{"id":"F2013L00684","name":"FMA Act Determination 2013/01 - Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET)","slug":"fma-act-determination-2013-01-section-32-transfer-of-functions-from-dccee-to-diiccsrte-and-dret","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":172860,"registerId":"commonwealth-F2013L00684-current","compilationNumber":null,"startDate":"2026-04-04","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"FMA Act Determination 2013/01 - Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET)","content":"![](image.001.png)\n\nFMA Act Determination 2013/01 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET)\n\nFinancial Management and Accountability Act 1997\n\nI, ALAN GREENSLADE, First Assistant Secretary, Financial Reporting and Cash Management Division, Department of Finance and Deregulation, make this Determination under subsection 32(2) of the FMA Act, as delegate of the Secretary of the Department of Finance and Deregulation, who is, in turn, a delegate of the Finance Minister.\n\nThis Determination is made due to amendments to the Administrative Arrangements Order, made on 25 March 2013. On that day, the Department of Climate Change and Energy Efficiency was abolished and its functions were transferred:\n\n in relation to climate change, to the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education; and\n in relation to energy efficiency, to the Department of Resources, Energy and Tourism.\n\nDated 24 April 2013\n\nALAN GREENSLADE\n\nFirst Assistant Secretary\n\nFinancial Reporting and Cash Management Division \nDepartment of Finance and Deregulation\n\n \n\n1 Name of Determination\n\nThis Determination is the FMA Act Determination 2013/01 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET).\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 Finance Minister in accordance with section 62 of the FMA Act. The Secretary has sub-delegated that power in accordance with section 53 of the FMA Act.\n\n> Note 2: Functions in relation to climate change were transferred from DCCEE to DIICCSRTE, and functions in relation to energy efficiency were transferred from DCCEE to DRET due to a change in the Administrative Arrangements Order with effect from 25 March 2013.\n\n2 Commencement\n\nThis Determination commences on the day which it is made.\n\n3 Amendment of Appropriation Acts\n\nAppropriation Act (No. 1) 2012\\-2013 and Appropriation Act (No. 2) 2012-2013 are amended as set out in the Chapters to this Determination.\n\n4 Definitions\n\nIn this Determination:\n\n- DCCEE means the former Department of Climate Change and Energy Efficiency.\n- DIICCSRTE means the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education.\n- DRET means the Department of Resources, Energy and Tourism.\n- FMA Act means the Financial Management and Accountability Act 1997.\n\n \n\nChapter 1 Amendment of Appropriation Act (No. 1) 2012\\-2013\n\n(Clause 3)\n\n\\[1\\] Schedule 1, Climate Change and Energy Efficiency portfolio, Department of Climate Change and Energy Efficiency table\n\nOmit the table and insert\n\n```html\n

