{"id":"F2008L01965","name":"Financial Management and Accountability Act 1997 Determination 2008/26 - Section 32 (Transfer of Functions from the former DCITA to DBCDE)","slug":"financial-management-and-accountability-act-1997-determination-2008-26-section-32-transfer-of-functi","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":74215,"registerId":"commonwealth-F2008L01965-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Determination","content":"1 Name of Determination\n\nThis Determination is the FMA Act Determination 2008/26 — Section 32 (Transfer of Functions from the former DCITA to DBCDE).\n\n> 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: see sections 53 and 62 of the FMA Act.\n\n> 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 on 3 December 2007. The relevant changes are:\n\n> Note: (a) the Broadband, Communications and the Digital Economy portfolio was established; and\n\n> Note: (b) the Department of Broadband, Communications and the Digital Economy was established; and\n\n> Note: (c) the Communications, Information Technology and the Arts portfolio was abolished; and\n\n> Note: (d) the Department of Communications, Information Technology and the Arts was abolished.\n\n> Note 3 Acronyms and other organisational names used in this Determination are as follows:\n\n> Note: (a) “DBCDE” – refers to the Department of Broadband, Communications and the Digital Economy.\n\n> Note: (b) “DCITA” – refers to the Department of Communications, Information Technology and the Arts.\n\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\n\nThis Determination is taken to have commenced on 3 December 2007.\n\n> 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.\n\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Amendment of Appropriation Act (No. 4) 2003-2004","content":"3 Amendment of Appropriation Act (No. 4) 2003-2004\n\n","sortOrder":2},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"amends the Appropriation Act (No. 4) 2003-2004 to transfer an amount of $250,000.00 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) from the former Department of Communications, Information Technology and the Arts to the Equity Injections for the Department of Broadband, Communications and the Digital Economy.","content":"Schedule 1 amends the Appropriation Act (No. 4) 2003-2004 to transfer an amount of $250,000.00 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) from the former Department of Communications, Information Technology and the Arts to the Equity Injections for the Department of Broadband, Communications and the Digital Economy.\n\n> Note The amount transferred relates to the transfer of broadband, postal telecommunications, spectrum policy management, broadcasting policy, digital economy and information economy related functions.\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Amendment of Appropriation Act (No. 1) 2004\\-2005","content":"4 Amendment of Appropriation Act (No. 1) 2004\\-2005\n\n","sortOrder":4},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"amends the Appropriation Act (No. 1) 2004\\-2005 to transfer an amount of $40,442,592.93 of the departmental item for the former Department of Communications, Information Technology and the Arts to the departmental item for the Department of Broadband, Communications and the Digital Economy.","content":"Schedule 2 amends the Appropriation Act (No. 1) 2004\\-2005 to transfer an amount of $40,442,592.93 of the departmental item for the former Department of Communications, Information Technology and the Arts to the departmental item for the Department of Broadband, Communications and the Digital Economy.\n\n> Note The amount transferred relates to the transfer of broadband, postal telecommunications, spectrum policy management, broadcasting policy, digital economy and information economy related functions.\n\n> Note: 5 Amendment of Appropriation Act (No. 2) 2004-2005\n\n","sortOrder":5},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"amends the Appropriation Act (No. 2) 2004-2005 to transfer an amount of $8,032.00 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) from the former Department of Communications, Information Technology and the Arts to the Equity Injections for the Department of Broadband, Communications and the Digital Economy.","content":"Schedule 3 amends the Appropriation Act (No. 2) 2004-2005 to transfer an amount of $8,032.00 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) from the former Department of Communications, Information Technology and the Arts to the Equity Injections for the Department of Broadband, Communications and the Digital Economy.\n\n> Note The amount transferred relates to the transfer of broadband, postal telecommunications, spectrum policy management, broadcasting policy, digital economy and information economy related functions.\n\n> Note: 6 Amendment of Appropriation Act (No. 3) 2005-2006\n\n","sortOrder":6},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"amends the Appropriation Act (No. 3) 2005-2006 to transfer an amount of $1,980,000.00 of the departmental item for the former Department of Communications, Information Technology and the Arts to the departmental item for the Department of Broadband, Communications and the Digital Economy.","content":"Schedule 4 amends the Appropriation Act (No. 3) 2005-2006 to transfer an amount of $1,980,000.00 of the departmental item for the former Department of Communications, Information Technology and the Arts to the departmental item for the Department of Broadband, Communications and the Digital Economy.\n\n> Note The amount transferred relates to the transfer of broadband, postal telecommunications, spectrum policy management, broadcasting policy, digital economy and information economy related functions.\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Amendment of Appropriation Act (No. 4) 2005-2006","content":"7 Amendment of Appropriation Act (No. 4) 2005-2006\n\n","sortOrder":8},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"amends the Appropriation Act (No. 4) 2005-2006 to transfer an amount of $171,296.09 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) from the former Department of Communications, Information Technology and the Arts to the Equity Injections for the Department of Broadband, Communications and the Digital Economy.","content":"Schedule 5 amends the Appropriation Act (No. 4) 2005-2006 to transfer an amount of $171,296.09 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) from the former Department of Communications, Information Technology and the Arts to the Equity Injections for the Department of Broadband, Communications and the Digital Economy.