014 in the following way, which results in no change to the total amount appropriated by Parliament: