Financial Management and Accountability Act 1997 Determination 2013/15 — Section 32 (Transfer of Functions from DRALGAS to Health and PM&C)

EXPLANATORY STATEMENT

Financial Management and Accountability Act 1997

FMA Act Determination 2013/15 — Section 32 (Transfer of Functions from DRALGAS to Health and PM&C) (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 further adjusts appropriations to support functions transferring from the former Department of Regional Australia, Local Government, Arts and Sport to:

         the Department of Health (previously the Department of Health and Ageing), in relation to sports; and

         the Department of the Prime Minister and Cabinet (PM&C), in relation to indigenous sports.

This Determination relates to the third transfer of appropriations in relation to the abolition of the Department of Regional Australia, Local Government, Arts and Sport. An initial transfer of appropriations occurred on 20 September 2013, under FMA Act Determination 2013/07 — Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) and a second transfer of appropriations occurred on 8 November 2013, under FMA Act Determination 2013/14 — Section 32 (Transfer of Functions from DRALGAS to AGD and Infrastructure). The further movement of appropriations will occur in due course.

Outcome 2 for the Department of the Prime Minister and Cabinet:

This outcome should be read to include the activities mentioned in note 8 at the end of Appropriation Act (No. 1) 2013-2014 from FMA Act Determination 2013/13 — Section 32 (Transfer of Functions from Social Services to PM&C), as well as activities, to the extent that those activities relates to indigenous affairs, indicated in the Portfolio Budget Statements for 2013‑2014 of:

-          the former Department of Families, Housing, Community Services and Indigenous Affairs in respect of Outcome 1 and Outcome 3;

-          the former Department of Education, Employment and Workplace Relations, in respect of that agency’s Outcome 2; and

-          the former Department of Sustainability, Environment, Water, Population and Communities, in respect of that agency’s Outcome 1.

Given PM&C’s new responsibility for indigenous affairs it is appropriate that PM&C’s Outcome 2 extends to carrying out those 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. 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, the Department of Health and the Department of the Prime Minister and Cabinet 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: