{"id":"F2013L01730","name":"Financial Management and Accountability Act 1997 Determination 2013/07 – Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD)","slug":"financial-management-and-accountability-act-1997-determination-2013-07-section-32-transfer-of-functi","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":127787,"registerId":"commonwealth-F2013L01730-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Determination","content":"#### 1 Name of Determination\n\n This Determination is the FMA Act Determination 2013/07 — Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD)","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n This Determination commences on 20 September 2013.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Purpose","content":"#### 3 Purpose\n\n The purpose of this Determination is to adjust amounts appropriated to DRALGAS, AGD, Health and DIRD as an interim measure to support functions from DRALGAS being transferred to AGD, Health and DIRD, consistent with the Administrative Arrangements Order made on 18 September 2013. The further transfer of appropriations will occur in due course.\n\n> Note 1: This Determination has been made by a delegate of the Finance Minister (in accordance with section 62 of the FMA Act).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Amendment of Appropriation Acts","content":"#### 4 Amendment of Appropriation Acts\n\n Schedule 1 to the Appropriation Act (No. 1) 2013-2014 is amended as set out in Schedule 1 to this Determination.\n Schedule 2 to the Appropriation Act (No. 2) 2013-2014 is amended as set out in Schedule 2 to this Determination.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this Determination:\n\n> DRALGAS means the former Department of Regional Australia, Local Government, Arts and Sport.\n\n> AGD means the Attorney-General's Department.\n\n> Health means the Department of Health.\n\n> DIRD means the Department of Infrastructure and Regional Development.\n\n> FMA Act means the Financial Management and Accountability Act 1997.\n\nSchedule 1 Amendment of Appropriation Act (No. 1) 2013‑2014\n\n1 At the end of Schedule 1, after the note to Table 3 for FMA Act Determination 2013/06 – Section 32 (Transfer of Functions from DEEWR to Education and Employment)\n\nInsert:\n\n2 FMA Act Determination 2013/07 — Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD)\n\nSchedule 1 of this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).\n\nA new Outcome 2 is created for the Attorney-General’s Department, which is set out at Table 4. The Outcome text is identical to the text of Outcome 3 for the former Department of Regional Australia, Local Government, Arts and Sport.\n\nA new Outcome 15 is created for the Department of Health, which is set out at Table 5. The Outcome text is identical to the text of Outcome 4 for the former Department of Regional Australia, Local Government, Arts and Sport.\n\nA new Outcome 3 and Outcome 4 are created for the Department of Infrastructure and Regional Development, which are set out at Table 6. The text of the Outcomes is identical to the text of Outcome 1 and Outcome 2 for the former Department of Regional Australia, Local Government, Arts and Sport.\n\nAmendments to appropriations are as specified in Table 7. The appropriation item (listed in Column 1) for the Agency (listed in Column 2) is amended by the relevant amount (listed in Column 3). A positive amount in Column 3 is an increase in the appropriation and a negative amount is a decrease in the appropriation.\n\n```html\n

Table 4

Outcome 2 ‑

Participation in, and access to, Australia's arts and culture through developing and supporting cultural expression (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Regional Australia, Local Government, Arts and Sport as being activities in respect of Outcome 3 for that Department)

Departmental

Administered

Total

$’000

$’000

$’000

0

0

0

Table 5

Outcome 15 -

Improved opportunities for community participation in sport and recreation, and excellence in high-performance athletes, through initiatives to help protect the integrity of sport, investment in sport infrastructure, coordination of Commonwealth involvement in major sporting events, and research and international cooperation on sport issues (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Regional Australia, Local Government, Arts and Sport as being activities in respect of Outcome 4 for that Department)

Departmental

Administered

Total

$’000

$’000

$’000

0

0

0

\n```\n\nTable 6\n\n```html\n

Departmental

Administered

Total

Outcome 3 ‑

Strengthening the sustainability, capacity and diversity of regional economies including through facilitating local partnerships between all levels of government and local communities; and providing grants and financial assistance (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Regional Australia, Local Government, Arts and Sport as being activities in respect of Outcome 1 for that Department)

$’000

$’000

$’000

0

0

0

Outcome 4 ‑

Good governance in the Australian Territories through the maintenance and improvement of the overarching legislative framework for self-governing territories, and laws and services for non-self-governing territories (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Regional Australia, Local Government, Arts and Sport as being activities in respect of Outcome 2 for that Department)

