Financial Management and Accountability Act 1997 Determination 2013/18 — Section 32 (Transfer of Functions from Industry to Education)

EXPLANATORY STATEMENT

Financial Management and Accountability Act 1997

FMA Act Determination 2013/18 — Section 32 (Transfer of Functions from Industry to Education) (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 Orders made on 18 September 2013 and 3 October 2013.

Due to a change to the Administrative Arrangements Order on 18 September 2013, functions in relation to international education transferred from the former Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education to the Department of Education (Education).

On 18 September 2013, the Governor-General in Council acting on the Prime Minister’s recommendation under section 64 of the Constitution renamed the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education as the Department of Industry.

This Determination is also made due to a change to the Administrative Arrangements Order made on 3 October 2013, where functions in relation to research were transferred from the renamed Department of Industry to Education.

The further movement of appropriations will occur in due course.

New Outcomes in Table 23:

Table 23 to the Determination contains new Outcomes 3 and 4 for Education. The new Outcome 3 and Outcome 4 text for Education is the same as the text for Outcome 2 and Outcome 3 of the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education.

The new Outcomes should be read alongside the text in note 13 at the end of Appropriation Act (No. 1) 2013-2014. This text explains 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 amounts appropriated to Outcomes 3 and 4 for Education may be applied for the purpose of undertaking the activities indicated in the Portfolio Budget Statements for 2013‑2014 of the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education in respect of Outcomes 2 and 3, respectively.

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 Education 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: