FMA Act Determination 2013/01 - Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET)

Link to law: https://www.comlaw.gov.au/Details/F2013L00684

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FMA Act Determination 2013/01 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET)
Financial Management and Accountability Act 1997
I, ALAN GREENSLADE, First Assistant Secretary, Financial Reporting and Cash Management Division, Department of Finance and Deregulation, make this Determination under subsection 32(2) of the FMA Act, as delegate of the Secretary of the Department of Finance and Deregulation, who is, in turn, a delegate of the Finance Minister.
 
This Determination is made due to amendments to the Administrative Arrangements Order, made on 25 March 2013. On that day, the Department of Climate Change and Energy Efficiency was abolished and its functions were transferred:
·         in relation to climate change, to the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education; and
·         in relation to energy efficiency, to the Department of Resources, Energy and Tourism.
 
Dated                       24 April 2013
 
 
 
 
 
ALAN GREENSLADE
First Assistant Secretary
Financial Reporting and Cash Management Division
Department of Finance and Deregulation

1              Name of Determination
This Determination is the FMA Act Determination 2013/01 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET).
Note 1: This Determination has been made by a delegate of the Secretary of the Department of Finance and Deregulation. The Secretary is a delegate of the Finance Minister in accordance with section 62 of the FMA Act. The Secretary has sub-delegated that power in accordance with section 53 of the FMA Act.
Note 2: Functions in relation to climate change were transferred from DCCEE to DIICCSRTE, and functions in relation to energy efficiency were transferred from DCCEE to DRET due to a change in the Administrative Arrangements Order with effect from 25 March 2013.
2              Commencement
This Determination commences on the day which it is made.
3              Amendment of Appropriation Acts
Appropriation Act (No. 1) 2012-2013 and Appropriation Act (No. 2) 2012-2013 are amended as set out in the Chapters to this Determination.
4              Definitions
In this Determination:
·         DCCEE means the former Department of Climate Change and Energy Efficiency.
·         DIICCSRTE means the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education.
·         DRET means the Department of Resources, Energy and Tourism.
·         FMA Act means the Financial Management and Accountability Act 1997.
 
 
Chapter 1           Amendment of Appropriation Act (No. 1) 2012-2013
(Clause 3)
[1]                   Schedule 1, Climate Change and Energy Efficiency portfolio, Department of Climate Change and Energy Efficiency table
Omit the table and insert
Climate Change and Energy Efficiency PORTFOLIO
Appropriation (plain figures)—2012‑2013
Actual Available Appropriation (italic figures)—2011‑2012
 

 
Departmental
Administered
Total

 
$'000
$'000
$'000

DEPARTMENT OF CLIMATE CHANGE AND ENERGY EFFICIENCY
 
 
 

Outcome 1 ‑
Reduction of Australia’s greenhouse gas emissions, adaptation to the impacts of climate change, and negotiation of an effective global solution, through the development and implementation of a national response to climate change; and bilateral, regional and multilateral engagement internationally
 
 
 

104,297
41,421.24022
145,718.24022

177,948
1,335,200
1,513,148

 
 
 
 

Total: Department of Climate Change and Energy Efficiency
104,297
41,421.24022
145,718.24022

177,948
1,335,200
1,513,148

[2]       Schedule 1, Climate Change and Energy Efficiency portfolio, after the Department of Climate Change and Energy Efficiency table
Insert
Note 1:   FMA Act Determination 2013/01 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET) repealed the table for the Department of Climate Change and Energy Efficiency (DCCEE) and replaced it with a new table. These amendments only dealt with the transfer of amounts appropriated in the administered item for DCCEE and did not deal with the transfer of amounts appropriated in the departmental item for DCCEE.
The administered item for Outcome 1 was reduced by $65,744,759.78 and this amount was transferred from the former DCCEE in part to the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (DIICCSRTE) and in part to the Department of Resources, Energy and Tourism (DRET). Consequential amendments were also made to the table.
The amended administered item for Outcome 1 comprises administered amounts spent during 2012‑2013 by DCCEE, before DCCEE was abolished on 25 March 2013, together with excess administered amounts not required for the remainder of 2012-2013.
These changes were made to implement the amendments to the Administrative Arrangements Order made on 25 March 2013. Functions of the former DCCEE were transferred:
(a)     in relation to climate change, to DIICCSRTE; and
(b)     in relation to energy efficiency, to DRET.
 
