Financial Management and Accountability Act 1997 Determination 2013/07 – Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) (Australia)

Financial Management and Accountability Act 1997 Determination 2013/07 – Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD)

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FMA Act Determination 2013/07 — Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD)
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 Finance Minister.

This Determination is made in response to the Administrative Arrangements Order made on 18 September 2013. The Department of Regional Australia, Local Government, Arts and Sport was abolished on 18 September 2013 by the Governor-General in Council acting under section 64 of the Constitution and its functions were transferred:
•         in relation to arts, to the Attorney-General's Department;
•         in relation to sports and recreation, to the Department of Health (previously the Department of Health and Ageing); and
•         in relation to regional development, to the Department of Infrastructure and Regional Development (previously the Department of Infrastructure and Transport).

Dated                              20 September 2013

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 2013/07 — Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD)
2 Commencement
                   This Determination commences on 20 September 2013.
3 Purpose
                   The purpose of this Determination is to adjust amounts appropriated to DRALGAS, AGD, Health and DIRD as an interim measure to support functions from DRALGAS being transferred to AGD, Health and DIRD, consistent with the Administrative Arrangements Order made on 18 September 2013. The further transfer of appropriations will occur in due course.
Note 1: This Determination has been made by a delegate of the Finance Minister (in accordance with section 62 of the FMA Act).
4 Amendment of Appropriation Acts
                   Schedule 1 to the Appropriation Act (No. 1) 2013-2014 is amended as set out in Schedule 1 to this Determination.
                   Schedule 2 to the Appropriation Act (No. 2) 2013-2014 is amended as set out in Schedule 2 to this Determination.
5 Definitions
                   In this Determination:
DRALGAS means the former Department of Regional Australia, Local Government, Arts and Sport.
AGD means the Attorney-General's Department.
Health means the Department of Health.
DIRD means the Department of Infrastructure and Regional Development.
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 3 for FMA Act Determination 2013/06 – Section 32 (Transfer of Functions from DEEWR to Education and Employment)
Insert:
2    FMA Act Determination 2013/07 — Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD)
Schedule 1 of this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).
A new Outcome 2 is created for the Attorney-General’s Department, which is set out at Table 4. The Outcome text is identical to the text of Outcome 3 for the former Department of Regional Australia, Local Government, Arts and Sport.
A new Outcome 15 is created for the Department of Health, which is set out at Table 5. The Outcome text is identical to the text of Outcome 4 for the former Department of Regional Australia, Local Government, Arts and Sport.
A new Outcome 3 and Outcome 4 are created for the Department of Infrastructure and Regional Development, which are set out at Table 6. The text of the Outcomes is identical to the text of Outcome 1 and Outcome 2 for the former Department of Regional Australia, Local Government, Arts and Sport.
Amendments to appropriations are as specified in Table 7. 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 4

Outcome 2 ‑
Participation in, and access to, Australia's arts and culture through developing and supporting cultural expression (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Regional Australia, Local Government, Arts and Sport as being activities in respect of Outcome 3 for that Department)

Departmental
Administered
Total

$’000
$’000
$’000

0

0

0

Table 5

Outcome 15 -
Improved opportunities for community participation in sport and recreation, and excellence in high-performance athletes, through initiatives to help protect the integrity of sport, investment in sport infrastructure, coordination of Commonwealth involvement in major sporting events, and research and international cooperation on sport issues (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Regional Australia, Local Government, Arts and Sport as being activities in respect of Outcome 4 for that Department)

Departmental
Administered
Total

$’000

$’000
$’000

0
0

0



Table 6

Departmental
Administered
Total

Outcome 3 ‑
Strengthening the sustainability, capacity and diversity of regional economies including through facilitating local partnerships between all levels of government and local communities; and providing grants and financial assistance (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Regional Australia, Local Government, Arts and Sport as being activities in respect of Outcome 1 for that Department)
$’000
$’000
$’000

