{"id":"F2009L02008","name":"Financial Management and Accountability Act 1997 Determination 2009/06 - Section 32 (Transfer of Functions from Environment to OPH)","slug":"financial-management-and-accountability-act-1997-determination-2009-06-section-32-transfer-of-functi","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":79245,"registerId":"commonwealth-F2009L02008-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Financial Management and Accountability Act 1997 Determination 2009/06 - Section 32 (Transfer of Functions from Environment to OPH)","content":"![](image.001.png)\n\nFMA Act Determination 2009/06 — Section 32 (Transfer of Functions from Environment to OPH)\n\nFinancial Management and Accountability Act 1997\n\nI, Tim Youngberry, Division Manager, 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).\n\nThis Determination is made due to the transfer of the funding of functions related to\n\nOld Parliament House from the Department of the Environment, Water, Heritage and\n\nthe Arts to Old Parliament House.\n\nDated 14 May 2009\n\nTim Youngberry\n\nDivision Manager\n\nFinancial Reporting and Cash Management Division\n\nDepartment of Finance and Deregulation\n\n1 Name of Determination\n\nThis Determination is the FMA Act Determination 2009/06 — Section 32 (Transfer of Functions from Environment to OPH).\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 \n> \n> > Note: Acronyms and other organisational names used in this Determination are as follows:\n\n> Note: (a) “Environment” – refers to the Department of the Environment, Water, Heritage and the Arts.\n\n> Note: (b) “OPH” – refers to Old Parliament House.\n\n2 Commencement\n\nThis Determination commences, or is taken to have commenced, as follows:\n\n(a) on 1 July 2008 — sections 1, 2, 3 and 5 and Schedules 1 and 3;\n\n(b) on 8 September 2008 — section 4 and Schedule 2.\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\n3 Amendment of Appropriation Act (No. 1) 2007–2008\n\nSchedule 1 amends the Appropriation Act (No. 1) 2007–2008 to transfer an amount of $2,095,958.00 of the administered item for Outcome 4 for the Department of the Environment, Water, Heritage and the Arts to the administered item for Outcome 1 for Old Parliament House.\n\n> Note: > Note\n> \n> \n> \n> > Note: The amount\n> \n> \n> \n> > Note: transferred relate\n> \n> > Note: s\n> \n> \n> \n> > Note: to the funding of func\n> \n> > Note: tions related to Old Parliament\n> \n> \n> \n> > Note: House\n> \n> .\n\n4 Amendment of Appropriation Act (No. 1) 2007–2008\n\nSchedule 2 amends the Appropriation Act (No. 1) 2007–2008 to transfer an amount of $2,566,000.00 of the departmental item for the Department of the Environment, Water, Heritage and the Arts to the departmental item for the Murray-Darling Basin Authority.\n\n> Note: > Note\n> \n> \n> \n> > Note: The amount transferred relates to the transfer of the managing water resources in the\n> \n> \n> \n> > Note: Murray-Darling function to the Murray-Darling Basin Authority\n> \n> .\n\n5 Amendment of Appropriation Act (No. 2) 2007–2008\n\nSchedule 3 amends the Appropriation Act (No. 2) 2007–2008 to transfer an amount of $62.59 of the administered assets and liabilities item from the Department of the Environment, Water, Heritage and the Arts to the administered assets and liabilities item for Old Parliament House.\n\n> Note: > Note\n> \n> \n> \n> > Note: The amount\n> \n> \n> \n> > Note: transferred relate\n> \n> > Note: s\n> \n> \n> \n> > Note: to the funding of func\n> \n> > Note: tions related to Old Parliament\n> \n> \n> \n> > Note: House\n> \n> .\n\nSchedule 1 Amendment of Appropriation Act (No. 1) 2007–2008 commencing on 1 July 2008\n\n(section 3)\n\n\\[1\\] Schedule 1, Environment and Water Resources portfolio, Department of the Environment and Water Resources table\n\nsubstitute\n\n```html\n