\n\n> Note The amount transferred relates to the transfer of broadband, postal telecommunications, spectrum policy management, broadcasting policy, digital economy and information economy related functions.\n\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Amendment of Appropriation (Regional Telecommunications Services) Act 2005-2006","content":"8 Amendment of Appropriation (Regional Telecommunications Services) Act 2005-2006\n\n","sortOrder":10},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"amends the Appropriation (Regional Telecommunications Services) Act 2005-2006 to transfer an amount of $3,459,000.00 of the departmental item for the former Department of Communications, Information Technology and the Arts to the departmental item for the Department of Broadband, Communications and the Digital Economy.","content":"Schedule 6 amends the Appropriation (Regional Telecommunications Services) Act 2005-2006 to transfer an amount of $3,459,000.00 of the departmental item for the former Department of Communications, Information Technology and the Arts to the departmental item for the Department of Broadband, Communications and the Digital Economy.\n\n> Note The amount transferred relates to the transfer of broadband, postal telecommunications, spectrum policy management, broadcasting policy, digital economy and information economy related functions.\n\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Amendment of Appropriation Act (No. 1) 2006-2007","content":"9 Amendment of Appropriation Act (No. 1) 2006-2007\n\n","sortOrder":12},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"amends the Appropriation Act (No. 1) 2006-2007 to transfer an amount of $17,293,469.62 of the departmental item for the former Department of Communications, Information Technology and the Arts to the departmental item for the Department of Broadband, Communications and the Digital Economy.","content":"Schedule 7 amends the Appropriation Act (No. 1) 2006-2007 to transfer an amount of $17,293,469.62 of the departmental item for the former Department of Communications, Information Technology and the Arts to the departmental item for the Department of Broadband, Communications and the Digital Economy.\n\n> Note The amount transferred relates to the transfer of broadband, postal telecommunications, spectrum policy management, broadcasting policy, digital economy and information economy related functions.\n\n","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Amendment of Appropriation Act (No. 3) 2006-2007","content":"10 Amendment of Appropriation Act (No. 3) 2006-2007\n\n","sortOrder":14},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":"amends Appropriation Act (No. 3) 2006-2007 to transfer an amount of $10,977,000.00 of the departmental item for the former Department of Communications, Information Technology and the Arts to the departmental item for the Department of Broadband, Communications and the Digital Economy.","content":"Schedule 8 amends Appropriation Act (No. 3) 2006-2007 to transfer an amount of $10,977,000.00 of the departmental item for the former Department of Communications, Information Technology and the Arts to the departmental item for the Department of Broadband, Communications and the Digital Economy.\n\n> Note The amount transferred relates to the transfer of broadband, postal telecommunications, spectrum policy management, broadcasting policy, digital economy and information economy related functions.\n\n","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Amendment of Appropriation Act (No. 4) 2006-2007","content":"11 Amendment of Appropriation Act (No. 4) 2006-2007\n\n","sortOrder":16},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":"amends Appropriation Act (No. 4) 2006-2007 to transfer an amount of $83,029.67 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) from the former Department of Communications, Information Technology and the Arts to the Equity Injections for the Department of Broadband, Communications and the Digital Economy.","content":"Schedule 9 amends Appropriation Act (No. 4) 2006-2007 to transfer an amount of $83,029.67 of “Equity Injections” (an other departmental item defined in Section 3 of that Act) from the former Department of Communications, Information Technology and the Arts to the Equity Injections for the Department of Broadband, Communications and the Digital Economy.\n\n> Note The amount transferred relates to the transfer of broadband, postal telecommunications, spectrum policy management, broadcasting policy, digital economy and information economy related functions.\n\n","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Revocation of Previous Instrument","content":"12 Revocation of Previous Instrument\n\nThis Determination revokes and replaces the Financial Management and Accountability Act 1997 Determination 2007/11 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of Broadband, Communications and the Digital Economy) made on 21 December 2007.\n\n","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Savings","content":"13 Savings\n\n(a) Nothing in clause 12 affects the validity of anything done under the Financial Management and Accountability Act 1997 Determination 2007/11 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of Broadband, Communications and the Digital Economy).\n\n(b) Nothing in this Determination affects the validity of expenditure under an appropriation that existed at the time of the expenditure\n\nSchedule 1 Amendment of Appropriation Act \n(No. 4) 2003-2004\n\n(section 3)\n\n\\[1\\] Schedule 2, Communications, Information Technology and the Arts portfolio, Department of Communications, Information Technology and the Arts table, Equity Injections\n\nomit\n\n\\[2\\] Schedule 2, Communications, Information Technology and the Arts portfolio, after the Department of Communications, Information Technology and the Arts table\n\n> 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:\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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”.\n\n> Note 2: FMA Act Determination 2008/26 amended the amount alongside Equity Injections, under the heading Total, to transfer amounts to the Department of Broadband, Communications and the Digital Economy.\n\n\\[3\\] Schedule 2, Attorney-General’s portfolio, after the Office of Parliamentary Counsel table\n\nAdditional Appropriation (bold figures) — 2003‑2004\n\n