[3]                   Schedule 1, Industry, Innovation, Science, Research and Tertiary Education portfolio, Department of Industry, Innovation, Science, Research and Tertiary Education table
Omit the table and insert
Industry, Innovation, Science, Research and Tertiary Education PORTFOLIO
Appropriation (plain figures)—2012‑2013
Actual Available Appropriation (italic figures)—2011‑2012
 

 
Departmental
Administered
Total

 
$'000
$'000
$’000

DEPARTMENT OF INDUSTRY, INNOVATION, CLIMATE CHANGE, SCIENCE, RESEARCH AND TERTIARY EDUCATION
 
 
 

Outcome 1 ‑
The sustainable development and growth of Australian industry ‑ particularly the manufacturing, services and small business sectors ‑ by encouraging businesses to innovate, collaborate and commercialise ideas, and by delivering business advice, assistance and services
 
 
 

290,205
668,165
958,370

302,359
700,848
1,003,207

 
 
 
 

Outcome 2 ‑
Production, use and awareness of science and research knowledge, by supporting research activity; training and infrastructure; science communication; skill development; and collaboration, within the research sector and between researchers and industry, domestically and internationally
 
 
 

55,873
54,514
110,387

55,164
72,290
127,454

 
 
 
 

Outcome 3 ‑
A growth in skills, qualifications and productivity through funding to improve teaching quality, learning, and tertiary sector infrastructure, international promotion of Australia’s education and training sectors, and partnerships with industry
 
 
 

169,263
1,750,069
1,919,332

-
1,033,809
1,033,809

 
 
 
 

Outcome 4 ‑
Reduction of Australia’s greenhouse gas emissions, adaptation to the impacts of climate change, and negotiation of an effective global solution, through the development and implementation of a national response to climate change; and bilateral, regional and multilateral engagement internationally
 
 
 

-
13,321.83915
13,321.83915

-
-
-

 
 
 
 

Total: Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education
515,341
2,486,069.83915
3,001,410.83915

357,523
1,806,947
2,164,470

[4]       Schedule 1, Industry, Innovation, Science, Research and Tertiary Education portfolio, after the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education table
After Note 4, insert
Note 5: FMA Act Determination 2013/01 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET) repealed the table for the Department of Industry, Innovation, Science, Research and Tertiary Education and replaced it with a new table for the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (DIICCSRTE), the effect of which was to:
(a)     recognise the change in the name of the Department;
(b)     insert Outcome 4, and insert the administered item for Outcome 4, to transfer $13,321,839.15 of the unspent administered amount from the former Department of Climate Change and Energy Efficiency (DCCEE) to DIICCSRTE; and
(c)      make consequential changes to the table.
The determination retains the Outcome 1 text from the former DCCEE for the new Outcome 4 of DIICCSRTE. This enables the relevant parts of the Portfolio Budget Statements tabled in relation to DCCEE at Budget 2012-2013 to be used for interpreting the relevant activities of DIICCSRTE.
Amendments to the table have been limited to those required to implement the changes in the Administrative Arrangements Order. Accordingly, references to the Industry, Innovation, Science, Research and Tertiary Education portfolio were not amended to reflect the new name of the Department, to maintain coherence with the existing structure of this Act, including the table of contents. On a related matter, orders made under section 19B of the Acts Interpretation Act 1901 enable  statutory references to a particular Department’s name to be read as a reference to a new Department’s name.
These changes were made to implement the amendments to the Administrative Arrangements Order made on 25 March 2013. Functions of the former DCCEE in relation to climate change were transferred to DIICCSRTE.
[5]                   Schedule 1, Resources, Energy and Tourism portfolio, Department of Resources, Energy and Tourism table
Omit the table and insert
Resources, Energy and Tourism PORTFOLIO
Appropriation (plain figures)—2012‑2013
Actual Available Appropriation (italic figures)—2011‑2012
 

 
Departmental
Administered
Total

 
$'000
$'000
$’000

DEPARTMENT OF RESOURCES, ENERGY AND TOURISM
 
 
 

Outcome 1 ‑
The improved strength, competitiveness and sustainability of the Resources, Energy and Tourism industries to enhance Australia’s prosperity through implementation of government policy and programs (including to perform the activities indicated in the Portfolio Budget Statements for 2012-2013 of the Department of Climate Change and Energy Efficiency as being activities in respect of Outcome 1 for that Department)
 
 
 

81,680
371,201.92063
452,881.92063

114,045
986,741
1,100,786

 
 
 
 

Total: Department of Resources, Energy and Tourism
81,680
371,201.92063
452,881.92063

114,045
986,741
1,100,786

[6]       Schedule 1, Resources, Energy and Tourism portfolio, after the Department of Resources, Energy and Tourism table
Insert
Note 1:   FMA Act Determination 2013/01 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET) repealed the table for the Department of Resources, Energy and Tourism (DRET) and replaced it with a new table.
The administered item for Outcome 1 was amended to transfer $52,422,920.63 of the unspent administered amount from the former Department of Climate Change and Energy Efficiency (DCCEE) to DRET. Consequential amendments were also made to the table.
These changes were made to implement the amendments to the Administrative Arrangements Order made on 25 March 2013. Functions of the former DCCEE in relation to energy efficiency were transferred to DRET.
 
