Financial Management and Accountability Act 1997 Determination 2013/18 — Section 32 (Transfer of Functions from Industry to Education)

Link to law: https://www.comlaw.gov.au/Details/F2013L02025

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FMA Act Determination 2013/18 — Section 32 (Transfer of Functions from Industry to Education)
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. Functions in relation to international education were transferred from the former Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (now the Department of Industry) to the Department of Education.
This Determination is also made in response to the Administrative Arrangements Order made on 3 October 2013. Functions in relation to research were transferred from the Department of Industry to the Department of Education.
 
 
 
 
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 2013/18 — Section 32 (Transfer of Functions from Industry to Education).
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 Industry, Innovation, Climate Change, Science, Research and Tertiary Education transferred to the Department of Education, consistent with the Administrative Arrangements Order made on 18 September 2013; and
·         functions from the Department of Industry transferred to the Department of Education, consistent with the Administrative Arrangements Order made on 3 October 2013.
The further transfer of appropriations will occur in due course.
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 Industry, Innovation, Climate Change, Science, Research and Tertiary Education as the Department of Industry and established the Department of Education.
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:
§  Department of Industry includes a reference to the former Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education.
§  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 22 for FMA Act Determination 2013/17 — Section 32 (Transfer of Functions from Health to Social Services)
Insert:
13  FMA Act Determination 2013/18 — Section 32 (Transfer of Functions from Industry to Education)
Schedule 1 to this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).
New Outcomes in Table 23:
New Outcomes 3 and 4 are created for the Department of Education (Education), which are set out at Table 23. The text for Outcome 3 for Education is the same as the text for Outcome 2 of the former Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Industry) (which includes functions relating to research). Similarly, the text for Outcome 4 for Education is the same as the text for Outcome 3 for Industry (which includes functions relating to international education).
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, Education can perform the research and international education activities indicated in the Portfolio Budget Statements for 2013-2014 of Industry.
Amendment of appropriations in Table 24:
Amendments to appropriations are as specified in Table 24.
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 23: New Outcomes for the Department of Education
 
Departmental
Administered
Total

 
$'000
$'000
$'000

DEPARTMENT OF EDUCATION
 
 
 

Outcome 3 ‑
Production, use and awareness of science and research knowledge, by supporting research activity; training and infrastructure; science communication; skill development; and collaboration, within the research sector and between researchers and industry, domestically and internationally
0
0
0

 
 
 

 
 
 

 
 
 
 

Outcome 4 ‑
A growth in skills, qualifications and productivity through funding to improve teaching quality, learning, and tertiary sector infrastructure, international promotion of Australia’s education and training sectors, and partnerships with industry
0
0
0

 
 
 

 
 
 

 
Table 24: Amendment of appropriations
 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
($’000)

1
Administered item, Outcome 3
Department of Education
+18,560

2
Administered item, Outcome 2
Department of Industry
-18,560

3
Administered item, Outcome 4
Department of Education
+8,831

4
Administered item, Outcome 3
Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education
-8,831

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 2013/18 — Section 32 (Transfer of Functions from Industry to Education) 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 in relation to international education were transferred from the former Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (now the Department of Industry) to the Department of Education.
Due to a change to the Administrative Arrangements Order on 3 October 2013, functions in relation to research were transferred from the Department of Industry to the Department of Education.
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
After Note 3, insert:
Note 4:       FMA Act Determination 2013/18 — Section 32 (Transfer of Functions from Industry to Education) decreased the administered items for Outcome 2 and Outcome 3 for the former Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (now the Department of Industry) by the amount specified in Table 24 at the end of Schedule 1 to this Act.