Financial Management and Accountability Act 1997 Determination 2012/10 - Section 32 (Transfer of Functions from DEEWR to NVETR)

Link to law: https://www.comlaw.gov.au/Details/F2012L00876

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Financial Management and Accountability Act 1997 Determination 2012/10 — Section 32 (Transfer of Functions from DEEWR to NVETR)
Financial Management and Accountability Act 1997
I, TIM YOUNGBERRY, First Assistant Secretary, Financial Reporting and Cash Management Division, Department of Finance and Deregulation, make this Determination under subsection 32(2) of the Financial Management and Accountability Act 1997 (the FMA Act).
 
This Determination is made due to a decision of the Australian Government to transfer the capital appropriations relating to the establishment of the Australian Skills Quality Authority from the Department of Education, Employment and Workplace Relations to the National Vocational Education and Training Regulator (Australian Skills Quality Authority).
 
Dated 30 March 2012
 
 
 
 
 
Tim Youngberry
First Assistant Secretary
Financial Reporting and Cash Management Division
Department of Finance and Deregulation
 
1              Name of Determination
This Determination is the Financial Management and Accountability Act 1997 Determination 2012/10 — Section 32 (Transfer of Functions from DEEWR to NVETR).
Note 1: This Determination has been made by a delegate of the Secretary of the Department of Finance and Deregulation. The Secretary is a delegate of the Minister for Finance and Deregulation in accordance with section 62 of the FMA Act. The Secretary has delegated his power in accordance with section 53 of the FMA Act.
Note 2: Acronyms used in this Determination are as follows:
(a)       “DEEWR” – refers to the Department of Education, Employment and Workplace Relations; and
(b)       “NVETR” – refers to the National Vocational Education and Training Regulator (Australian Skills Quality Authority).
Note 3: Capital appropriations relating to the establishment of the Australian Skills Quality Authority were transferred from DEWWR to NVETR.
2              Commencement
This Determination commences on the day on which it is signed.
3              Amendment of Appropriation Act (No. 1) 2010-2011
Schedule 1 amends Appropriation Act (No. 1) 2010-2011 to reduce the “Departmental” item opposite “Total: Department of Education, Employment and Workplace Relations” for DEEWR by $2,677,702.56.
4              Amendment of Appropriation Act (No. 1) 2011-2012
 
Schedule 2 amends Appropriation Act (No. 1) 2011-2012 to increase the “Departmental” item opposite “Total: National Vocational Education and Training Regulator (Australian Skills Quality Authority)” for NVETR by $2,677,702.56.
 
 
 
Schedule 1        Amendment of Appropriation Act (No. 1) 2010-2011
(Clause 3)
[1]       Schedule 1, Department of Education, Employment and Workplace Relations portfolio, Department of Education, Employment and Workplace Relations table, alongside “Total: Department of Education, Employment and Workplace Relations” under the heading “Departmental”
omit
812,677.03519
insert
809,999.33263
[2]       Schedule 1, Education, Employment and Workplace Relations portfolio, after the Department of Education, Employment and Workplace Relations table
omit the notes, insert
Note 1: The table has been amended by determinations under the Financial Management and Accountability Act 1997. The determinations have amended only the actual appropriation items:
(a)        for departmental items, the actual appropriation item is the “Total” amount in relation to an agency under the heading “Departmental”; and
(b)        for administered items, the actual appropriation item is the amount set out opposite an Outcome of an agency under the heading “Administered”.
No other amounts in the table have been amended.
Note 2: Financial Management and Accountability Act 1997 Determination 2010/16 — Section 32 (Transfer of Function from DEWHA to DCCEE) amended the amount alongside “Total: Department of the Environment, Water, Heritage and the Arts”, under the heading “Departmental”, to transfer an amount to the Department of Climate Change and Energy Efficiency.
Note 3: Financial Management and Accountability Act 1997 Determination 2010/24 – Section 32 (Transfer of Functions from DEEWR to Austrade) amended an amount in this table alongside “Total: Department of Education, Employment and Workplace Relations”, in the “Departmental Outputs” column, to transfer an amount to Austrade.
Functions relating to the international promotion of Australia’s education and training sectors were transferred from the Department of Education, Employment and Workplace Relations (DEEWR) to the Australian Trade Commission due to a Government decision with effect from 1 July 2010.
Note 4: Financial Management and Accountability Act 1997 Determination 2010/25 – Section 32 (Transfer of Functions from DEEWR to APSC) amended an amount in this table alongside “Total: Department of Education, Employment and Workplace Relations”, under the heading “Departmental”, to transfer an amount to the Australian Public Service Commission (APSC).
Functions relating to APSC employment and workplace relations policy and the Defence Force Remuneration Tribunal were transferred from DEEWR to the APSC due to a change to the Administrative Arrangements Order on 29 June 2010.
 