0

0

0

\n```\n\nTable 7\n\n```html\n

Amendment of appropriations

Column 1

Column 2

Column 3

Item

Appropriation item

Agency

Amount
$’000

1

Administered item, Outcome 3

Department of Infrastructure and Regional Development

+68,000

2

Administered item, Outcome 1

Department of Regional Australia, Local Government, Arts and Sport

-68,000

3

Administered item, Outcome 4

Department of Infrastructure and Regional Development

+19,000

4

Administered item, Outcome 2

Department of Regional Australia, Local Government, Arts and Sport

-19,000

5

Administered item, Outcome 2

Attorney-General's Department

+33,000

6

Administered item, Outcome 3

Department of Regional Australia, Local Government, Arts and Sport

-33,000

7

Administered item, Outcome 15

Department of Health

+6,000

8

Administered item, Outcome 4

Department of Regional Australia, Local Government, Arts and Sport

-6,000

\n```\n\n> Note: Section 32 of the FMA Act enables the Finance Minister to determine that Schedules to Appropriation Acts are amended in relation to a transfer of functions between Agencies. A determination under section 32 of the FMA Act cannot result in a change to the total amount appropriated. FMA Act Determination 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) affects this Act in a specified way to result in no change to the total amount appropriated.\n\n> Note: Due to a change to the Administrative Arrangements Order on 18 September 2013, functions relating to arts were transferred from the former Department of Regional Australia, Local Government, Arts and Sport to the Attorney-General's Department, functions relating to sports and recreation were transferred to the Department of Health and functions relating to regional development were transferred to the Department of Infrastructure and Regional Development.\n\n2 Schedule 1, Attorney-General’s portfolio, after the Attorney\\-General’s Department table\n\nInsert:\n\n> Note 1: FMA Act Determination 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) created a new Outcome 2 for the Attorney General’s Department (AGD), which is set out in Table 4 at the end of Schedule 1 to this Act.\n\n> Note: Additionally, the Determination increased the administered item for Outcome 2 for AGD by the amount specified in Table 7 at the end of Schedule 1 to this Act.\n\n> Note: Due to a change to the Administrative Arrangements Order on 18 September 2013, functions relating to arts were transferred from the former Department of Regional Australia, Local Government, Arts and Sport to AGD.\n\n3 Schedule 1, Health and Ageing portfolio, after the Department of Health and Ageing table\n\nInsert:\n\n> Note 1: FMA Act Determination 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) created a new Outcome 15 for the Department of Health, which is set out in accordance with Table 5 at the end of Schedule 1 to this Act.\n\n> Note: Additionally, the Determination increased the administered item for Outcome 15 for the Department of Health in accordance with Table 7 at the end of Schedule 1 to this Act.\n\n> Note: Due to a change to the Administrative Arrangements Order on 18 September 2013, the Department of Health and Ageing was renamed the Department of Health and functions relating to sports and recreation were transferred from the former Department of Regional Australia, Local Government, Arts and Sport to the Department of Health.\n\n4 Schedule 1, Infrastructure and Transport portfolio, after the Department of Infrastructure and Transport table\n\nInsert:\n\n> Note 1: FMA Act Determination 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) created a new Outcome 3 and Outcome 4 for the Department of Infrastructure and Regional Development, which are set out in Table 6 at the end of Schedule 1 to this Act.\n\n> Note: Additionally, the Determination increased the administered items for Outcome 3 and Outcome 4 for the Department of Infrastructure and Regional Development by the amounts specified in Table 7 at the end of Schedule 1 to this Act.\n\n> Note: Due to a change to the Administrative Arrangements Order on 18 September 2013, the Department of Infrastructure and Transport was renamed the Department of Infrastructure and Regional Development and functions relating to regional development were transferred from the former Department of Regional Australia, Local Government, Arts and Sport to the Department of Infrastructure and Regional Development.\n\n5 Schedule 1, Regional Australia, Local Government, Arts and Sports portfolio, after the Department of Regional Australia, Local Government, Arts and Sports table\n\nInsert:\n\n> Note 1: FMA Act Determination 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) decreased the administered items for Outcome 1, Outcome 2, Outcome 3 and Outcome 4 for the Department of Regional Australia, Local Government, Arts and Sport (DRALGAS) by the amount specified in Table 7 at the end of Schedule 1 to this Act.\n\n> Note: Due to a change to the Administrative Arrangements Order on 18 September 2013, functions relating to arts were transferred from the former DRALGAS to the Attorney-General's Department, functions relating to sports and recreation were transferred to the Department of Health and functions relating to regional development were transferred to the Department of Infrastructure and Regional Development.\n\nSchedule 2 Amendment of Appropriation Act (No. 2) 2013‑2014\n\n1 Schedule 1—Payments to or for the States, ACT, NT and local government, after the “Department of Health and Ageing” row, and before the “Department of Infrastructure and Transport” row\n\nInsert on a new row\n\n| Department of Infrastructure and Regional Development | Strengthening the sustainability, capacity and diversity of regional economies including through facilitating local partnerships between all levels of government and local communities; and providing grants and financial assistance (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Regional Australia, Local Government, Arts and Sport as being activities in respect of Outcome 1 for that Department) | Minister for Infrastructure and Regional Development | Minister for Infrastructure and Regional Development |\n| ----------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------- | ---------------------------------------------------- |\n\n2 At the end of Schedule 2, after the note to Table 2 for FMA Act Determination 2013/06 – Section 32 (Transfer of Functions from DEEWR to Education and Employment)\n\nInsert:\n\n2 FMA Act Determination 2013/07 — Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD)\n\nSchedule 2 of this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).\n\nA new Outcome 3 is created for the Department of Infrastructure and Regional Development, which is set out at Table 3. The Outcome text is identical to the text of Outcome 1 for the former Department of Regional Australia, Local Government, Arts and Sport.\n\nAmendments to appropriations are as specified in Table 4. The appropriation item (listed in Column 1) for the Agency (listed in Column 2) is amended by the relevant amount (listed in Column 3). A positive amount in Column 3 is an increase in the appropriation and a negative amount is a decrease in the appropriation.\n\nTable 3\n\n```html\n

