Financial Management and Accountability Act 1997 Determination 2013/12 – Section 32 (Transfer of Functions from AusAID to DFAT)

Link to law: https://www.comlaw.gov.au/Details/F2013L01872

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FMA Act Determination 2013/12 — Section 32 (Transfer of Functions from AusAID to DFAT)
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 delegate of the Secretary of the Department of Finance, who, in turn, is a delegate of the Finance Minister.
 
This Determination is made to support the transfer of functions to the Department of Foreign Affairs and Trade, arising from the abolition of the Australian Agency for International Development (AusAID), on 1 November 2013.
 
 
Dated 31 October 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 2013/12 — Section 32 (Transfer of Functions from AusAID to DFAT).
2  Commencement
                   This Determination commences on 1 November 2013.
3  Purpose
                   The purpose of this Determination is to adjust amounts appropriated, to support functions transferred to the Department of Foreign Affairs and Trade from AusAID.
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 Secretary is a delegate of the Finance Minister (in accordance with section 62 of the FMA Act) and the Secretary has, in turn, sub-delegated that power to the signatory of this Determination (in accordance with section 53 of the FMA Act).
Note 2: On 17 October 2013, an order made under section 65 of the Public Service Act 1999, abolished the Australian Agency for International Development (AusAID), with effect on 1 November 2013 and an amendment was made to the Financial Management and Accountability Regulations 1997, with effect on 1 November 2013, to remove AusAID as a prescribed agency under the FMA Act.
4  Amendment of Appropriation Act
                   Schedule 1 to the Appropriation Act (No. 1) 2013-2014 and Schedule 2 to the Appropriation Act (No. 2) 2013-2014 are amended as set out in Schedule 1 and Schedule 2, respectively, to this Determination.
5  Definitions
                   In this Determination, unless the contrary intention appears:
·        AusAID means the Australian Agency for International Development; and
·        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 14 for FMA Act Determination 2013/11 — Section 32 (Transfer of Functions from Immigration to Social Services and Industry)
Insert:
7    FMA Act Determination 2013/12 — Section 32 (Transfer of Functions from AusAID to DFAT)
Schedule 1 of this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).
New Outcome in Table 15:
A new Outcome 4 is created for the Department of Foreign Affairs and Trade (DFAT), which is set out at Table 15. The text for Outcome 4 for DFAT is the same as the text for Outcome 1 for AusAID.
Where a new outcome inserted by a Table substantially corresponds to the text of an existing outcome for an Agency, the new outcome is to be read as including activities indicated in the relevant Portfolio Budget Statements in respect of the existing outcome.
Accordingly, the amount appropriated to Outcome 4 for DFAT may be applied for the purpose of undertaking the activities indicated in the Portfolio Budget Statements for 2013‑2014 of AusAID.
Amendment of appropriations in Table 16:
Amendments to appropriations are as specified in Table 16.
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 15: New Outcome for the Department of Foreign Affairs and Trade
 
Departmental
Administered
Total

 
$'000
$'000
$'000

DEPARTMENT OF FOREIGN AFFAIRS AND TRADE
 
 
 

Outcome 4 ‑
To assist developing countries to reduce poverty and achieve sustainable development, in line with Australia’s national interest
 
 
 

0
0
0

 
 
 

 
 
Table 16: Amendment of appropriations
 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
($’000)

1
Administered item, Outcome 4
Department of Foreign Affairs and Trade
+3,490,978

2
Administered item, Outcome 1
AusAID
-3,490,978

3
Departmental item
Department of Foreign Affairs and Trade
+331,784

4
Departmental item
AusAID
-331,784

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 2013/12 — Section 32 (Transfer of Functions from AusAID to DFAT) affects this Act in a specified way to result in no change to the total amount appropriated.
                   AusAID was abolished with effect from 1 November 2013, and its functions were transferred to the Department of Foreign Affairs and Trade.
2     Schedule 1, Foreign Affairs and Trade portfolio, after the Department of Foreign Affairs and Trade table
Insert:
Note 1:       FMA Act Determination 2013/12 — Section 32 (Transfer of Functions from AusAID to DFAT) created Outcome 4 for the Department of Foreign Affairs and Trade (DFAT), which is set out in Table 15 at the end of Schedule 1 to this Act. Additionally, the Determination increased the administered item for Outcome 4 and the departmental item for DFAT, by the amount specified in Table 16 at the end of Schedule 1 to this Act.
3     Schedule 1, Foreign Affairs and Trade portfolio, after the AusAID table
Insert:
Note 1:       FMA Act Determination 2013/12 — Section 32 (Transfer of Functions from AusAID to DFAT) decreased the administered item for Outcome 1 and the departmental item for AusAID by the amount specified in Table 16 at the end of Schedule 1 to this Act.
Schedule 2   Amendment of Appropriation Act (No. 2) 2013‑2014
1     At the end of Schedule 2, after the note to Table 4 for FMA Act Determination 2013/07 — Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD)
Insert:
3    FMA Act Determination 2013/12 — Section 32 (Transfer of Functions from AusAID to DFAT)
Schedule 2 of this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).
New appropriation item in Table 5:
An administered assets and liabilities item is created for the Department of Foreign Affairs and Trade, which is set out at Table 5.
Amendment of appropriations in Table 6:
Amendments to appropriations are as specified in Table 6.
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 5: New appropriation item for the Department of Foreign Affairs and Trade
 
 
 
Total

 
$'000
$'000
$'000

DEPARTMENT OF FOREIGN AFFAIRS AND TRADE
 
 
 
 
Non-operating
 
 
 

Administered Assets and Liabilities
0
0
0

 
 
 

 
 
 

Table 6: Amendment of appropriations
 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
($’000)

1
Administered assets and liabilities item
Department of Foreign Affairs and Trade
+594,223

2
Administered assets and liabilities item
AusAID
-594,223

3
Other departmental item (Equity Injections)
Department of Foreign Affairs and Trade
+14,523

4
Other departmental item (Equity Injections)
AusAID
-14,523

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 2013/12 — Section 32 (Transfer of Functions from AusAID to DFAT) affects this Act in a specified way to result in no change to the total amount appropriated.
                   AusAID was abolished with effect from 1 November 2013, and its functions were transferred to the Department of Foreign Affairs and Trade.
2     Schedule 2, Foreign Affairs and Trade portfolio, after the Department of Foreign Affairs and Trade table
Insert:
Note 1:       FMA Act Determination 2013/12 — Section 32 (Transfer of Functions from AusAID to DFAT) created an administered assets and liabilities item for the Department of Foreign Affairs and Trade (DFAT), which is set out in Table 5 at the end of Schedule 2 to this Act.
Additionally, the Determination increased the administered assets and liabilities item and the other departmental item (Equity Injections) for DFAT by the amount specified in Table 6 at the end of Schedule 2 to this Act.
3     Schedule 2, Foreign Affairs and Trade portfolio, after the AusAID table
Insert:
Note 1:       FMA Act Determination 2013/12 — Section 32 (Transfer of Functions from AusAID to DFAT) decreased the administered assets and liabilities item and the other departmental item (Equity Injections) for AusAID by the amount specified in Table 6 at the end of Schedule 2 to this Act.