Financial Management and Accountability Act 1997 Determination 2013/08 – Section 32 (Transfer of Functions from DRET to Industry)

Link to law: https://www.comlaw.gov.au/Details/F2013L01731

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FMA Act Determination 2013/08 — Section 32 (Transfer of Functions from DRET to Industry)
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 Resources, Energy and Tourism was abolished on 18 September 2013 by the Governor-General in Council acting under section 64 of the Constitution and its functions in relation to resources, energy and domestic tourism were transferred to the Department of Industry (previously the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education).
 
 
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 2013/08 — Section 32 (Transfer of Functions from DRET to Industry).
2  Commencement
                   This Determination commences on 20 September 2013.
3  Purpose
                   The purpose of this Determination is to adjust amounts appropriated to DRET and Industry as an interim measure to support functions from DRET being transferred to Industry, 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 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:
DRET means the former Department of Resources, Energy and Tourism.
Industry means the Department of Industry.
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 7 for FMA Act Determination 2013/07 — Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD)
Insert:
3    FMA Act Determination 2013/08 — Section 32 (Transfer of Functions   from DRET to Industry)
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 is created for the Department of Industry, which is set out at Table 8. The Outcome text is identical to the text of Outcome 1 for the former Department of Resources, Energy and Tourism.
Amendments to appropriations are as specified in Table 9. 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 8
 
Departmental
Administered
Total

 
$'000
$'000
$'000

Outcome 5 ‑
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 2013-2014 of the Department of Resources, Energy and Tourism as being activities in respect of Outcome 1 for that Department)
 
 
 

0
0
0

 
 
 

Table 9
 
Amendment of appropriations

 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
($’000)

1
Administered item, Outcome 5
Department of Industry
+146,000

2
Administered item, Outcome 1
Department of Resources, Energy and Tourism
-146,000

 
 
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 2013/08— Section 32 (Transfer of Functions from DRET to Industry) 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 resources, energy and domestic tourism were transferred from the former Department of Resources, Energy and Tourism to the Department of Industry.
2     Schedule 1, Industry, Innovation, Climate Change, Science, Research and Tertiary Education portfolio, after the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education table
Insert:
Note 1:       FMA Act Determination 2013/08 — Section 32 (Transfer of Functions from DRET to Industry) created a new Outcome 5 for the Department of Industry (Industry), which is set out in Table 8 at the end of Schedule 1 to this Act.
Additionally, the Determination increased the administered item for Outcome 5 for Industry by the amount specified in Table 9 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 resources, energy and domestic tourism were transferred from the former Department of Resources, Energy and Tourism to Industry.
3     Schedule 1, Resources, Energy and Tourism portfolio, after the Department of Resources, Energy and Tourism table
Insert:
Note 1:       FMA Act Determination 2013/08 — Section 32 (Transfer of Functions from DRET to Industry) decreased the administered item for Outcome 1 for the Department of Resources, Energy and Tourism (DRET) by the amount specified in Table 9 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 resources, energy and domestic tourism were transferred from the former DRET to the Department of Industry.