Specific

Payments to

New

the States and

Administered

Territories

Expenses

Total

$'000

$'000

$'000

DEPARTMENT OF BROADBAND, COMUNICATIONS AND THE DIGITAL ECONOMY

Non‑operating

Equity Injections

250

Total: Department of Broadband, Communications and the Digital

‑

‑

Economy

‑

\n```\n\n> 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:\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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”.\n\n> Note 2: FMA Act Determination 2008/26 inserted the amount alongside Equity Injections, under the heading Total, to transfer amounts from the former Department of Communications, Information Technology and the Arts.\n\nSchedule 2 Amendment of Appropriation Act \n(No. 1) 2004-2005\n\n(section 4)\n\n\\[1\\] Schedule 1, Communications, Information Technology and the Arts portfolio, Department of Communications, Information Technology and the Arts table, total for Department of Communications, Information Technology and the Arts, Departmental Outputs\n\nomit\n\n104,960\n\n64,517.40707\n\n\\[2\\] Schedule 1, Communications, Information Technology and the Arts portfolio, after the Department of Communications, Information Technology and the Arts table\n\n> 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:\n\n> Note: (a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and\n\n> Note: (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.\n\n> Note 2: FMA Act Determination 2008/26 amended the amount alongside Total: Department of Communications, Information Technology and the Arts, under the heading Departmental Outputs, to transfer an amount to the Department of Broadband, Communications and the Digital Economy.\n\n \n\n> Note: \\[3\\] Schedule 1, Attorney-General’s portfolio, after the Office of the Privacy Commissioner table\n\nAppropriation (plain figures)—2004‑2005\n\n