Environment and Water Resources PORTFOLIO

Appropriation (plain figures)—2007‑2008

Actual Available Appropriation (italic figures)—2006-2007

Departmental

Outputs

Administered

Expenses

Total

$'000

$'000

$'000

DEPARTMENT OF THE ENVIRONMENT AND WATER RESOURCES

Outcome 1 ‑

The environment, especially those aspects that are matters of national environmental significance, is protected and conserved

300,819

605,915.97314

984,948

244,329

542,269

786,598

Outcome 2 ‑

Australia’s interests in Antarctica are advanced

106,010

-

106,010

99,550

-

99,550

Outcome 3 ‑

More efficient and sustainable use of Australia’s water resources

91,861

21,482

113,343

-

-

-

Outcome 4 ‑

Development of a rich and stimulating cultural sector for all Australians

-

122,831.998

-

Total: Department of the Environment and Water Resources

501,899.64236

705,611

1,204,301

343,879

542,269

886,148

\n```\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: No other amounts in the table have been amended.\n\n> Note 2: FMA Act Section 32 Determination 2008/02 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 1, under the heading Administered Expenses, to transfer amounts to the Department of Climate Change.\n\n> Note 3: FMA Act Section 32 Determination 2008/33 inserted Outcome 4 and the amount alongside Outcome 4 under the heading Administered Expenses, to transfer an amount from the Department of Broadband, Communications and the Digital Economy.\n\n> Note 4: FMA Act Section 32 Determination 2008/39 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount to the Department of Climate Change.\n\n> Note 5: FMA Act Section 32 Determination 2008/40 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 4, under the heading Administered Expenses, to transfer amounts from the former Department of Communications, Information Technology and the Arts.\n\n> Note 6: FMA Act Section 32 Determination 2008/21 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 1, under the heading Administered Expenses, to transfer amounts to the Department of Resources, Energy and Tourism.\n\n> Note 7: FMA Act Section 32 Determination 2008/22 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount from the National Water Commission.\n\n> Note 8: FMA Act Section 32 Determination 2008/38 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount to the Department of Infrastructure, Transport, Regional Development and Local Government.\n\n> Note 9: FMA Act Section 32 Determination 2009/06 amended the amount alongside Outcome 4, under the heading Administered Expenses, to transfer an amount to Old Parliament House.\n\n\\[3\\] Schedule 1, Prime Minister and Cabinet portfolio, after the Office of the Official Secretary to the Governor-General table\n\ninsert\n\n```html\n

PRIME MINISTER AND CABINET PORTFOLIO

Appropriation (plain figures)—2007‑2008

Departmental

Outputs

Administered

Expenses

Total

$'000

$'000

$'000

OLD PARLIAMENT HOUSE

Outcome 1 ‑

Development of a rich and stimulating cultural sector for all Australians

2,095.958

Total: Old Parliament House

\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: No other amounts in the table have been inserted.\n\n> Note: > Note 2:\n> \n> \n> \n> > Note: FMA Act Section 32 Determination\n> \n> \n> \n> > Note: 2009/06\n> \n> \n> \n> > Note: inserted Outcome 1 and the amount alongside Outcome 1\n> \n> > Note: ,\n> \n> \n> \n> > Note: under the heading Administered Expenses, to transfer an amount from the Department of the Environment, Water, Heritage and the Arts.\n\nSchedule 2 Amendment of Appropriation Act (No. 1) 2007–2008 commencing on 8 September 2008\n\n(section 4)\n\n\\[1\\] Schedule 1, Environment and Water Resources portfolio, Department of the Environment and Water Resources table\n\nsubstitute\n\n```html\n

Environment and Water Resources PORTFOLIO

Appropriation (plain figures)—2007‑2008

Actual Available Appropriation (italic figures)—2006-2007

Departmental

Outputs

Administered

Expenses

Total

$'000

$'000

$'000

DEPARTMENT OF THE ENVIRONMENT AND WATER RESOURCES

Outcome 1 ‑

The environment, especially those aspects that are matters of national environmental significance, is protected and conserved