Climate Change and Energy Efficiency PORTFOLIO

Appropriation (plain figures)—2012‑2013

Actual Available Appropriation (italic figures)—2011‑2012

Departmental

Administered

Total

$'000

$'000

$'000

DEPARTMENT OF CLIMATE CHANGE AND ENERGY EFFICIENCY

Outcome 1 ‑

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

104,297

41,421.24022

145,718.24022

177,948

1,335,200

1,513,148

Total: Department of Climate Change and Energy Efficiency

104,297

41,421.24022

145,718.24022

177,948

1,335,200

1,513,148

\n```\n\n\\[2\\] Schedule 1, Climate Change and Energy Efficiency portfolio, after the Department of Climate Change and Energy Efficiency table\n\nInsert\n\nNote 1: FMA Act Determination 2013/01 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET) repealed the table for the Department of Climate Change and Energy Efficiency (DCCEE) and replaced it with a new table. These amendments only dealt with the transfer of amounts appropriated in the administered item for DCCEE and did not deal with the transfer of amounts appropriated in the departmental item for DCCEE.\n\nThe administered item for Outcome 1 was reduced by $65,744,759.78 and this amount was transferred from the former DCCEE in part to the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (DIICCSRTE) and in part to the Department of Resources, Energy and Tourism (DRET). Consequential amendments were also made to the table.\n\nThe amended administered item for Outcome 1 comprises administered amounts spent during 2012‑2013 by DCCEE, before DCCEE was abolished on 25 March 2013, together with excess administered amounts not required for the remainder of 2012\\-2013.\n\nThese changes were made to implement the amendments to the Administrative Arrangements Order made on 25 March 2013\\. Functions of the former DCCEE were transferred:\n\n> Note: (a) in relation to climate change, to DIICCSRTE; and\n\n> Note: (b) in relation to energy efficiency, to DRET.\n\n \n\n\\[3\\] Schedule 1, Industry, Innovation, Science, Research and Tertiary Education portfolio, Department of Industry, Innovation, Science, Research and Tertiary Education table\n\nOmit the table and insert\n\n```html\n

Industry, Innovation, Science, Research and Tertiary Education PORTFOLIO

Appropriation (plain figures)—2012‑2013

Actual Available Appropriation (italic figures)—2011‑2012

Departmental

Administered

Total

$'000

$'000

$’000

DEPARTMENT OF INDUSTRY, INNOVATION, CLIMATE CHANGE, SCIENCE, RESEARCH AND TERTIARY EDUCATION

Outcome 1 ‑

The sustainable development and growth of Australian industry ‑ particularly the manufacturing, services and small business sectors ‑ by encouraging businesses to innovate, collaborate and commercialise ideas, and by delivering business advice, assistance and services

290,205

668,165

958,370

302,359

700,848

1,003,207

Outcome 2 ‑

Production, use and awareness of science and research knowledge, by supporting research activity; training and infrastructure; science communication; skill development; and collaboration, within the research sector and between researchers and industry, domestically and internationally

55,873

54,514

110,387

55,164

72,290

127,454

Outcome 3 ‑

A growth in skills, qualifications and productivity through funding to improve teaching quality, learning, and tertiary sector infrastructure, international promotion of Australia’s education and training sectors, and partnerships with industry

169,263

1,750,069

1,919,332

-

1,033,809

1,033,809

Outcome 4 ‑

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

-

13,321.83915

13,321.83915

-

-

-

Total: Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education

515,341

2,486,069.83915

3,001,410.83915

357,523

1,806,947

2,164,470

\n```\n\n\\[4\\] Schedule 1, Industry, Innovation, Science, Research and Tertiary Education portfolio, after the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education table\n\nAfter Note 4, insert\n\nNote 5: FMA Act Determination 2013/01 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET) repealed the table for the Department of Industry, Innovation, Science, Research and Tertiary Education and replaced it with a new table for the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (DIICCSRTE), the effect of which was to:\n\n> Note: (a) recognise the change in the name of the Department;\n\n> Note: (b) insert Outcome 4, and insert the administered item for Outcome 4, to transfer $13,321,839.15 of the unspent administered amount from the former Department of Climate Change and Energy Efficiency (DCCEE) to DIICCSRTE; and\n\n> Note: (c) make consequential changes to the table.\n\nThe determination retains the Outcome 1 text from the former DCCEE for the new Outcome 4 of DIICCSRTE. This enables the relevant parts of the Portfolio Budget Statements tabled in relation to DCCEE at Budget 2012-2013 to be used for interpreting the relevant activities of DIICCSRTE.\n\nAmendments to the table have been limited to those required to implement the changes in the Administrative Arrangements Order. Accordingly, references to the Industry, Innovation, Science, Research and Tertiary Education portfolio were not amended to reflect the new name of the Department, to maintain coherence with the existing structure of this Act, including the table of contents. On a related matter, orders made under section 19B of the Acts Interpretation Act 1901 enable statutory references to a particular Department’s name to be read as a reference to a new Department’s name.\n\nThese changes were made to implement the amendments to the Administrative Arrangements Order made on 25 March 2013. Functions of the former DCCEE in relation to climate change were transferred to DIICCSRTE.\n\n\\[5\\] Schedule 1, Resources, Energy and Tourism portfolio, Department of Resources, Energy and Tourism table\n\nOmit the table and insert\n\n```html\n

