FMA Act Determination 2014/04 — Section 32 (Transfer of Functions from Immigration to Social Services)

Link to law: https://www.comlaw.gov.au/Details/F2014L00221

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FMA Act Determination 2014/04 — Section 32 (Transfer of Functions from Immigration to Social Services)
Financial Management and Accountability Act 1997
I, ALAN GREENSLADE, 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 a delegate of the Secretary of the Department of Finance. The Secretary has been delegated powers under section 32 by the Finance Minister.
This Determination is made in response to the Administrative Arrangements Order made on 18 September 2013. Functions relating to migrant settlement and multicultural affairs were transferred from the Department of Immigration and Border Protection (previously the Department of Immigration and Citizenship) to the Department of Social Services (previously the Department of Families, Housing, Community Services and Indigenous Affairs).
 
 
 
 
Dated 4 March 2014
 
 
 
 
 
ALAN GREENSLADE
First Assistant Secretary
Financial Reporting and Cash Management Division
Department of Finance
 
1  Name of Determination
                   This Determination is the FMA Act Determination 2014/04 — Section 32 (Transfer of Functions from Immigration to Social Services).
2  Commencement
                   This Determination commences on the day of registration.
3  Purpose
                   The purpose of this Determination is to further adjust amounts appropriated to support functions moved from the Department of Immigration and Border Protection to the Department of Social Services, 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 Finance Minister has delegated power under s 32 to the Secretary (in accordance with section 62 of the FMA Act), who has 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 under section 64 of the Constitution renamed the Department of Immigration and Citizenship as the Department of Immigration and Border Protection, and the Department of Families, Housing, Community Services and Indigenous Affairs as the Department of Social Services.
Note 3: This Determination is the second transfer of appropriations in relation to the transfer of migrant settlement and multicultural affairs functions. An initial transfer of appropriations occurred on 31 October 2013, under FMA Act Determination 2013/11 — Section 32 (Transfer of Functions from Immigration to Social Services and Industry).
4  Amendment of Appropriation Act
                   Schedule 1 to the Appropriation Act (No. 1) 2013-2014 is amended as set out in Schedule 1 to this Determination.
5  Definitions
                   In this Determination, unless the contrary intention appears:
§  Department of Immigration and Border Protection includes a reference to the Department of Immigration and Citizenship.
§  Department of Social Services includes a reference to the Department of Families, Housing, Community Services and Indigenous Affairs.
§  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 32 for FMA Act Determination 2014/03 — Section 32 (Transfer of Functions from DEEWR to Education and Employment)
Insert:
20  FMA Act Determination 2014/04 — Section 32 (Transfer of Functions from Immigration to Social Services)
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 33:
Amendments to appropriations are as specified in Table 33.
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 33: Amendment of appropriations
 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
$’000

1
Administered item, Outcome 9
Department of Social Services
+90,099

2
Administered item, Outcome 5
Department of Immigration and Citizenship
-90,099

3
Administered item, Outcome 10
Department of Social Services
+6,159

4
Administered item, Outcome 6
Department of Immigration and Citizenship
-6,159

5
Departmental item
Department of Social Services
+21,231

6
Departmental item
Department of Immigration and Citizenship
-21,231
 

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 2014/04 — Section 32 (Transfer of Functions from Immigration to Social Services) 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 on 18 September 2013, functions in relation to migrant settlement and multicultural affairs were transferred from the Department of Immigration and Border Protection (previously the Department of Immigration and Citizenship) to the Department of Social Services.
This Determination is the second transfer of appropriations in relation to the transfer of migrant settlement and multicultural affairs functions. An initial transfer of appropriations occurred on 31 October 2013, under FMA Act Determination 2013/11 — Section 32 (Transfer of Functions from Immigration to Social Services and Industry).
2     Schedule 1, Families, Housing, Community Services and Indigenous Affairs portfolio, after the Department of Families, Housing, Community Services and Indigenous Affairs table
After Note 6, insert:
Note 7:       FMA Act Determination 2014/04 — Section 32 (Transfer of Functions from Immigration to Social Services) increased the administered items for Outcome 9 and Outcome 10 and the departmental item for the Department of Social Services (previously the Department of Families, Housing, Community Services and Indigenous Affairs) by the amounts specified in Table 33 at the end of Schedule 1 to this Act.
3     Schedule 1, Immigration and Citizenship portfolio, after the Department of Immigration and Citizenship table
After Note 1, insert:
Note 2:       FMA Act Determination 2014/04 — Section 32 (Transfer of Functions from Immigration to Social Services) decreased the administered items for Outcome 5 and Outcome 6 and the departmental item for the Department of Immigration and Border Protection (previously the Department of Immigration and Citizenship) by the amounts specified respectively in Table 33 at the end of Schedule 1 to this Act.