Financial Management and Accountability Act 1997 Determination 2013/03 – Section 32 (Transfer of Functions from DIAC to MRT-RRT)

Link to law: https://www.comlaw.gov.au/Details/F2013L01118

FMA Act Determination 2013/03 — Section 32 (Transfer of Functions from DIAC to MRT-RRT)
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 section 32 of the Financial Management and Accountability Act 1997 (FMA Act), as delegate of the Secretary of the Department of Finance and Deregulation, who, in turn, is a delegate of the Finance Minister.
 
This Determination is made due to the transfer of functions for the operation of the Independent Protection Assessment Office from the Department of Immigration and Citizenship (DIAC) to the Migration Review Tribunal and Refugee Review Tribunal (MRT-RRT).
 
Dated                              19 June 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 2013/03 — Section 32 (Transfer of Functions from DIAC to MRT-RRT).
2  Commencement
                   This Determination commences on the day on which it is registered.
3  Purpose
                   The purpose of this Determination is to further adjust appropriations in the Schedule of an Appropriation Act relating to a transfer of functions relating to IPAO from DIAC to MRT-RRT.
Note 1: The transfer of functions is due to a Government decision for the operation of IPAO to be transferred from DIAC to MRT-RRT.
Note 2: This Determination has been made by a delegate of the Secretary of the Department of Finance and Deregulation. The Secretary is, in turn, a delegate of the Finance Minister (in accordance with section 62 of the FMA Act) and the Secretary has sub-delegated that power to the signatory of this Determination (in accordance with section 53 of the FMA Act).
Note 3: An initial transfer of appropriations relating to the transfer of functions for the operation of IPAO from DIAC to MRT-RRT occurred under Financial Management and Accountability Act 1997 Determination 2012/27 – Section 32 (Transfer of Functions from DIAC to MRT-RRT). This Determination relates to the second transfer of appropriations. 
4  Amendment of Appropriation Acts
                   Schedule 1 of Appropriation Act (No. 1) 2012-2103 is amended as set out in Schedule 1 to this Determination.
5  Definitions
                   In this Determination:
DIAC means the Department of Immigration and Citizenship.
IPAO means the Independent Protection Assessment Office.
MRT-RRT means the Migration Review Tribunal and Refugee Review Tribunal.
FMA Act means the Financial Management and Accountability Act 1997.
Schedule 1   Amendment of Appropriation Act (No. 1) 2012‑2013
1     At the end of Schedule 1, after the note to Table 1 for
“1 FMA Act Determination 2013/02 – Section 32 (Transfer of Functions
from AGD to OPC)”
Insert:
2    FMA Act Determination 2013/03 — Section 32 (Transfer of Functions   from DIAC to MRT-RRT)
Schedule 1 of this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act). Amendments to appropriations are as specified in the following table. 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 2
 
Amendment of appropriations

 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount $’000

1
Departmental item
Migration Review Tribunal and Refugee Review Tribunal
+13,849

2
Departmental item
Department of Immigration and Citizenship
-2,546

3
Outcome 4, Administered item
Department of Immigration and Citizenship
-11,303

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 2013/03 — Section 32 (Transfer of Functions from DIAC to MRT-RRT) affects this Act in a specified way to result in no change to the total amount appropriated.
2     Schedule 1, Immigration and Citizenship portfolio, after the
Department of Immigration and Citizenship table, after Note 2
Insert:
Note 3:       FMA Act Determination 2013/03 — Section 32 (Transfer of Functions from DIAC to MRT-RRT) reduced the departmental item and the administered item for Outcome 4 for the Department of Immigration and Citizenship (DIAC) in accordance with Table 2 at the end of Schedule 1 to this Act. This change was made due to the transfer of functions relating to the operation of the Independent Protection Assessment Office from DIAC to the Migration Review Tribunal and Refugee Review Tribunal (MRT-RRT). The amounts transferred from the departmental item and the administered item for Outcome 4 for DIAC are the components of an increase to the departmental item for MRT-RRT in this Act.
 
3     Schedule 1, Immigration and Citizenship portfolio, after the Migration Review Tribunal and Refugee Review Tribunal table, after Note 2
Insert:
Note 3:       FMA Act Determination 2013/03 — Section 32 (Transfer of Functions from DIAC to MRT-RRT) increased the departmental item for the Migration Review Tribunal and Refugee Review Tribunal (MRT-RRT) in accordance with Table 2 at the end of Schedule 1 to this Act. This change was made due to the transfer of functions relating to the operation of the Independent Protection Assessment Office from the Department of Immigration and Citizenship to MRT-RRT.
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