Departmental

Administered

Outputs

Expenses

Total

$'000

$'000

$'000

DEPARTMENT OF BROADBAND, COMMUNICATIONS AND THE DIGITAL ECONOMY

Outcome 1 ‑

Development of services and provision of a

regulatory environment which encourages a sustainable and effective communications sector for the benefit of all Australians and an internationally competitive information economy and Information and Communications Technology industry

Total: Department of Broadband,

40,442.59293

Communications and the Digital Economy

\n```\n\n> 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:\n\n> Note: (a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and\n\n> Note: (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.\n\n> Note 2: FMA Act Determination 2008/26 inserted the amount alongside Total: Department of Broadband, Communications and the Digital Economy, under the heading Departmental Outputs, to transfer an amount from the former Department of Communications, Information Technology and the Arts.\n\nSchedule 3 Amendment of Appropriation Act \n(No. 2) 2004-2005\n\n(section 5)\n\n\\[1\\] Schedule 2, Communications, Information Technology and the Arts portfolio, Department of Communications, Information Technology and the Arts table, Equity Injections\n\nomit\n\n2.968\n\n\\[2\\] Schedule 2, Communications, Information Technology and the Arts portfolio, after the Department of Communications, Information Technology and the Arts table\n\n> 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:\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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”.\n\n> Note 2: FMA Act Determination 2008/26 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount to the Department of Broadband, Communications and the Digital Economy.\n\n\\[3\\] Schedule 2, Attorney-General’s portfolio, after the Office of Parliamentary Counsel table\n\nBroadband, communications and the digital economy\n\nAppropriation (plain figures)—2004‑2005\n\n

Specific

Payments to

New

the States and

Administered

Territories

Expenses

Total

$'000

$'000

$'000

DEPARTMENT OF BROADBAND, COMMUNICATIONS AND THE DIGITAL ECONOMY

Non‑operating

Equity Injections

8.032

Total: Department of Broadband

Communications and the Digital Economy

\n```\n\n> 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:\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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”.\n\n> Note 2: FMA Act Determination 2008/26 inserted the amount alongside Equity Injections, under the heading Total, to transfer an amount from the former Department of Communications, Information Technology and the Arts.\n\nSchedule 4 Amendment of Appropriation Act \n(No. 3) 2005-2006\n\n(section 6)\n\n\\[1\\] Schedule 1, Communications, Information Technology and the Arts portfolio, Department of Communications, Information Technology and the Arts table, total for Department of Communications, Information Technology and the Arts, Departmental Outputs\n\nomit\n\n1,980\n\n\\-\n\n\\[2\\] Schedule 1, Communications, Information Technology and the Arts portfolio, after the Department of Communications, Information Technology and the Arts table\n\n> 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:\n\n> Note: (a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and\n\n> Note: (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.\n\n> Note 2: FMA Act Determination 2008/26 amended the amount alongside Total: Department of Communications, Information Technology and the Arts, under the heading Departmental Outputs, to transfer an amount to the Department of Broadband, Communications and the Digital Economy.\n\n \n\n\\[3\\] Schedule 1, Attorney-General’s portfolio, after the Office of the Privacy Commissioner table\n\nbroadband, communications and the digital economy\n\nAdditional Appropriation (bold figures)—2005‑2006\n\n

Departmental

Administered

Outputs

Expenses

Total

$'000

$'000

$'000

DEPARTMENT OF BROADBAND, COMMUNICATIONS AND THE DIGITAL ECONOMY

Outcome 1 ‑

Development of services and provision of a

regulatory environment which encourages a sustainable and effective communications sector for the benefit of all Australians and an internationally competitive information economy and Information and Communications Technology industry