Resources, Energy and Tourism PORTFOLIO

Appropriation (plain figures)—2012‑2013

Actual Available Appropriation (italic figures)—2011‑2012

Departmental

Administered

Total

$'000

$'000

$’000

DEPARTMENT OF RESOURCES, ENERGY AND TOURISM

Outcome 1 ‑

The improved strength, competitiveness and sustainability of the Resources, Energy and Tourism industries to enhance Australia’s prosperity through implementation of government policy and programs (including to perform the activities indicated in the Portfolio Budget Statements for 2012-2013 of the Department of Climate Change and Energy Efficiency as being activities in respect of Outcome 1 for that Department)

81,680

371,201.92063

452,881.92063

114,045

986,741

1,100,786

Total: Department of Resources, Energy and Tourism

81,680

371,201.92063

452,881.92063

114,045

986,741

1,100,786

\n```\n\n\\[6\\] Schedule 1, Resources, Energy and Tourism portfolio, after the Department of Resources, Energy and Tourism table\n\nInsert\n\nNote 1: FMA Act Determination 2013/01 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET) repealed the table for the Department of Resources, Energy and Tourism (DRET) and replaced it with a new table.\n\nThe administered item for Outcome 1 was amended to transfer $52,422,920.63 of the unspent administered amount from the former Department of Climate Change and Energy Efficiency (DCCEE) to DRET. Consequential amendments were also made to the table.\n\nThese changes were made to implement the amendments to the Administrative Arrangements Order made on 25 March 2013. Functions of the former DCCEE in relation to energy efficiency were transferred to DRET.\n\n \n\nChapter 2 Amendment of Appropriation Act (No. 2) 2012-2013\n\n(Clause 3)\n\n\\[1\\] Schedule 1—Payments to or for the States, ACT, NT and local government, after the “Department of Regional Australia, Local Government, Arts and Sport” row, and before the “Department of Sustainability, Environment, Water, Population and Communities” row\n\nInsert a new row\n\n| Department of Resources, Energy and Tourism | The improved strength, competitiveness and sustainability of the Resources, Energy and Tourism industries to enhance Australia’s prosperity through implementation of government policy and programs (including to perform the activities indicated in the Portfolio Budget Statements for 2012-2013 of the Department of Climate Change and Energy Efficiency as being activities in respect of Outcome 1 for that Department) | Minister for Resources and Energy | Minister for Resources and Energy |\n| ------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------- | --------------------------------- |\n\n\\[2\\] Schedule 2, Climate Change and Energy Efficiency portfolio, Department of Climate Change and Energy Efficiency table\n\nOmit the table and insert\n\n```html\n