300,819

605,915.97314

984,948

244,329

542,269

786,598

Outcome 2 ‑

Australia’s interests in Antarctica are advanced

106,010

-

106,010

99,550

-

99,550

Outcome 3 ‑

More efficient and sustainable use of Australia’s water resources

91,861

21,482

113,343

-

-

-

Outcome 4 ‑

Development of a rich and stimulating cultural sector for all Australians

-

122,831.998

-

Total: Department of the Environment and Water Resources

499,333.64236

705,611

1,204,301

343,879

542,269

886,148

\n```\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: No other amounts in the table have been amended.\n\n> Note 2: FMA Act Section 32 Determination 2008/02 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 1, under the heading Administered Expenses, to transfer amounts to the Department of Climate Change.\n\n> Note 3: FMA Act Section 32 Determination 2008/33 inserted Outcome 4 and the amount alongside Outcome 4 under the heading Administered Expenses, to transfer an amount from the Department of Broadband, Communications and the Digital Economy.\n\n> Note 4: FMA Act Section 32 Determination 2008/39 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount to the Department of Climate Change.\n\n> Note 5: FMA Act Section 32 Determination 2008/40 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 4, under the heading Administered Expenses, to transfer amounts from the former Department of Communications, Information Technology and the Arts.\n\n> Note 6: FMA Act Section 32 Determination 2008/21 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, and the amount alongside Outcome 1, under the heading Administered Expenses, to transfer amounts to the Department of Resources, Energy and Tourism.\n\n> Note 7: FMA Act Section 32 Determination 2008/22 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount from the National Water Commission.\n\n> Note 8: FMA Act Section 32 Determination 2008/38 amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount to the Department of Infrastructure, Transport, Regional Development and Local Government.\n\n> Note 9: FMA Act Section 32 Determination 2009/06 amended the amount alongside Outcome 4, under the heading Administered Expenses, to transfer an amount to Old Parliament House.\n\n> Note: > Note\n> \n> \n> \n> > Note: 10\n> \n> > Note: :\n> \n> \n> \n> > Note: FMA Act Section 32 Determination 2008/66\n> \n> \n> \n> > Note: amended the amount alongside Total: Department of the Environment and Water Resources, under the heading Departmental Outputs, to transfer an amount to the Murray-Darling Basin Authority.\n\nSchedule 3 Amendment of Appropriation Act (No. 2) 2007–2008\n\n(section 5)\n\n\\[1\\] Schedule 2, Environment and Water Resources portfolio, Department of the Environment and Water Resources table, Administered Assets and Liabilities\n\nomit\n\n663.07543\n\ninsert\n\n663.01284\n\n\\[2\\] Schedule 2, Environment and Water Resources portfolio, after the Department of the Environment and Water Resources table\n\nomit the notes, insert\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: No other amounts in the table have been amended.\n\n> Note 2: FMA Act Section 32 Determination 2008/02 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount to the Department of Climate Change.\n\n> Note 3: FMA Act Section 32 Determination 2008/40 amended the amounts alongside Equity Injections and Administered Assets and Liabilities, under the heading Total, to transfer amounts from the former Department of Communications, Information Technology and the Arts.\n\n> Note: > Note 4:\n> \n> \n> \n> > Note: FMA Act Section 32 Determination 2008/67\n> \n> amended the amounts alongside Equity Injections and Administered Assets and Liabilities, under the heading Total, to transfer amounts \n> \n> > Note: to Old Parliament House.\n\n> Note: > Note 5:\n> \n> \n> \n> > Note: FMA Act Section 32 Determination\n> \n> \n> \n> > Note: 2009/06\n> \n> amended the amount alongside Administered Assets and Liabilities, under the heading Total, to transfer an amount \n> \n> > Note: to Old Parliament House.\n\n> Note: \\[3\\] Schedule 2, Prime Minister and Cabinet portfolio, Old Parliament House table, Administered Assets and Liabilities\n\nomit\n\n6,233.59734\n\ninsert\n\n6,233.65993\n\n\\[4\\] Schedule 2, Prime Minister and Cabinet portfolio, after the Old Parliament House 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 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: No other amounts in the table have been inserted.