FMA Act Determination 2014/03 – Section 32 (Transfer of Functions from DEEWR to Education and Employment)

Link to law: https://www.comlaw.gov.au/Details/F2014L00136

FMA Act Determination 2014/03 — Section 32 (Transfer of Functions from DEEWR to Education and Employment)
Financial Management and Accountability Act 1997
I, MARC MOWBRAY-D’ARBELA, Acting First Assistant Secretary, Financial Reporting and Cash Management Division, Department of Finance, make this Determination under section 32 of the Financial Management and Accountability Act 1997 (FMA Act), as delegate of the Secretary of the Department of Finance, who, in turn, is a delegate of the Finance Minister.
 
This Determination is made in response to the Administrative Arrangements Order, made on 18 September 2013. The Department of Education, Employment and Workplace Relations (DEEWR) has been abolished and its functions were transferred:
•         in relation to education, to the Department of Education (Education); and
•         in relation to employment, to the Department of Employment (Employment).
 
 
 
 
 
Dated 7 February 2014
 
 
 
 
 
MARC MOWBRAY-D’ARBELA
Acting First Assistant Secretary
Financial Reporting and Cash Management Division
Department of Finance
 
1  Name of Determination
                   This Determination is the FMA Act Determination 2014/03 — Section 32 (Transfer of Functions from DEEWR to Education and Employment).
2  Commencement
                   This Determination commences on 11 February 2014.
3  Purpose
                   The purpose of this Determination is to adjust amounts appropriated as a further interim measure, to support functions transferred to the Department of Education and the Department of Employment, from the former Department of Education, Employment and Workplace Relations, consistent with the Administrative Arrangements Order made on 18 September 2013.
Note 1: This Determination has been made under section 32 of the FMA Act by a delegate of the Secretary of the Department of Finance. The Secretary is a delegate of the Finance Minister (in accordance with section 62 of the FMA Act) and the Secretary has, in turn, sub-delegated that power to the signatory of this Determination (in accordance with section 53 of the FMA Act).
Note 2: On 18 September 2013, the Governor-General in Council acting on the Prime Minister’s recommendation under section 64 of the Constitution:
·         abolished the Department of Education, Employment and Workplace Relations;
·         established the Department of Education; and
·         established the Department of Employment.
Note 3: This Determination is the fourth transfer of appropriations in relation to the abolition of the Department of Education, Employment and Workplace Relations. An initial transfer of appropriations commenced on 18 September 2013, under FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment). A second transfer of appropriations commenced on 1 December 2013, under FMA Act Determination 2013/19 — Section 32 (Transfer of Functions from DEEWR to PM&C). A third transfer of appropriations commenced on 13 December 2013, under FMA Act Determination 2013/20 — Section 32 (Transfer of Functions from DEEWR to Education and Employment).
4  Amendment of Appropriation Act
                   Schedule 1 of Appropriation Act (No. 1) 2013-2014 is amended as set out in Schedule 1 to this Determination.
                   Schedule 2 of Appropriation Act (No. 2) 2013-2014 is amended as set out in Schedule 2 to this Determination.
5  Definitions
                   In this Determination, unless the contrary intention appears,        FMA Act means the Financial Management and Accountability Act 1997.
                  
Schedule 1   Amendment of Appropriation Act (No. 1) 2013‑2014
1     At the end of Schedule 1, after the note to Table 31 for FMA Act Determination 2014/02 — Section 32 (Transfer of Functions from Industry to Education)
Insert:
19  FMA Act Determination 2014/03 — Section 32 (Transfer of Functions from DEEWR to Education and Employment)
Schedule 1 to this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).
Amendment of appropriations in Table 32:
Amendments to appropriations are as specified in Table 32.
The appropriation item (listed in Column 1) for the Agency (listed in Column 2) is amended by the relevant amount (listed in Column 3). A positive amount in Column 3 is an increase in the appropriation and a negative amount is a decrease in the appropriation.
Table 32: Amendment of appropriations
 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
$’000

