Financial Management and Accountability Act 1997 Determination 2012/21 - Section 32 (Transfer of Functions from ORER to CER)

Link to law: https://www.comlaw.gov.au/Details/F2012L01327

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Financial Management and Accountability Act 1997 Determination 2012/21 – Section 32 (Transfer of Functions from ORER to CER)
Financial Management and Accountability Act 1997
I, PETER GIBSON, Acting 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 that administer and regulate the national renewable energy target scheme to encourage increased renewable electricity generation from the Office of the Renewable Energy Regulator to the Clean Energy Regulator.
Dated 19 June 2012
PETER GIBSON
Acting 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 2012/21 – Section 32 (Transfer of Functions from ORER 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)       “ORER” – refers to the Office of the Renewable Energy Regulator; and
(b)       “CER” – refers to the Clean Energy Regulator
Note 3: Functions for administering and regulating the national renewable energy target scheme to encourage increased renewable electricity generation were transferred from ORER to CER due to a government decision.
2              Commencement
This Determination commences on the day on which it is made.
3              Amendment of Appropriation Act (No. 1) 2010-2011
Schedule 1 amends Appropriation Act (No. 1) 2010-2011 to reduce an amount of $1,705,843.83 from the departmental item for ORER.
4              Amendment of Appropriation Act (No. 1) 2011-2012
Schedule 2 amends Appropriation Act (No. 1) 2011-2012 to:
(a)       reduce the departmental item for ORER by $1,556,194.01;
(b)       increase the departmental item for CER by $3,262,037.84;
(c)       reduce the administered item alongside Outcome 1 for ORER by $1,038,506.93; and
(d)      increase the administered item alongside Outcome 1 for CER by $1,038,506.93.
5              Amendment of Appropriation Act (No. 2) 2011-2012
Schedule 3 amends Appropriation Act (No. 2) 2011-2012 to transfer an amount of $119,800.00 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) from ORER to “Equity Injections” for CER.
Schedule 1        Amendment of Appropriation Act (No. 1) 2010-2011
(Clause 3)
[1]          Schedule 1, Climate Change and Energy Efficiency portfolio, Office of the Renewable Energy Regulator table, alongside “Total: Office of the Renewable Energy Regulator” under the heading “Departmental”
omit
2,813
insert
1,107.15617
[2]          Schedule 1, Climate Change and Energy Efficiency portfolio, after the Office of the Renewable Energy Regulator table
insert
Note 1: The table has been amended by determinations under the Financial Management and Accountability Act 1997. Those determinations 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) amended the amount alongside “Total, Office of the Renewable Energy Regulator” under the heading “Departmental”, to transfer an amount to the newly established Clean Energy Regulator due to a government decision to transfer functions for administering and regulating the national renewable energy target scheme to encourage increased renewable electricity generation from ORER to CER.
Note 3: Financial Management and Accountability Act 1997 Determination 2012/21 — Section 32 (Transfer of Functions from ORER to CER) amended the amount alongside “Total, Office of the Renewable Energy Regulator” under the heading “Departmental”, to transfer an amount to the newly established Clean Energy Regulator due to a government decision to transfer functions for administering and regulating the national renewable energy target scheme to encourage increased renewable electricity generation from ORER to CER.
 
