Financial Management and Accountability Act 1997 Determination 2012/24 - Section 32 (Transfer of Functions from DCCEE to CER)

Link to law: https://www.comlaw.gov.au/Details/F2012L01528

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Financial Management and Accountability Act 1997 Determination 2012/24 – Section 32 (Transfer of Functions from DCCEE 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 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 27 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 2012/24 – 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 the day which it was made.
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 $12,805,947.00; and
(b)       increase the departmental item for CER by $12,805,947.00.
4              Amendment of Appropriation Act (No. 4) 2011-2012
Schedule 2 amends Appropriation Act (No. 4) 2011-2012 to reduce an amount of $18,977,930.49 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) from DCCEE.
5              Amendment of Appropriation Act (No. 2) 2009-2010
Schedule 3 amends Appropriation Act (No. 2) 2009-2010 to reduce an amount of $1,114,859.51 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) from DCCEE.
6              Amendment of Appropriation Act (No. 2) 2011-2012
Schedule 4 amends Appropriation Act (No. 2) 2011-2012 to increase an amount of $20,092,790.00 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) to 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
134,289
insert
121,483.053
[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.
Note 3: Financial Management and Accountability Act 1997 Determination 2012/24 — 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
22,262.03784
insert
35,067.98484
[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.
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.
Note 5: Financial Management and Accountability Act 1997 Determination 2012/24 — 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.
Schedule 2        Amendment of Appropriation Act (No. 4) 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
29,961
insert
10,983.06951
[2]       Schedule 2, Climate Change and Energy Efficiency portfolio, after the Department of Climate Change and Energy Efficiency table
 
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”.
No other amounts in the table have been amended.
Note 2: Financial Management and Accountability Act 1997 Determination 2012/24 — 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.
 
Schedule 3        Amendment of Appropriation Act (No. 2) 2009-2010
(Clause 5)
[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
54,525
insert
53,410.14049
 
[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 a Determination under section 32 of the FMA Act. 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 entity 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 entity under the heading “New Administered Expenses”; and
(c)           for State, ACT, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT and local government”; and
(d)           for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”.
No other amounts in the table have been amended.
Note 2: FMA Act Section 32 Determination 2010/07 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount from the Department of the Environment, Water, Heritage and the Arts.
Note 3: Financial Management and Accountability Act 1997 Determination 2012/24 — 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.
 
Schedule 4        Amendment of Appropriation Act (No. 2) 2011-2012
(Clause 6)
[1]       Schedule 2, Climate Change and Energy Efficiency portfolio, Clean Energy Regulator table, alongside “Equity Injections” under the heading “Total”
omit
3,619.800
insert
23,712.590
 
[2]       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 a Determination under section 32 of the FMA Act. 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 entity 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 entity under the heading “New Administered Expenses”; 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.
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.
Note 5: Financial Management and Accountability Act 1997 Determination 2012/24 — 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.