Chapter 2           Amendment of Appropriation Act (No. 2) 2012-2013
(Clause 3)
[1]       Schedule 1—Payments to or for the States, ACT, NT and local government, after the “Department of Regional Australia, Local Government, Arts and Sport” row, and before the “Department of Sustainability, Environment, Water, Population and Communities” row
Insert a new row
Department of Resources, Energy and Tourism
The improved strength, competitiveness and sustainability of the Resources, Energy and Tourism industries to enhance Australia’s prosperity through implementation of government policy and programs (including to perform the activities indicated in the Portfolio Budget Statements for 2012-2013 of the Department of Climate Change and Energy Efficiency as being activities in respect of Outcome 1 for that Department)
Minister for Resources and Energy
 
Minister for Resources and Energy
 
 
[2]       Schedule 2, Climate Change and Energy Efficiency portfolio, Department of Climate Change and Energy Efficiency table
Omit the table and insert
CLIMATE CHANGE AND ENERGY EFFICIENCY PORTFOLIO
Appropriation (plain figures)—2012‑2013
Actual Available Appropriation (italic figures)—2011‑2012
 

 
Payments to
States, ACT,
NT and local
government
 
New
Administered
Outcomes
 
 
 
Total

 
$'000
$'000
$'000

DEPARTMENT OF CLIMATE CHANGE AND ENERGY EFFICIENCY
 
 
 

Operating
 
 
 

Outcome 1 ‑
Reduction of Australia’s greenhouse gas emissions, adaptation to the impacts of climate change, and negotiation of an effective global solution, through the development and implementation of a national response to climate change; and bilateral, regional and multilateral engagement internationally
 
 
 

6,839.23732
-
6,839.23732

7,138
-
7,138

 
 
 
 

Total: Operating
6,839.23732
-
6,839.23732

 
7,138
-
7,138

Non‑operating
 
 
 

Equity Injections
 
 
100

 
 
30,801

Total: Non‑operating
 
 
100

 
 
 
30,801

Total: Department of Climate Change and Energy Efficiency
6,839.23732
-
6,939.23732

7,138
-
37,939


 [3]      Schedule 2, Climate Change and Energy Efficiency portfolio, after the Department of Climate Change and Energy Efficiency table
Insert
Note 1: FMA Act Determination 2013/01 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET) repealed the table for the Department of Climate Change and Energy Efficiency (DCCEE) and replaced it with a new table.
The State, ACT, NT and local government item for Outcome 1, was reduced by $49,762.68 and this amount was transferred from the former DCCEE to the Department of Resources, Energy and Tourism (DRET). Consequential amendments were also made to the table. The amended State, ACT, NT and local government item for Outcome 1 represents State, ACT, NT and local government amounts spent during 2012-2013 by DCCEE before it was abolished on 25 March 2013.
These changes were made to implement the amendments to the Administrative Arrangements Order made on 25 March 2013. Functions of the former DCCEE in relation to energy efficiency were transferred to DRET.
 [4]                  Schedule 2, Resources, Energy and Tourism portfolio, Department of Resources, Energy and Tourism table
Omit the table and insert
resources, energy and tourism PORTFOLIO
Appropriation (plain figures)—2012‑2013
Actual Available Appropriation (italic figures)—2011‑2012
 

 
Payments to
States, ACT,
NT and local
government
 
New
Administered
Outcomes
 
 
 
Total

 
$'000
$'000
$'000

DEPARTMENT OF RESOURCES, ENERGY AND TOURISM
 
 
 

Operating
 
 
 

Outcome 1 ‑
The improved strength, competitiveness and sustainability of the Resources, Energy and Tourism industries to enhance Australia’s prosperity through implementation of government policy and programs (including to perform the activities indicated in the Portfolio Budget Statements for 2012-2013 of the Department of Climate Change and Energy Efficiency as being activities in respect of Outcome 1 for that Department)
 
 
 

49.76268
-
49.76268

-
-
-

 
 
 
 

Total: Operating
49.76268
-
49.76268

 
-
-
-

Non‑operating
 
 
 

Equity Injections
 
 
-

 
 
4,963

Total: Non‑operating
 
 
-

 
 
 
4,963

Total: Department of Resources, Energy and Tourism
49.76268
-
49.76268

-
-
4,963


 
 
[5]       Schedule 2, Resources, Energy and Tourism portfolio, after the Department of Resources, Energy and Tourism table
Insert
Note 1: FMA Act Determination 2013/01 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET) repealed the table for the Department of Resources, Energy and Tourism (DRET) and replaced it with a new table.
The table inserted a new State, ACT, NT and local government item for Outcome 1 for DRET, to transfer $49,762.68 of the unspent State, ACT, NT and local government amount from the former Department of Climate Change and Energy Efficiency (DCCEE) to DRET. Consequential amendments were also made to the table.
These changes were made to implement the amendments to the Administrative Arrangements Order made on 25 March 2013. Functions of the former DCCEE in relation to energy efficiency were transferred to DRET.