Payments to States, ACT, NT and local government

New Administered Outcomes

Total

Outcome 3 -

Strengthening the sustainability, capacity and diversity of regional economies including through facilitating local partnerships between all levels of government and local communities; and providing grants and financial assistance (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Regional Australia, Local Government, Arts and Sport as being activities in respect of Outcome 1 for that Department)

$‘000

$’000

$’000

0

0

0

\n```\n\nTable 4\n\n```html\n

Amendment of appropriations

Column 1

Column 2

Column 3

Item

Appropriation item

Agency

Amount $’000

1

State, ACT, NT and local government item, Outcome 3

Department of Infrastructure and Regional Development

+4,000

2

State, ACT, NT and local government item, Outcome 1

Department of Regional Australia, Local Government, Arts and Sport

-4,000

3

Administered assets and liabilities item

Department of Infrastructure and Regional Development

+1,000

4

Administered assets and liabilities item

Department of Regional Australia, Local Government, Arts and Sport

-1,000

\n```\n\n> Note: Section 32 of the FMA Act enables the Finance Minister to determine that Schedules to Appropriation Acts are amended in relation to a transfer of functions between Agencies. A determination under section 32 of the FMA Act cannot result in a change to the total amount appropriated. FMA Act Determination 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) affects this Act in a specified way to result in no change to the total amount appropriated.\n\n> Note: Due to a change to the Administrative Arrangements Order on 18 September 2013, functions relating to regional development were transferred from the former Department of Regional Australia, Local Government, Arts and Sport to the Department of Infrastructure and Regional Development.\n\n3 Schedule 1, Infrastructure and Transport portfolio, after the Department of Infrastructure and Transport table\n\nInsert:\n\n> Note 1: FMA Act Determination 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD) created a new Outcome 3 for the Department of Infrastructure and Regional Development, which is set out in Table 3 at the end of Schedule 2 to this Act.\n\n> Note: Additionally, the Determination increased the State, ACT, NT and local government item for Outcome 3 and the administered assets and liabilities item for the Department of Infrastructure and Regional Development by the amounts specified in Table 4 at the end of Schedule 2 to this Act\n\n> Note: Due to a change to the Administrative Arrangements Order on 18 September 2013, the Department of Infrastructure and Transport was renamed the Department of Infrastructure and Regional Development and functions relating to regional development were transferred from the former Department of Regional Australia, Local Government, Arts and Sport to the Department of Infrastructure and Regional Development.\n\n4 Schedule 2, Regional Australia, Local Government, Arts and Sports portfolio, after the Department of Regional Australia, Local Government, Arts and Sports table\n\nInsert:\n\n> Note 1: FMA Act Determination 2013/07— Section 32 (Transfer of Functions from DRALGAS to AGD, Health and DIRD), decreased the State, ACT, NT and local government item for Outcome 1 for the Department of Regional Australia, Local Government, Arts and Sport by the amount specified in Table 4 at the end of Schedule 2 to this Act.\n\n> Note: Additionally, the Determination decreased the administered assets and liabilities item for the Department of Regional Australia, Local Government, Arts and Sport by the amount specified in Table 4 at the end of Schedule 2 to this Act.\n\n> Note: Due to a change to the Administrative Arrangements Order on 18 September 2013, functions relating to regional development were transferred from the former Department of Regional Australia, Local Government, Arts and Sport to the Department of Infrastructure and Regional Development.","sortOrder":4}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2916},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Determination remains focused on its original purpose of facilitating the interim transfer of functions and appropriations from DRALGAS to three receiving agencies following the September 2013 Administrative Arrangements Order. It does not expand beyond this machinery of government adjustment."