1
Administered item, Outcome 1
Department of Education
+137,877

2
Administered item, Outcome 1
Department of Education, Employment and Workplace Relations
-137,877

3
Administered item, Outcome 2
Department of Education
+113,739

4
Administered item, Outcome 2
Department of Education, Employment and Workplace Relations
-113,739

5
Administered item, Outcome 1
Department of Employment
+699,063

6
Administered item, Outcome 3
Department of Education, Employment and Workplace Relations
-699,063

7
Administered item, Outcome 2
Department of Employment
+5,915

8
Administered item, Outcome 4
Department of Education, Employment and Workplace Relations
-5,915
 

9
Departmental item
Department of Education
+5,000

10
Departmental item
Department of Employment
+45,000

11
Departmental item
Department of Education, Employment and Workplace Relations
-50,000

Note:          Section 32 of the FMA Act enables the Finance Minister to determine that Schedules to Appropriation Acts are amended in relation to a transfer of functions between Agencies. A determination under section 32 of the FMA Act cannot result in a change to the total amount appropriated. FMA Act Determination 2014/03 — Section 32 (Transfer of Functions from DEEWR to Education and Employment) affects this Act in a specified way to result in no change to the total amount appropriated.
Due to a change to the Administrative Arrangements Order made on 18 September 2013, functions relating to education were transferred from the former Department of Education, Employment and Workplace Relations to the Department of Education and functions relating to employment were transferred to the Department of Employment.
This Determination is the fourth transfer of appropriations in relation to the abolition of the Department of Education, Employment and Workplace Relations. An initial transfer of appropriations commenced on 18 September 2013, under FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment). A second transfer of appropriations commenced on 1 December 2013, under FMA Act Determination 2013/19 — Section 32 (Transfer of Functions from DEEWR to PM&C). A third transfer of appropriations commenced on 13 December 2013, under FMA Act Determination 2013/20 — Section 32 (Transfer of Functions from DEEWR to Education and Employment).
2     Schedule 1, Education, Employment and Workplace Relations portfolio, after the Department of Education, Employment and Workplace Relations table
After Note 3, insert:
Note 4:       FMA Act Determination 2014/03 — Section 32 (Transfer of Functions from DEEWR to Education and Employment), decreased the administered items for Outcome 1, Outcome 2, Outcome 3 and Outcome 4, and the departmental item, for the former Department of Education, Employment and Workplace Relations (DEEWR) by the amount specified in Table 32 at the end of Schedule 1 to this Act.
 
Schedule 2   Amendment of Appropriation Act (No. 2) 2013‑2014
1     At the end of Schedule 2, after the note to Table 12 for FMA Act Determination 2014/02 — Section 32 (Transfer of Functions from Industry to Education)
Insert:
8    FMA Act Determination 2014/03 — Section 32 (Transfer of Functions from DEEWR to Education and Employment)
Schedule 2 to this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).
Amendment of appropriations in Table 13:
Amendments to appropriations are as specified in Table 13.
The appropriation item (listed in Column 1) for the Agency (listed in Column 2) is amended by the relevant amount (listed in Column 3). A positive amount in Column 3 is an increase in the appropriation and a negative amount is a decrease in the appropriation.
Table 13: Amendment of appropriations
 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
$’000

1
State, ACT, NT and local government item, Outcome 2
Department of Education
+5,092

2
State, ACT, NT and local government item, Outcome 2
Department of Education, Employment and Workplace Relations
-5,092

Note:          Section 32 of the FMA Act enables the Finance Minister to determine that Schedules to Appropriation Acts are amended in relation to a transfer of functions between Agencies. A determination under section 32 of the FMA Act cannot result in a change to the total amount appropriated. FMA Act Determination 2014/03 — Section 32 (Transfer of Functions from DEEWR to Education and Employment) affects this Act in a specified way to result in no change to the total amount appropriated.
Due to a change to the Administrative Arrangements Order made on 18 September 2013, functions relating to education were transferred from the former Department of Education, Employment and Workplace Relations to the Department of Education.
This Determination is the fourth transfer of appropriations in relation to the abolition of the Department of Education, Employment and Workplace Relations. An initial transfer of appropriations commenced on 18 September 2013, under FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment). A second transfer of appropriations commenced on 1 December 2013, under FMA Act Determination 2013/19 — Section 32 (Transfer of Functions from DEEWR to PM&C). A third transfer of appropriations commenced on 13 December 2013, under FMA Act Determination 2013/20 — Section 32 (Transfer of Functions from DEEWR to Education and Employment).
2     Schedule 2, Education, Employment and Workplace Relations portfolio, after the Department of Education, Employment and Workplace Relations table
After Note 3, insert:
Note 4:       FMA Act Determination 2014/03 — Section 32 (Transfer of Functions from DEEWR to Education and Employment), decreased the State, ACT, NT and local government item for Outcome 2 for the former Department of Education, Employment and Workplace Relations (DEEWR) by the amount specified in Table 13 at the end of Schedule 2 to this Act.
 
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