Document ID: chunk:federal_register_of_legislation:C2007A00166:clause:1_32
Version: federal_register_of_legislation:C2007A00166
Segment Type: clause
Provision Reference: sch 1 cl 32
Character Range: 8520–10308

32  Transfer of Agency functions

 (1) This section applies if a function of an Agency (the transferring Agency) is transferred to another Agency, either because the transferring Agency is abolished or for any other reason.

Adjustments to appropriations

 (2) The Finance Minister may determine that one or more Schedules to one or more Appropriation Acts are amended in a specified way. The amendment must be related to the transfer of function.

 (3) Each Appropriation Act concerned has effect as if the Schedule concerned were amended in accordance with the determination.

No change in overall appropriation

 (4) A determination under subsection (2) cannot result in a change in the total amount appropriated.

Transfer of function between Departments of the Parliament

 (5) If the transfer of function is between Departments of the Parliament, the Finance Minister must not make a determination under subsection (2) unless it is in accordance with a written recommendation of the Presiding Officers.

No extension of time limits

 (6) A determination under subsection (2) does not have the effect of extending any time limit that applies to an appropriation.

Legislative Instruments Act

 (7) A determination under subsection (2) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the determination.

 (8) Despite subsection 12(2) of the Legislative Instruments Act 2003, a determination under subsection (2) of this section may be expressed to take effect before the day it is registered under that Act (including before the day on which it is made).

 (9) Nothing in subsection (8) authorises expenditure under an appropriation that did not exist at the time of the expenditure.