Financial Management and Accountability Act 1997 Determination 2013/16 – Section 32 (Transfer of Functions from PM&C to Social Services)

Link to law: https://www.comlaw.gov.au/Details/F2013L02022

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FMA Act Determination 2013/16 — Section 32 (Transfer of Functions from PM&C to Social Services)
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, where functions relating to the non-profit sector and volunteering were transferred from the Department of the Prime Minister and Cabinet to the Department of Social Services.
 
 
 
 
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 2013/16 — Section 32 (Transfer of Functions from PM&C to Social Services).
2  Commencement
                   This Determination commences on 1 December 2013.
3  Purpose
                   The purpose of this Determination is to adjust amounts appropriated, to support functions transferred to the Department of Social Services, from 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, renamed the Department of Families, Housing, Community Services and Indigenous Affairs as the Department of Social Services.
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, 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 20 for FMA Act Determination 2013/15 — Section 32 (Transfer of Functions from DRALGAS to Health and PM&C)
Insert:
11  FMA Act Determination 2013/16 — Section 32 (Transfer of Functions from PM&C to Social Services)
Schedule 1 to this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).
Amendment of appropriations in Table 21:
Amendments to appropriations are as specified in Table 21.
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.
The transfer of functions relating to non-profit sector and volunteering activities is supported through an increase to the administered appropriation for Outcome 3 of the Department of Social Services.
The reference to Outcome 3 of the Department of Social Services extends to authorising the Department of Social Services to perform non-profit sector and volunteering activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of the Prime Minister and Cabinet, in respect of Outcome 1.
Table 21: Amendment of appropriations
 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
($’000)

1
Administered item, Outcome 3
Department of Social Services
+2,873

2
Administered item, Outcome 1
Department of the Prime Minister and Cabinet
-2,873

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 2013/16 — Section 32 (Transfer of Functions from PM&C to Social Services) 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 made on 18 September 2013, functions relating to the non-profit sector and volunteering were transferred from the Department of the Prime Minister and Cabinet to the Department of Social Services.
2     Schedule 1, Families, Housing, Community Services and Indigenous Affairs portfolio, after the Department of Families, Housing, Community Services and Indigenous Affairs table
After Note 3, insert:
Note 4:       FMA Act Determination 2013/16 — Section 32 (Transfer of Functions from PM&C to Social Services) increased the administered item for Outcome 3, for the Department of Social Services (previously known as the Department of Families, Housing, Community Services and Indigenous Affairs) by the amount specified in Table 21 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 2, insert:
Note 3:       FMA Act Determination 2013/16— Section 32 (Transfer of Functions from PM&C to Social Services) decreased the administered item for Outcome 1, for the Department of the Prime Minister and Cabinet by the amount specified in Table 21 at the end of Schedule 1 to this Act.