Total: Department of Broadband,

1,980

Communications and

the Digital Economy

\n```\n\n> 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:\n\n> Note: (a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and\n\n> Note: (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.\n\n> Note 2: FMA Act Determination 2008/26 inserted the amount alongside Total: Department of Broadband, Communications and the Digital Economy, under the heading Departmental Outputs, to transfer an amount from the former Department of Communications, Information Technology and the Arts.\n\nSchedule 5 Amendment of Appropriation Act \n(No. 4) 2005-2006\n\n(section 7)\n\n\\[1\\] Schedule 2, Communications, Information Technology and the Arts portfolio, Department of Communications, Information Technology and the Arts table, Equity Injections\n\nomit\n\n475.70391\n\n\\[2\\] Schedule 2, Communications, Information Technology and the Arts portfolio, after the Department of Communications, Information Technology and the Arts table\n\n> 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:\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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”.\n\n> Note 2: FMA Act Determination 2008/26 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount to the Department of Broadband, Communications and the Digital Economy.\n\n \n\n\\[3\\] Schedule 2, Attorney-General’s portfolio, after the Office of Film and Literature Classification table\n\nAdditional Appropriation (bold figures)—2005‑2006\n\n

Specific

Payments to

New

the States and

Administered

Territories

Expenses

Total

$'000

$'000

$'000

DEPARTMENT OF BROADBAND, COMMUNICATIONS AND THE DIGITAL ECONOMY

Non‑operating

Equity Injections

171.29609

Total: Department of Broadband,

‑

‑

Communications and the

Digital Economy

\n```\n\n> 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:\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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”.\n\n> Note 2: FMA Act Determination 2008/26 inserted the amount alongside Equity Injections, under the heading Total, to transfer an amount from the former Department of Communications, Information Technology and the Arts.\n\nSchedule 6 Amendment of Appropriation (Regional Telecommunications Services) Act \n2005-2006\n\n(section 8)\n\n\\[1\\] Schedule 1, Communications, Information Technology and the Arts portfolio, Department of Communications, Information Technology and the Arts table, total for Department of Communications, Information Technology and the Arts, Departmental Outputs\n\nomit\n\n3,459\n\n\\-\n\n\\[2\\] Schedule 1, Communications, Information Technology and the Arts portfolio, after the Department of Communications, Information Technology and the Arts table\n\n> 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:\n\n> Note: (a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and\n\n> Note: (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.\n\n> Note 2: FMA Act Determination 2008/26 amended the amount alongside Total: Department of Communications, Information Technology and the Arts, under the heading Departmental Outputs, to transfer an amount to the Department of Broadband, Communications and the Digital Economy.\n\n \n\n\\[3\\] Schedule 1, Services for which money is appropriated, after the SUMMARY table\n\nSupplementary Appropriation (bold figures) — 2005‑2006\n\n

Departmental

Administered

Outputs

Expenses

Total

$'000

$'000

$'000

DEPARTMENT OF BROADBAND, COMMUNICATIONS AND THE DIGITAL ECONOMY

Outcome 1 ‑

Development of services and provision of a

regulatory environment which encourages a sustainable and effective communications sector for the benefit of all Australians and an internationally competitive information economy and Information and Communications Technology industry