0
0
0

Outcome 4 ‑
Good governance in the Australian Territories through the maintenance and improvement of the overarching legislative framework for self-governing territories, and laws and services for non-self-governing territories (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Regional Australia, Local Government, Arts and Sport as being activities in respect of Outcome 2 for that Department)

0
0
0

Table 7
Amendment of appropriations

Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
$’000

1
Administered item, Outcome 3
Department of Infrastructure and Regional Development
+68,000

2
Administered item, Outcome 1
Department of Regional Australia, Local Government, Arts and Sport
-68,000

3
Administered item, Outcome 4
Department of Infrastructure and Regional Development
+19,000

4
Administered item, Outcome 2
Department of Regional Australia, Local Government, Arts and Sport
-19,000

5
Administered item, Outcome 2
Attorney-General's Department
+33,000

6
Administered item, Outcome 3
Department of Regional Australia, Local Government, Arts and Sport
-33,000

7
Administered item, Outcome 15
Department of Health
+6,000

8
Administered item, Outcome 4
Department of Regional Australia, Local Government, Arts and Sport
-6,000

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 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) 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 relating to arts were transferred from the former Department of Regional Australia, Local Government, Arts and Sport to the Attorney-General's Department, functions relating to sports and recreation were transferred to the Department of Health and functions relating to regional development were transferred to the Department of Infrastructure and Regional Development.
2     Schedule 1, Attorney-General’s portfolio, after the Attorney-General’s Department table
Insert:
Note 1:       FMA Act Determination 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) created a new Outcome 2 for the Attorney General’s Department (AGD), which is set out in Table 4 at the end of Schedule 1 to this Act.
Additionally, the Determination increased the administered item for Outcome 2 for AGD by the amount specified in Table 7 at the end of Schedule 1 to this Act.
                   Due to a change to the Administrative Arrangements Order on 18 September 2013, functions relating to arts were transferred from the former Department of Regional Australia, Local Government, Arts and Sport to AGD.
3     Schedule 1, Health and Ageing portfolio, after the Department of Health and Ageing table
Insert:
Note 1:       FMA Act Determination 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) created a new Outcome 15 for the Department of Health, which is set out in accordance with Table 5 at the end of Schedule 1 to this Act.
Additionally, the Determination increased the administered item for Outcome 15 for the Department of Health in accordance with Table 7 at the end of Schedule 1 to this Act.
                   Due to a change to the Administrative Arrangements Order on 18 September 2013, the Department of Health and Ageing was renamed the Department of Health and functions relating to sports and recreation were transferred from the former Department of Regional Australia, Local Government, Arts and Sport to the Department of Health.
4     Schedule 1, Infrastructure and Transport portfolio, after the Department of Infrastructure and Transport table
Insert:
Note 1:       FMA Act Determination 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) created a new Outcome 3 and Outcome 4 for the Department of Infrastructure and Regional Development, which are set out in Table 6 at the end of Schedule 1 to this Act.
Additionally, the Determination increased the administered items for Outcome 3 and Outcome 4 for the Department of Infrastructure and Regional Development by the amounts specified in Table 7 at the end of Schedule 1 to this Act.
Due to a change to the Administrative Arrangements Order on 18 September 2013, the Department of Infrastructure and Transport was renamed the Department of Infrastructure and Regional Development and functions relating to regional development were transferred from the former Department of Regional Australia, Local Government, Arts and Sport to the Department of Infrastructure and Regional Development.
5     Schedule 1, Regional Australia, Local Government, Arts and Sports portfolio, after the Department of Regional Australia, Local Government, Arts and Sports table
Insert:
Note 1:       FMA Act Determination 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) decreased the administered items for Outcome 1, Outcome 2, Outcome 3 and Outcome 4 for the Department of Regional Australia, Local Government, Arts and Sport (DRALGAS) by the amount specified in Table 7 at the end of Schedule 1 to this Act.
Due to a change to the Administrative Arrangements Order on 18 September 2013, functions relating to arts were transferred from the former DRALGAS to the Attorney-General's Department, functions relating to sports and recreation were transferred to the Department of Health and functions relating to regional development were transferred to the Department of Infrastructure and Regional Development.
Schedule 2   Amendment of Appropriation Act (No. 2) 2013‑2014
1     Schedule 1—Payments to or for the States, ACT, NT and local government, after the “Department of Health and Ageing” row, and before the “Department of Infrastructure and Transport” row
Insert on a new row
Department of Infrastructure and Regional Development
Strengthening the sustainability, capacity and diversity of regional economies including through facilitating local partnerships between all levels of government and local communities; and providing grants and financial assistance (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Regional Australia, Local Government, Arts and Sport as being activities in respect of Outcome 1 for that Department)
Minister for Infrastructure and Regional Development