},"complexity_factors":["Technical appropriations terminology (Outcomes, Administered items, Departmental items)","Cross-references to three separate legislative instruments (FMA Act, Appropriation Act No. 1 & No. 2 2013-2014)","Heavy acronym use (DRALGAS, AGD, DIRD)","Tabular financial data requiring reconciliation across multiple tables","Requires understanding of Administrative Arrangements Orders and machinery of government changes"],"plain_english_summary":"This Determination legally reallocates $131 million and the functions of the abolished DRALGAS to three receiving departments, creating interim budget outcomes so appropriations follow the moved responsibilities. Using FMA Act s32, it shifts arts, sport and regional/territories programs to new departmental homes, affecting the four departments and their arts, sport and regional stakeholders while permanent transfers are finalized."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Determination implements the Administrative Arrangements Order by reallocating existing appropriations between agencies and creating corresponding Outcomes and schedule notes. It does not alter the total appropriation or expand statutory functions beyond those transferred by the AAO; it is an interim administrative adjustment with further transfers to follow."},"complexity_factors":["Multiple agencies affected (AGD, Department of Health, DIRD, former DRALGAS) requiring coordinated schedule changes across portfolios.","Amendments applied to both Appropriation Act (No.1) Schedule 1 and Appropriation Act (No.2) Schedule 2 (multiple legislative instruments to edit).","Creation of new Outcomes (Outcome 2, 15, 3, 4) and insertion of portfolio notes and tables (Tables 3–7) increases drafting and indexing work.","Numerical re‑allocations across several line items (positive and negative adjustments listed in Table 7 and Table 4) must balance so total appropriation is unchanged (s32 constraint).","Determinative power exercised under s32 of the FMA Act (delegated by the Finance Minister), so legal reliance on that statutory mechanism matters for validity.","Interim character: further appropriation transfers are signalled, creating sequencing and implementation risk for subsequent instruments and agency budgets.","Cross-references to the Administrative Arrangements Order (18 September 2013) mean the Determination depends on external administrative changes when interpreting scope."],"plain_english_summary":"This Determination reallocates existing budget line items among Commonwealth agencies to reflect a transfer of functions: arts to the Attorney‑General’s Department, sport and recreation to the Department of Health, and regional development to the Department of Infrastructure and Regional Development. It creates new Outcomes in the Appropriation Acts and adjusts administered and state/local government items (Tables 4–7). The change is an interim administrative reallocation that does not alter the total amount appropriated and commenced on 20 September 2013."}},"importantCases":[],"_links":{"self":"/api/acts/financial-management-and-accountability-act-1997-determination-2013-07-section-32-transfer-of-functi","history":"/api/acts/financial-management-and-accountability-act-1997-determination-2013-07-section-32-transfer-of-functi/history","analysis":"/api/acts/financial-management-and-accountability-act-1997-determination-2013-07-section-32-transfer-of-functi/analysis","conflicts":"/api/acts/financial-management-and-accountability-act-1997-determination-2013-07-section-32-transfer-of-functi/conflicts","importantCases":"/api/acts/financial-management-and-accountability-act-1997-determination-2013-07-section-32-transfer-of-functi/important-cases","documents":"/api/acts/financial-management-and-accountability-act-1997-determination-2013-07-section-32-transfer-of-functi/documents"}}