\n\n> Note 2: FMA Act Section 32 Determination 2008/67 inserted the amounts alongside \n> \n> > Note: Equity Injections and Administered Assets and Liabilities\n> \n> , \n> \n> > Note: under the heading Total,\n> \n> to transfer amounts from the Department of the Environment, Water, Heritage and the Arts.\n\n> Note 3: FMA Act Section 32 Determination 2009/06 amended the amount alongside \n> \n> > Note: Administered Assets and Liabilities\n> \n> , \n> \n> > Note: under the heading Total,\n> \n> to transfer an amount from the Department of the Environment, Water, Heritage and the Arts.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":3652},"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The determination performs exactly the financial transfers described in its title and explanatory material—reallocating specific budget amounts from the Environment Department to Old Parliament House and the Murray-Darling Basin Authority. No expansion beyond the stated purpose is evident."},"complexity_factors":["Retrospective commencement dates predating the instrument's making","Amendments to two separate Appropriation Acts (No. 1 and No. 2, 2007-2008)","Three distinct transfer types: administered expenses, departmental outputs, and administered assets/liabilities","Extensive HTML table markup with inline styling representing appropriation schedules","Nine cross-references to prior Section 32 determinations in explanatory notes"],"plain_english_summary":"This determination reallocates Parliament‑approved funds to match recent machinery‑of‑government changes so agencies now performing certain functions can access the related budgets. It reduces funding for the Department of Environment, Water, Heritage and the Arts while transferring resources to Old Parliament House (for cultural heritage) and to the Murray‑Darling Basin Authority (for water management).\n\nThe transfers — including multimillion‑dollar program and operational moves — take effect from 1 July and 8 September 2008."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Determination reallocates budget appropriations and adjusts administered asset amounts; it does not create new statutory functions or change the legal scope of agency responsibilities. It implements funding transfers arising from earlier administrative transfers of functions (see commencement and Schedules 1–3) and is therefore an appropriation‑line reallocation rather than a substantive change to program scope."},"complexity_factors":["Multiple modest transfers across several appropriation instruments (Appropriation Act No.1 and No.2 2007–08) and three schedules (Schedules 1–3).","Retroactive commencement dates for different parts (1 July 2008 and 8 September 2008) enabled by s.32(8) of the FMA Act.","Cross‑portfolio movement (Environment portfolio to Prime Minister & Cabinet portfolio/Old Parliament House and to Murray‑Darling Basin Authority).","Amendments implemented by substituting and inserting detailed appropriation tables (table structure edits rather than simple line items).","Very small numeric adjustments to administered assets/liabilities (requires precision and reconciliation).","Made by a delegate of the Secretary of Finance (administrative discretion in exercise of s.32(2)).","References to multiple prior s.32 determinations in explanatory notes, increasing tracing effort for audit/reconciliation."],"plain_english_summary":"This Determination amends 2007–08 appropriation schedules to move specific budget amounts and tiny administered‑asset entries from the Department of the Environment, Water, Heritage and the Arts to Old Parliament House and to the Murray‑Darling Basin Authority. It takes effect on 1 July 2008 or 8 September 2008 for different parts and is made under s.32 of the FMA Act by a delegate of the Secretary of Finance. Who pays: Commonwealth appropriation lines are reallocated between agencies; who decides: the Finance delegate."}},"importantCases":[],"_links":{"self":"/api/acts/financial-management-and-accountability-act-1997-determination-2009-06-section-32-transfer-of-functi","history":"/api/acts/financial-management-and-accountability-act-1997-determination-2009-06-section-32-transfer-of-functi/history","analysis":"/api/acts/financial-management-and-accountability-act-1997-determination-2009-06-section-32-transfer-of-functi/analysis","conflicts":"/api/acts/financial-management-and-accountability-act-1997-determination-2009-06-section-32-transfer-of-functi/conflicts","importantCases":"/api/acts/financial-management-and-accountability-act-1997-determination-2009-06-section-32-transfer-of-functi/important-cases","documents":"/api/acts/financial-management-and-accountability-act-1997-determination-2009-06-section-32-transfer-of-functi/documents"}}