EXPLANATORY STATEMENT
Financial Management and Accountability Act 1997
FMA Act Determination 2013/21 — Section 32 (Transfer of Functions from Social Services to AACQA) (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 to support the establishment of the Australian Aged Care Quality Agency under the Australian Aged Care Quality Agency Act 2013. That Act establishes the Australian Aged Care Quality Agency from 1 January 2014, for which appropriations are transferred from the Department of Social Services.
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 Social Services 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:
Agency affected | Item affected | Appropriation Act | Transfer to $ ’000 | Transfer from $ ’000 |
Australian Aged Care Quality Agency | Departmental item | Appropriation Act (No. 1) 2013-2014 | +13,038 |
|
Department of Social Services | Administered item, Outcome 8 | Appropriation Act (No. 1) 2013-2014 |
| -13,038 |
|
| Total | +13,038 | -13,038 |