Minister for Infrastructure and Regional Development

2     At the end of Schedule 2, after the note to Table 2 for FMA Act Determination 2013/06 – Section 32 (Transfer of Functions from DEEWR to Education and Employment)
Insert:
2    FMA Act Determination 2013/07 — Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD)
Schedule 2 of this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).
A new Outcome 3 is created for the Department of Infrastructure and Regional Development, which is set out at Table 3. The Outcome text is identical to the text of Outcome 1 for the former Department of Regional Australia, Local Government, Arts and Sport.
Amendments to appropriations are as specified in Table 4. 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 3

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

Outcome 3 -
Strengthening the sustainability, capacity and diversity of regional economies including through facilitating local partnerships between all levels of government and local communities; and providing grants and financial assistance (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Regional Australia, Local Government, Arts and Sport as being activities in respect of Outcome 1 for that Department)
$‘000
$’000
$’000

0
0
0

Table 4

Amendment of appropriations

Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount $’000

1
State, ACT, NT and local government item, Outcome 3
Department of Infrastructure and Regional Development
+4,000

2
State, ACT, NT and local government item, Outcome 1
Department of Regional Australia, Local Government, Arts and Sport
-4,000

3
Administered assets and liabilities item
Department of Infrastructure and Regional Development
+1,000

4
Administered assets and liabilities item
Department of Regional Australia, Local Government, Arts and Sport
-1,000

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 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) 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 relating to regional development were transferred from the former Department of Regional Australia, Local Government, Arts and Sport to the Department of Infrastructure and Regional Development.
3     Schedule 1, Infrastructure and Transport portfolio, after the Department of Infrastructure and Transport table
Insert:
Note 1:       FMA Act Determination 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) created a new Outcome 3 for the Department of Infrastructure and Regional Development, which is set out in Table 3 at the end of Schedule 2 to this Act.
Additionally, the Determination increased the State, ACT, NT and local government item for Outcome 3 and the administered assets and liabilities item for the Department of Infrastructure and Regional Development by the amounts specified in Table 4 at the end of Schedule 2 to this Act
Due to a change to the Administrative Arrangements Order on 18 September 2013, the Department of Infrastructure and Transport was renamed the Department of Infrastructure and Regional Development and functions relating to regional development were transferred from the former Department of Regional Australia, Local Government, Arts and Sport to the Department of Infrastructure and Regional Development.
4     Schedule 2, Regional Australia, Local Government, Arts and Sports portfolio, after the Department of Regional Australia, Local Government, Arts and Sports table
Insert:
Note 1:       FMA Act Determination 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD), decreased the State, ACT, NT and local government item for Outcome 1 for the Department of Regional Australia, Local Government, Arts and Sport by the amount specified in Table 4 at the end of Schedule 2 to this Act.
                   Additionally, the Determination decreased the administered assets and liabilities item for the Department of Regional Australia, Local Government, Arts and Sport by the amount specified in Table 4 at the end of Schedule 2 to this Act.
Due to a change to the Administrative Arrangements Order on 18 September 2013, functions relating to regional development were transferred from the former Department of Regional Australia, Local Government, Arts and Sport to the Department of Infrastructure and Regional Development.