Total: Department of Broadband,

3,459

Communications and the

Digital Economy

114,340

380,854

495,194

\n```\n\n> 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:\n\n> Note: (a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and\n\n> Note: (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.\n\n> Note 2: FMA Act Determination 2008/26 inserted the amount alongside Total: Department of Broadband, Communications and the Digital Economy, under the heading Departmental Outputs, to transfer an amount from the former Department of Communications, Information Technology and the Arts.\n\nSchedule 7 Amendment of Appropriation Act \n(No. 1) 2006\\-2007\n\n(section 9)\n\n\\[1\\] Schedule 1, Communications, Information Technology and the Arts portfolio, Department of Communications, Information Technology and the Arts table, total for Department of Communications, Information Technology and the Arts, Departmental Outputs\n\nomit\n\n135,449\n\n118,155.53038\n\n\\[2\\] Schedule 1, Communications, Information Technology and the Arts portfolio, after the Department of Communications, Information Technology and the Arts table\n\n> 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:\n\n> Note: (a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and\n\n> Note: (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.\n\n> Note 2: FMA Act Section 32 Determination 2008/18 amended the amount alongside Outcome 3, under the heading Administered Expenses, to transfer an amount to the Department of Broadband, Communications and the Digital Economy.\n\n> Note 3: FMA Act Determination 2008/26 amended the amount alongside Total: Department of Communications, Information Technology and the Arts, under the heading Departmental Outputs, to transfer an amount to the Department of Broadband, Communications and the Digital Economy.\n\n\\[3\\] Schedule 1, Broadband, Communications and the Digital Economy portfolio, Department of Broadband, Communications and the Digital Economy table, total for Department of Broadband, Communications and the Digital Economy, Departmental Outputs\n\n17,293.46962\n\n\\[4\\] Schedule 1, Broadband, Communications and the Digital Economy portfolio, after the Department of Broadband, Communications and the Digital Economy table\n\n> 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:\n\n> Note: (a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and\n\n> Note: (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.\n\n> Note 2: \n> \n> > Note: FMA Act Section 32 Determination 2008/18\n> \n> inserted the amount alongside Outcome 1, under the heading Administered Expenses, to transfer an amount from the former Department of Communications, Information Technology and the Arts.\n\n> Note 3: FMA Act Determination 2008/26 inserted the amount alongside Total: Department of Broadband, Communications and the Digital Economy, under the heading Departmental Outputs, to transfer an amount from the former Department of Communications, Information Technology and the Arts.\n\nSchedule 8 Amendment of Appropriation Act \n(No. 3) 2006\\-2007\n\n(section 10)\n\n\\[1\\] Schedule 1, Communications, Information Technology and the Arts portfolio, Department of Communications, Information Technology and the Arts table, total for Department of Communications, Information Technology and the Arts, Departmental Outputs\n\nomit\n\n10,977\n\n\\-\n\n\\[2\\] Schedule 1, Communications, Information Technology and the Arts portfolio, after the Department of Communications, Information Technology and the Arts table\n\n> 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:\n\n> Note: (a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and\n\n> Note: (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.\n\n> Note 2: FMA Act Section 32 Determination 2008/18 amended the amount alongside Outcome 3, under the heading Administered Expenses, to transfer an amount to the Department of Broadband, Communications and the Digital Economy.\n\n> Note 3: FMA Act Determination 2008/26 amended the amount alongside Total: Department of Communications, Information Technology and the Arts, under the heading Departmental Outputs, to transfer an amount to the Department of Broadband, Communications and the Digital Economy.\n\n\\[3\\] Schedule 1, Broadband, Communications and the Digital Economy portfolio, Department of Broadband, Communications and the Digital Economy table, total for Department of Broadband, Communications and the Digital Economy, Departmental Outputs\n\n10,977\n\n\\[4\\] Schedule 1, Broadband, Communications and the Digital Economy portfolio, after the Department of Broadband, Communications and the Digital Economy table\n\n> 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:\n\n> Note: (a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and\n\n> Note: (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.\n\n> Note 2: FMA Act Section 32 Determination 2008/18 inserted the amount alongside Outcome 1, under the heading Administered Expenses, to transfer an amount from the former Department of Communications, Information Technology and the Arts.\n\n> Note 3: FMA Act Determination 2008/26 inserted the amount alongside Total: Department of Broadband, Communications and the Digital Economy, under the heading Departmental Outputs, to transfer an amount from the former Department of Communications, Information Technology and the Arts.\n\nSchedule 9 Amendment of Appropriation Act \n(No. 4) 2006\\-2007\n\n(section 11)\n\n\\[1\\] Schedule 2, Communications, Information Technology and the Arts portfolio, Department of Communications, Information Technology and the Arts table, Equity Injections\n\nomit\n\n1,442\n\n1,358.97033\n\n\\[2\\] Schedule 2, Communications, Information Technology and the Arts portfolio, after the Department of Communications, Information Technology and the Arts table\n\n> 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:\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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”.\n\n> Note 2: FMA Act Determination 2008/26 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount to the Department of Broadband, Communications and the Digital Economy.\n\n \n\n\\[3\\] Schedule 2, Attorney-General’s portfolio, after the Office of the Privacy Commissioner table\n\n

