Financial Management and Accountability Act 1997 Determination 2013/15 — Section 32 (Transfer of Functions from DRALGAS to Health and PM&C)

Link to law: https://www.comlaw.gov.au/Details/F2013L02021

FMA Act Determination 2013/15 — Section 32 (Transfer of Functions from DRALGAS to Health and PM&C)
Financial Management and Accountability Act 1997
I, PETER GIBSON, Acting 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 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 sports, to the Department of Health (previously the Department of Health and Ageing); and
•         in relation to indigenous sports, to the Department of the Prime Minister and Cabinet.
 
 
 
Dated:  29 November 2013
 
 
 
 
 
PETER GIBSON
Acting First Assistant Secretary
Financial Reporting and Cash Management Division
Department of Finance
 
1  Name of Determination
                   This Determination is the FMA Act Determination 2013/15 — Section 32 (Transfer of Functions from DRALGAS to Health and PM&C)
2  Commencement
                   This Determination commences on 1 December 2013.
3  Purpose
                   The purpose of this Determination is to adjust amounts appropriated, as an interim measure, to support functions from the former Department of Regional Australia, Local Government, Arts and Sport transferred to the Department of Health and the Department of the Prime Minister and Cabinet, consistent with the Administrative Arrangements Order made on 18 September 2013.
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 18 September 2013, the Governor-General in Council acting on the Prime Minister’s recommendation under section 64 of the Constitution:
·         abolished the Department of Regional Australia, Local Government, Arts and Sport; and
·         renamed the Department of Health and Ageing as the Department of Health.
Note 3: This Determination relates to the third transfer of appropriations in relation to the abolition of the Department of Regional Australia, Local Government, Arts and Sport. An initial transfer of appropriations occurred on 20 September 2013, under FMA Act Determination 2013/07 — Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) and a second transfer of appropriations occurred on 8 November 2013, under FMA Act Determination 2013/14 — Section 32 (Transfer of Functions from DRALGAS to AGD and Infrastructure).
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.     
5  Definitions
                   In this Determination, unless the contrary intention appears,        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 19 for FMA Act Determination 2013/14 — Section 32 (Transfer of Functions from DRALGAS to AGD and Infrastructure)
Insert:
10  FMA Act Determination 2013/15 — Section 32 (Transfer of Functions from DRALGAS to Health and PM&C)
Schedule 1 to this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).
Outcome 2 for the Department of the Prime Minister and Cabinet:
As well as the activities mentioned in FMA Act Determination 2013/13 — Section 32 (Transfer of Functions from Social Services to PM&C), Outcome 2 for the Department of the Prime Minister and Cabinet may be applied for the purpose of undertaking the activities, to the extent that those activities relate to indigenous affairs, indicated in the Portfolio Budget Statements for 2013‑2014 of:
-          the former Department of Families, Housing, Community Services and Indigenous Affairs in respect of that agency’s Outcome 1 and Outcome 3;
-          the former Department of Education, Employment and Workplace Relations, in respect of that agency’s Outcome 2; and
-          the former Department of Sustainability, Environment, Water, Population and Communities, in respect of that agency’s Outcome 1.
Amendment of appropriations in Table 20:
Amendments to appropriations are as specified in Table 20.
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 20: Amendment of appropriations
 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
$’000

1
Administered item, Outcome 15
Department of Health
+2,611

2
Administered item, Outcome 2
Department of the Prime Minister and Cabinet
+13,528

3
Administered item, Outcome 4
Department of Regional Australia, Local Government, Arts and Sport
-16,139

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 2013/15— Section 32 (Transfer of Functions from DRALGAS to Health and PM&C) 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 from the former Department of Regional Australia, Local Government, Arts and Sport were transferred: in relation to sports, to the Department of Health; and, in relation to indigenous sports to the Department of the Prime Minister and Cabinet.
This Determination relates to the third transfer of appropriations in relation to the abolition of the Department of Regional Australia, Local Government, Arts and Sport. An initial transfer of appropriations occurred on 20 September 2013, under FMA Act Determination 2013/07 — Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) and a second transfer of appropriations occurred on 8 November 2013, under FMA Act Determination 2013/14 — Section 32 (Transfer of Functions from DRALGAS to AGD and Infrastructure).
2     Schedule 1, Health and Ageing portfolio, after the Department of Health and Ageing table
After Note 2, insert:
Note 3:       FMA Act Determination 2013/15 — Section 32 (Transfer of Functions from DRALGAS to Health and PM&C) increased the administered item for Outcome 15 for the former Department of Health and Ageing (which is now the Department of Health) by the amount specified in Table 20 at the end of Schedule 1 to this Act.
3     Schedule 1, Prime Minister and Cabinet portfolio, after the Department of the Prime Minister and Cabinet table
After Note 1, insert:
Note 2:       FMA Act Determination 2013/15 — Section 32 (Transfer of Functions from DRALGAS to Health and PM&C) increased the administered item for Outcome 2 for the Department of the Prime Minister and Cabinet by the amount specified in Table 20 at the end of Schedule 1 to this Act.
4     Schedule 1, Regional Australia, Local Government, Arts and Sports portfolio, after the Department of Regional Australia, Local Government, Arts and Sports table
After Note 2, insert:
Note 3:       FMA Act Determination 2013/15 — Section 32 (Transfer of Functions from DRALGAS to Health and PM&C) decreased the administered item for Outcome 4 for the former Department of Regional Australia, Local Government, Arts and Sports by the amount specified in Table 20 at the end of Schedule 1 to this Act.
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