Schedule 2        Amendment of Appropriation Act (No. 1) 2011-2012
(Clause 4)
[1]       Schedule 1, Climate Change and Energy Efficiency portfolio, Office of the Renewable Energy Regulator table, alongside “Total: Office of the Renewable Energy Regulator” under the heading “Departmental”
omit
10,134
insert
8,577.80599
[2]       Schedule 1, Climate Change and Energy Efficiency portfolio, Office of the Renewable Energy Regulator table, alongside Outcome 1, under the heading “Administered”
omit
4,350
insert
3,311.49307
[3]          Schedule 1, Climate Change and Energy Efficiency portfolio, after the Office of the Renewable Energy Regulator table
insert
Note 1: The table has been amended by determinations under the Financial Management and Accountability Act 1997. Those determinations 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) amended two specific amounts:
(a)     The amount alongside “Total, Office of the Renewable Energy Regulator” under the heading “Departmental”, to transfer an amount to the newly established Clean Energy Regulator; and
(b)     The amount alongside “Outcome 1” of the Renewable Energy Regulator under the heading “Administered”, to transfer an amount to Outcome 1 of the Administered item to the newly established Clean Energy Regulator.
Due to a government decision 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 the Clean Energy Regulator.
Note 3: Financial Management and Accountability Act 1997 Determination 2012/21 — Section 32 (Transfer of Functions from ORER to CER) amended two specific amounts:
(a)     The amount alongside “Total, Office of the Renewable Energy Regulator” under the heading “Departmental”, to transfer an amount to the newly established Clean Energy Regulator; and
(b)     The amount alongside “Outcome 1” of the Renewable Energy Regulator under the heading “Administered”, to transfer an amount to Outcome 1 of the Administered item to the newly established Clean Energy Regulator.
Due to a government decision 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 the Clean Energy Regulator.
 
[4]       Schedule 1, Climate Change and Energy Efficiency portfolio, Clean Energy Regulator table
 
Omit the table and notes, insert the following table with accompanying headings and notes
 
Climate Change and Energy Efficiency PORTFOLIO
Appropriation (plain figures)—2011-2012
Actual Available Appropriation (italic figures)—2010-2011

 

 
Departmental
Administered
Total

 
$'000
$'000
$'000

CLEAN ENERGY REGULATOR
 
 
 

Outcome 1 ‑
Contribute to a reduction in Australia’s net greenhouse gas emissions, including through the administration of a carbon price on liable emissions intensive businesses and other entities; promoting additional renewable electricity generation; and land-based initiatives that support carbon abatement
 
 
 

9,000
3,038.50693
11,000

-
-
-

 
 
 
 

Total: Clean Energy Regulator
22,262.03784
2,000
11,000

-
-
-

Note 1: The table has been amended by determinations under the Financial Management and Accountability Act 1997. Those determinations 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.
Note 4: Financial Management and Accountability Act 1997 Determination 2012/21 – Section 32 (Transfer of Functions from ORER to CER) amended the amount alongside “Total, Clean Energy Regulator” under the heading “Departmental” and amended the amount alongside Outcome 1 under the heading “Administered” 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.
Schedule 3        Amendment of Appropriation Act (No. 2) 2011-2012
(Clause 5)
[1]       Schedule 2, Climate Change and Energy Efficiency portfolio, Office of the Renewable Energy Regulator table, total for Equity Injections
omit
1,071
insert
951.200
 
[2]       Schedule 2, Climate Change and Energy Efficiency portfolio, after the Office of the Renewable Energy Regulator table
insert
Note 1: The table has been amended by determinations under the Financial Management and Accountability Act 1997. Those determinations 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”.
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) amended the amount alongside Equity Injections under the heading “Total”, to transfer an amount from the Office of the Renewable Energy Regulator to the newly established Clean Energy Regulator.
Due to a government decision 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 the newly established Clean Energy Regulator.
Note 3: Financial Management and Accountability Act 1997 Determination 2012/21 — Section 32 (Transfer of Functions from ORER to CER) amended the amount alongside Equity Injections under the heading “Total”, due to a government decision to transfer functions regarding the administering and regulating of the national renewable energy target scheme to encourage increased renewable electricity generation were transferred from the Office of the Renewable Energy Regulator to CER.
[3]       Schedule 2, Climate Change and Energy Efficiency portfolio, Clean Energy Regulator table, total for Equity Injections
omit
3,500
insert
3,619.800
 
[4]       Schedule 2, Climate Change and Energy Efficiency portfolio, after the Clean Energy Regulator table
insert
Note 1:  The table has been amended by determinations under the Financial Management and Accountability Act 1997. Those determinations 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”.
                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.
Note 4:  Financial Management and Accountability Act 1997 Determination 2012/21 — Section 32 (Transfer of Functions from ORER to CER) amended the amount alongside Equity Injections under the heading “Total”, due to a government decision to transfer functions regarding the administering and regulating of the national renewable energy target scheme to encourage increased renewable electricity generation were transferred from the Office of the Renewable Energy Regulator to CER.