BROADBAND, COMMUNICATIONS AND THE DIGITAL ECONOMY

PORTFOLIO

Additional Appropriation (bold figures)—2006‑2007

Payments to

States, ACT,

NT and local

government

New

Administered

Expenses

Total

$'000

$'000

$'000

DEPARTMENT OF BROADBAND, COMMUNICATIONS AND THE DIGITAL ECONOMY

Non‑operating

Equity Injections

83.02967

Total: Department of Broadband, Communications and the Digital Economy

\n```\n\n> 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:\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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\n\n> Note: (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”.\n\n> Note 2: FMA Act Determination 2008/26 inserted the amount alongside Equity Injections, under the heading Total, to transfer an amount from the former Department of Communications, Information Technology and the Arts.","sortOrder":19}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1997},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The determination remains strictly limited to its original purpose: transferring appropriated funds following machinery of government changes. It does not expand beyond reallocating existing budgets between the former DCITA and new DBCDE."},"complexity_factors":["Amends 9 separate Appropriation Acts across 4 financial years (2003-04 to 2006-07)","Technical appropriation categories requiring distinction between departmental items, administered items, and equity injections","Retrospective commencement (3 December 2007) with savings provisions to validate prior expenditure","Revokes and replaces previous Determination 2007/11 with specific savings clauses","Precise monetary allocations with multiple decimal places (e.g., $40,442,592.93)"],"plain_english_summary":"This instrument reassigns about $74 million in previously appropriated funds from the abolished Department of Communications, Information Technology and the Arts (DCITA) to the new Department of Broadband, Communications and the Digital Economy (DBCDE). Backdated to 3 December 2007 and replacing an earlier determination, it transfers departmental funding and small equity injections so DBCDE can legally carry out its new functions, while preserving prior valid expenditures."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument mechanically reallocates functions and associated appropriation items from DCITA to DBCDE to reflect an administrative reorganisation; it revokes the earlier s.32 Determination but does not expand substantive powers or introduce new programmatic functions (see clauses 1, 2, 3–11, 12–13)."},"complexity_factors":["Retrospective commencement to 3 December 2007 (clause 2)","Multiple numeric adjustments across several Appropriation Acts and financial years (clauses 3–11; Schedules 1–9) requiring precise accounting","Revocation of an earlier Determination combined with savings to preserve prior validity (clauses 12–13)","Detailed cross‑references and inserted/explanatory notes that tie transfers to appropriation headings and item definitions (see Notes throughout schedules)","Authority exercised by a delegate under FMA Act subsection 32(2) (covering administrative‑law/delegation chain)"],"plain_english_summary":"This Determination moves specified functions (broadband, postal, telecommunications, spectrum, broadcasting and digital/information‑economy roles) from the former Department of Communications, Information Technology and the Arts (DCITA) to the new Department of Broadband, Communications and the Digital Economy (DBCDE). It amends multiple Appropriation Acts to transfer precise funding and equity‑injection amounts to DBCDE, takes effect from 3 December 2007, and replaces an earlier section‑32 Determination while preserving prior actions and expenditure."}},"importantCases":[],"_links":{"self":"/api/acts/financial-management-and-accountability-act-1997-determination-2008-26-section-32-transfer-of-functi","history":"/api/acts/financial-management-and-accountability-act-1997-determination-2008-26-section-32-transfer-of-functi/history","analysis":"/api/acts/financial-management-and-accountability-act-1997-determination-2008-26-section-32-transfer-of-functi/analysis","conflicts":"/api/acts/financial-management-and-accountability-act-1997-determination-2008-26-section-32-transfer-of-functi/conflicts","importantCases":"/api/acts/financial-management-and-accountability-act-1997-determination-2008-26-section-32-transfer-of-functi/important-cases","documents":"/api/acts/financial-management-and-accountability-act-1997-determination-2008-26-section-32-transfer-of-functi/documents"}}