Note 5: Financial Management and Accountability Act 1997 Determination 2010/26 – Section 32 (Transfer of Functions from DEEWR to APSC) amended an amount in this table alongside “Total: Department of Education, Employment and Workplace Relations”, under the heading “Departmental”, to transfer an amount to the APSC.
Functions relating to the Remuneration Tribunal were transferred from DEEWR to the Australian Public Service Commission due to a change to the Administrative Arrangements Order on 14 September 2010.
Note 6: Financial Management and Accountability Act 1997 Determination 2011/21 – Section 32 (Transfer of Functions from DEEWR to TEQSA) amended an amount in this table alongside “Total: Department of Education, Employment and Workplace Relations”, under the heading “Departmental”, to transfer an amount to the Tertiary Education Quality and Standards Agency (TEQSA).
Legislation establishing TEQSA was passed by both Houses of Parliament on 23 June 2011 and received Royal Assent on 29 June 2011.
Note 7: Financial Management and Accountability Act 1997 Determination 2012/10 – Section 32 (Transfer of Functions from DEEWR to NVETR) amended an amount in this table alongside “Total: Department of Education, Employment and Workplace Relations”, under the heading “Departmental”, to transfer an amount to the National Vocational Education and Training Regulator (Australian Skills Quality Authority).
Capital appropriations relating to the establishment of the Australian Skills Quality Authority were transferred from the Department of Education, Employment and Workplace Relations to the National Vocational Education and Training Regulator (Australian Skills Quality Authority).
 
Schedule 2        Amendment of Appropriation Act (No. 1) 2011-2012
(Clause 4)
 [1]      Schedule 1, Education, Employment and Workplace Relations portfolio, National Vocational Education and Training Regulator (Australian Skills Quality Authority) table, alongside “Total: National Vocational Education and Training Regulator (Australian Skills Quality Authority)”, under the heading “Departmental”
omit
26,565
insert
29,242.70256
 
[4]       Schedule 1, Education, Employment and Workplace Relations portfolio, after the National Vocational Education and Training Regulator (Australian Skills Quality Authority) table
insert
Note 1: This table has been amended by a determination under the Financial Management and Accountability Act 1997. Such determinations amend only the actual appropriation items:
(a)        for departmental items, the actual appropriation item is the “Total” amount in relation to an agency under the heading “Departmental”; and
(b)        for administered items, the actual appropriation item is the amount set out opposite an Outcome of an agency under the heading “Administered”.
No other amounts in the table have been amended.
Note 2: Financial Management and Accountability Act 1997 Determination 2012/10 – Section 32 (Transfer of Functions from DEEWR to NVETR) amended an amount in this table alongside “Total: Department of Education, Employment and Workplace Relations”, under the heading “Departmental”, to transfer an amount from the Department of Education, Employment and Workplace Relations.
Capital appropriations relating to the establishment of the Australian Skills Quality Authority were transferred from the Department of Education, Employment and Workplace Relations to the National Vocational Education and Training Regulator (Australian Skills Quality Authority).