FMA Act Determination 2010/09 — Section 32 (Transfer of Functions from DEWHA to DCCEE)
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 energy efficiency functions from the Department of the Environment, Water, Heritage and the Arts to the Department of Climate Change and Energy Efficiency.
 
Dated 14 May 2010
Tim Youngberry
First Assistant Secretary
Financial Reporting and Cash Management Division
Department of Finance and Deregulation
 
  
  
1              Name of Determination
                This Determination is the FMA Act Determination 2010/09 — Section 32 (Transfer of Functions from DEWHA to DCCEE).
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 The appropriation Acts, as made, refer to the names of particular Departments. However, some of those references have changed due to the reorganisation of government functions.  Specifically, on 8 March 2010, the Administrative Arrangements Order renamed the then Department of Climate Change as the Department of Climate Change and Energy Efficiency.
Note 3 Acronyms and other organisational names used in this Determination are as follows:
(a)   “DEWHA” – refers to the Department of the Environment, Water, Heritage and the Arts.
(b)   “DCCEE” – refers to Department of Climate Change and Energy Efficiency.
2              Commencement
                This Determination is taken to have commenced on 30 April 2010.
Note   Under subsection 32(8) of the FMA Act, a Determination may be expressed to take effect before its making and registration under the Legislative Instruments Act 2003.
3              Amendment of Appropriation Act (No. 1) 2009‑2010
                Schedule 1 amends the Appropriation Act (No. 1) 2009‑2010 to transfer an amount of $354,957,256.92 of the administered item for Outcome 2 for the Department of the Environment, Water, Heritage and the Arts to the administered item for Outcome 1 for the Department of Climate Change and Energy Efficiency.
Note   The amount transferred relates to the funding of functions related to energy efficiency.
4              Amendment of Appropriation (Water Entitlements and Home Insulation) Act 2009‑2010
                Schedule 2 amends the Appropriation (Water Entitlements and Home Insulation) Act 2009‑2010 to transfer an amount of $218,806,346.03 of the administered item for Outcome 2 for the Department of the Environment, Water, Heritage and the Arts to the administered item for Outcome 1 for the Department of Climate Change and Energy Efficiency.
Note   The amount transferred relates to the funding of functions related to energy efficiency.
5              Amendment of Appropriation Act (No. 3) 2009‑2010
                Schedule 3 amends the Appropriation Act (No. 3) 2009‑2010 to transfer an amount of $397,521,000 of administered item for Outcome 2 for the Department of the Environment, Water, Heritage and the Arts to the administered item for Outcome 1 for the Department of Climate Change and Energy Efficiency.
Note   The amount transferred relates to the funding of functions related to energy efficiency.
6              Amendment of Appropriation Act (No. 4) 2009‑2010
                Schedule 4 amends the Appropriation Act (No. 4) 2009‑2010 to transfer an amount of $8,045,000 of the States, ACT, NT and local government item for Outcome 2 for the Department of the Environment, Water, Heritage and the Arts to the States, ACT, NT and local government item for Outcome 1 for the Department of Climate Change and Energy Efficiency.
Note   The amount transferred relates to the funding of functions related to energy efficiency.
 
Schedule 1        Amendment of Appropriation Act (No. 1) 2009‑2010
(Clause 3)  
[1]           Schedule 1, Environment, Water, Heritage and the Arts portfolio, Department of the Environment, Water, Heritage and the Arts table, Administered Expenses, Outcome 2
omit
2,143,169
insert
1,788,211.74308
[2]           Schedule 1, Environment, Water, Heritage and the Arts portfolio, after the Department of the Environment, Water, Heritage and the Arts table
insert the notes
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 departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and
(b)                 for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.
                     No other amounts in the table have been amended.
Note 2:          FMA Act Section 32 Determination 2010/07 amended the amount alongside Total: Department of the Environment, Water, Heritage and the Arts under the heading Departmental Outputs, to transfer an amount to the Department of Climate Change.
Note 3:          FMA Act Section 32 Determination 2010/09 amended the amount alongside Outcome 2 under the heading Administered Expenses, to transfer an amount to the Department of Climate Change and Energy Efficiency.
 
 [3]          Schedule 1, Prime Minister and Cabinet portfolio, Department of Climate Change table, Administered Expenses, Outcome 1
omit
245,541
insert
600,498.25692
[4]           Schedule 1, Prime Minister and Cabinet portfolio, after Department of Climate Change table
Insert the notes
Note 1:          The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:
(a)                 for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and
(b)                 for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.
                      No other amounts in the table have been inserted.
Note 2:          FMA Act Section 32 Determination 2010/07 amended the amount alongside Total: Department of Climate Change under the heading Departmental Outputs, to transfer an amount from the Department of the Environment, Water, Heritage and the Arts.
Note 3:          FMA Act Section 32 Determination 2010/09 amended the amount alongside Outcome 1 under the heading Administered Expenses, to transfer an amount from the Department of the Environment, Water, Heritage and the Arts.
 
