Financial Management and Accountability Act 1997 Determination 2012/13 – Section 32 (Transfer of Functions from DCCEE to CER)

Link to law: https://www.comlaw.gov.au/Details/F2012L01010

Financial Management and Accountability Act 1997 Determination 2012/13 – Section 32 (Transfer of Functions from DCCEE to CER)
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 establish the Clean Energy Regulator and to transfer the functions regarding the administration of the carbon pricing mechanism, Renewable Energy Target, Carbon Farming Initiative and the National Greenhouse and Energy Reporting Systems from the Department of Climate Change and Energy Efficiency to the Clean Energy Regulator.
Dated 16 April 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 2012/13 – Section 32 (Transfer of Functions from DCCEE to CER).
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)       “DCCEE” – refers to the Department of Climate Change and Energy Efficiency
(b)       “CER” – refers to the Clean Energy Regulator
Note 3: Functions regarding the administration of the carbon pricing mechanism, Renewable Energy Target, Carbon Farming Initiative and the National Greenhouse and Energy Reporting Systems were transferred from DCCEE to CER.
2              Commencement
This Determination commences on 2 April 2012.
3              Amendment of Appropriation Act (No. 1) 2011-2012
Schedule 1 amends Appropriation Act (No. 1) 2011-2012 to:
(a)       reduce the departmental item for DCCEE by $10,000,000.00; and
(b)       increase the departmental item for CER by $10,000,000.00.
4              Amendment of Appropriation Act (No. 2) 2011-2012
Schedule 2 amends Appropriation Act (No. 2) 2011-2012 to transfer an amount of $500,000.00 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) from DCCEE to “Equity Injections” for CER.
 
Schedule 1        Amendment of Appropriation Act (No. 1) 2011-2012
(Clause 3)
[1]          Schedule 1, Climate Change and Energy Efficiency portfolio, Department of Climate Change and Energy Efficiency table alongside “Total: Department of Climate Change and Energy Efficiency” under the heading “Departmental”
omit
144,289
insert
134,289
[2]          Schedule 1, Climate Change and Energy Efficiency portfolio, after the Department of Climate Change and Energy Efficiency table
Omit the notes, insert
Note 1: The table has been amended by determinations under the Financial Management and Accountability Act 1997. That determination has 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 2012/13 — Section 32 (Transfer of Functions from DCCEE to CER) amended the amount alongside “Total, Department of Climate Change and Energy Efficiency” under the heading “Departmental”, to transfer an amount to the newly established Clean Energy Regulator due to a government decision to transfer functions regarding the administration of the carbon pricing mechanism, Renewable Energy Target, Carbon Farming Initiative and the National Greenhouse and Energy Reporting Systems from DCCEE to CER.
 
[3]       Schedule 1, Climate Change and Energy Efficiency portfolio, Clean Energy Regulator table, alongside “Total: Clean Energy Regulator” under the heading “Departmental”
omit
9,000
insert
19,000
[4]       Schedule 1, Climate Change and Energy Efficiency portfolio, after the Clean Energy Regulator table
Omit the notes, insert
Note 1: The table has been amended by determinations under the Financial Management and Accountability Act 1997. That determination has 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 2012/12 – Section 32 (Transfer of Functions from ORER to CER) inserted this table for the newly established Clean Energy Regulator (CER), as functions for administering and regulating the national renewable energy target scheme to encourage increased renewable electricity generation were transferred from the Office of the Renewable Energy Regulator to CER due to a government decision.
Note 3: Financial Management and Accountability Act 1997 Determination 2012/13 — Section 32 (Transfer of Functions from DCCEE to CER) amended the amount alongside “Total, Clean Energy Regulator” under the heading “Departmental”, due to a government decision to transfer functions regarding the administration of the carbon pricing mechanism, Renewable Energy Target, Carbon Farming Initiative and the National Greenhouse and Energy Reporting Systems from DCCEE to CER.
 
Schedule 2        Amendment of Appropriation Act (No. 2) 2011-2012
(Clause 4)
[1]       Schedule 2, Climate Change and Energy Efficiency portfolio, Department of Climate Change and Energy Efficiency table, alongside “Equity Injections” under the heading “Total”
omit
1,340
insert
  840
[2]       Schedule 2, Climate Change and Energy Efficiency portfolio, after the Department of Climate Change and Energy Efficiency table
 
Omit the notes, insert
Note 1: The table has been amended by determinations under the Financial Management and Accountability Act 1997. That determination has amended only the actual appropriation items:
(a)           for other departmental items, the actual appropriation item is the amount in relation to an agency opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years’ Outputs”; and
(b)           for administered items, the actual appropriation item is the amount set out opposite an Outcome of an agency under the heading “New Administered Outcomes”; and
No other amounts in the table have been amended.
Note 3: Financial Management and Accountability Act 1997 Determination 2012/13 — Section 32 (Transfer of Functions from DCCEE to CER) amended the amount alongside Equity Injections under the heading “Total”, to transfer an amount from the Department of Climate Change and Energy Efficiency to the Clean Energy Regulator due to a government decision to transfer functions regarding the administration of the carbon pricing mechanism, Renewable Energy Target, Carbon Farming Initiative and the National Greenhouse and Energy Reporting Systems from DCCEE to CER.
[3]       Schedule 2, Climate Change and Energy Efficiency portfolio, Clean Energy Regulator table, alongside “Equity Injections” under the heading “Total”
omit
3,000
insert
3,500
 
[4]       Schedule 2, Climate Change and Energy Efficiency portfolio, after the Clean Energy Regulator table
 
Omit the notes, insert
Note 1: The table has been amended by determinations under the Financial Management and Accountability Act 1997. That determination has amended only the actual appropriation items:
(a)           for other departmental items, the actual appropriation item is the amount in relation to an agency opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years’ Outputs”; and
(b)           for administered items, the actual appropriation item is the amount set out opposite an Outcome of an agency under the heading “New Administered Outcomes”; and
No other amounts in the table have been amended.
Note 2:  Financial Management and Accountability Act 1997 Determination 2012/12 – Section 32 (Transfer of Functions from ORER to CER) inserted this table for the newly established Clean Energy Regulator (CER), as functions for administering and regulating the national renewable energy target scheme to encourage increased renewable electricity generation were transferred from the Office of the Renewable Energy Regulator to CER due to a government decision.
Note 3: Financial Management and Accountability Act 1997 Determination 2012/13 — Section 32 (Transfer of Functions from DCCEE to CER) amended the amount alongside Equity Injections under the heading “Total”, due to a government decision to transfer functions regarding the administration of the carbon pricing mechanism, Renewable Energy Target, Carbon Farming Initiative and the National Greenhouse and Energy Reporting Systems from DCCEE to CER.
 
 
 
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