 
Schedule 2        Amendment of Appropriation (Water Entitlements and Home Insulation) Act 2009‑2010
(Clause 4)  
[1]           Schedule 1, Environment, Water, Heritage and the Arts portfolio, Department of the Environment, Water, Heritage and the Arts table, Administered Expenses, Outcome 2
omit
695,780
insert
476,973.65397
[2]           Schedule 1, Environment, Water, Heritage and the Arts portfolio, after the Department of the Environment, Water, Heritage and the Arts table
insert the notes
Note 1:          The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:
(a)                 for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and
(b)                 for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.
                      No other amounts in the table have been inserted.
Note 2:          FMA Act Section 32 Determination 2010/09 amended the amount alongside Outcome 2 under the heading Administered Expenses, to transfer an amount to the Department of Climate Change and Energy Efficiency.
 
[3]           Schedule 1, before the Environment, Water, Heritage and the Arts Portfolio Summary Table
insert
CLIMATE CHANGE AND ENERGY EFFICIENCY PORTFOLIO
Supplementary Appropriation (bold figures)—2009‑2010
Budget Appropriation (italic figures)—2009‑2010
Actual Available Appropriation (light figures)—2008‑2009

 

 
Departmental
Outputs
Administered
Expenses
 
Total

 
$'000
$'000
$'000

DEPARTMENT OF CLIMATE CHANGE AND ENERGY EFFICIENCY
 
 
 

Outcome 1 ‑
Reduction of Australia’s greenhouse gas emissions, adaptation to the impacts of climate change, and negotiation of an effective global solution, through the development and implementation of a national response to climate change; and bilateral, regional and multilateral engagement internationally
 
 
 

 
218,806
 

 
 
 

 
 
 

 
 
 
 

 
 
 
 

Total: Department of Climate Change and Energy Efficiency
 
 
 

Note 1:          This table has been inserted by FMA section 32 Determination 2010/09. That determination has inserted only the actual appropriation items:
(a)                 for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and
(b)                 for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.
                      No other amounts in the table have been amended.
 
 
 
 
 
 
 
Schedule 3        Amendment of Appropriation Act (No. 3) 2009‑2010
(Clause 5)  
[1]           Schedule 1, Environment, Water, Heritage and the Arts portfolio, Department of the Environment, Water, Heritage and the Arts table, Administered Expenses, Outcome 2
omit
397,521
insert
‑
[2]           Schedule 1, Environment, Water, Heritage and the Arts portfolio, after the Department of the Environment, Water, Heritage and the Arts table
insert the notes
Note 1:          The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:
(a)                 for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and
(b)                 for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.
                      No other amounts in the table have been inserted.
Note 2:          FMA Act Section 32 Determination 2010/09 amended the amount alongside Outcome 2 under the heading Administered Expenses, to transfer an amount to the Department of Climate Change and Energy Efficiency.
 
 
 
 
[3]           Schedule 1, Prime Minister and Cabinet portfolio, Department of Climate Change table, Administered Expenses, Outcome 1
omit
‑
insert
397,521
[4]           Schedule 1, Prime Minister and Cabinet portfolio, after Department of Climate Change table
Insert the notes
Note 1:          The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:
(a)                 for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and
(b)                 for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.
                      No other amounts in the table have been inserted.
Note 2:          FMA Act Section 32 Determination 2010/09 amended the amount alongside Outcome 1 under the heading Administered Expenses, to transfer an amount from the Department of the Environment, Water, Heritage and the Arts.
 
 
 
 
 
 
 
 
 
 
Schedule 4        Amendment of Appropriation Act (No. 4) 2009‑2010
(Clause 6)  
[1]           Schedule 2, Environment, Water, Heritage and the Arts portfolio, Department of the Environment, Water, Heritage and the Arts table, Payments to States, ACT, NT and local government, Outcome 2
omit
35,670
insert
27,625
[2]           Schedule 2, Environment, Water, Heritage and the Arts portfolio, after the Department of the Environment, Water, Heritage and the Arts table
insert the notes
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 States, 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 2010/09 amended the amount alongside Outcome 2, under the heading Payments to States, ACT, NT and local government to transfer an amount to the Department of Climate Change and Energy Efficiency.
 
[3]           Schedule 2, before the Environment, Water, Heritage and the Arts Portfolio Summary Table
insert
CLIMATE CHANGE AND ENERGY EFFICIENCY PORTFOLIO
Additional Appropriation (bold figures)—2009‑2010
Budget Appropriation (italic figures)—2009‑2010
Actual Available Appropriation (light figures)—2008‑2009

 

 
Payments to
States, ACT,
NT and local
government
 
New
Administered
Expenses
 
 
 
Total

 
$'000
$'000
$'000

DEPARTMENT OF CLIMATE CHANGE AND ENERGY EFFICIENCY
 
 
 

Operating
 
 
 

Outcome 1 ‑
Reduction of Australia’s greenhouse gas emissions, adaptation to the impacts of climate change, and negotiation of an effective global solution, through the development and implementation of a national response to climate change; and bilateral, regional and multilateral engagement internationally
 
 
 

8,045
 
 

 
 
 

 
 
 

 
 
 
 

Total: Department of Climate Change and Energy Efficiency
 
 
 

Note 1:          This table has been inserted by FMA section 32 Determination 2010/09. That determination has inserted 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 States, 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.