CLIMATE CHANGE AND ENERGY EFFICIENCY PORTFOLIO

Appropriation (plain figures)—2012‑2013

Actual Available Appropriation (italic figures)—2011‑2012

Payments to

States, ACT,

NT and local

government

New

Administered

Outcomes

Total

$'000

$'000

$'000

DEPARTMENT OF CLIMATE CHANGE AND ENERGY EFFICIENCY

Operating

Outcome 1 ‑

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

6,839.23732

-

6,839.23732

7,138

-

7,138

Total: Operating

6,839.23732

-

6,839.23732

7,138

-

7,138

Non‑operating

Equity Injections

100

30,801

Total: Non‑operating

100

30,801

Total: Department of Climate Change and Energy Efficiency

6,839.23732

-

6,939.23732

7,138

-

37,939

\n```\n\n\\[3\\] Schedule 2, Climate Change and Energy Efficiency portfolio, after the Department of Climate Change and Energy Efficiency table\n\nInsert\n\nNote 1: FMA Act Determination 2013/01 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET) repealed the table for the Department of Climate Change and Energy Efficiency (DCCEE) and replaced it with a new table.\n\nThe State, ACT, NT and local government item for Outcome 1, was reduced by $49,762.68 and this amount was transferred from the former DCCEE to the Department of Resources, Energy and Tourism (DRET). Consequential amendments were also made to the table. The amended State, ACT, NT and local government item for Outcome 1 represents State, ACT, NT and local government amounts spent during 2012-2013 by DCCEE before it was abolished on 25 March 2013.\n\nThese changes were made to implement the amendments to the Administrative Arrangements Order made on 25 March 2013. Functions of the former DCCEE in relation to energy efficiency were transferred to DRET.\n\n\\[4\\] Schedule 2, Resources, Energy and Tourism portfolio, Department of Resources, Energy and Tourism table\n\nOmit the table and insert\n\n```html\n

resources, energy and tourism PORTFOLIO

Appropriation (plain figures)—2012‑2013

Actual Available Appropriation (italic figures)—2011‑2012

Payments to

States, ACT,

NT and local

government

New

Administered

Outcomes

Total

$'000

$'000

$'000

DEPARTMENT OF RESOURCES, ENERGY AND TOURISM

Operating

Outcome 1 ‑

The improved strength, competitiveness and sustainability of the Resources, Energy and Tourism industries to enhance Australia’s prosperity through implementation of government policy and programs (including to perform the activities indicated in the Portfolio Budget Statements for 2012-2013 of the Department of Climate Change and Energy Efficiency as being activities in respect of Outcome 1 for that Department)

49.76268

-

49.76268

-

-

-

Total: Operating

49.76268

-

49.76268

-

-

-

Non‑operating

Equity Injections

-

4,963

Total: Non‑operating

-

4,963

Total: Department of Resources, Energy and Tourism

49.76268

-

49.76268

-

-

4,963

\n```\n\n \n\n\\[5\\] Schedule 2, Resources, Energy and Tourism portfolio, after the Department of Resources, Energy and Tourism table\n\nInsert\n\nNote 1: FMA Act Determination 2013/01 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET) repealed the table for the Department of Resources, Energy and Tourism (DRET) and replaced it with a new table.\n\nThe table inserted a new State, ACT, NT and local government item for Outcome 1 for DRET, to transfer $49,762.68 of the unspent State, ACT, NT and local government amount from the former Department of Climate Change and Energy Efficiency (DCCEE) to DRET. Consequential amendments were also made to the table.\n\nThese changes were made to implement the amendments to the Administrative Arrangements Order made on 25 March 2013. Functions of the former DCCEE in relation to energy efficiency were transferred to DRET.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2551},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument strictly implements the machinery of government changes required by the 25 March 2013 Administrative Arrangements Order. It does not expand beyond transferring specific appropriations and functions to address new policy areas."},"complexity_factors":["Multi-layered delegation chain (Finance Minister → Secretary → First Assistant Secretary) under sections 53 and 62 of the FMA Act","Simultaneous amendments to two distinct Appropriation Acts (No. 1 and No. 2)","Technical distinction between 'administered' funds (for programs/grants) and 'departmental' funds (for internal operations)","Precise financial allocations specified to five decimal places in thousands of dollars (e.g., $13,321.83915)","Cross-references to external statutory instruments including the Administrative Arrangements Order and Portfolio Budget Statements"],"plain_english_summary":"This Determination transfers appropriations from the abolished Department of Climate Change and Energy Efficiency to successor departments so Parliament’s budgets follow transferred functions. It moves about $13.3 million to the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education and about $52.4 million (plus ~$49,800) to the Department of Resources, Energy and Tourism, leaving the former DCCEE funds only for pre-abolition costs and wind‑down.\n\nThe change preserves legal spending authority and continuity for climate and energy efficiency programs."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Determination implements transfers required by the Administrative Arrangements Order of 25 March 2013; it reallocates functions and unspent administered appropriations from DCCEE to DIICCSRTE and DRET and updates appropriation tables, but does not expand or narrow the underlying statutory functions beyond that administrative reallocation."},"complexity_factors":["Multiple statutory instruments: FMA Act s32 determination implemented alongside Administrative Arrangements Order changes (source: opening paragraph, Notes).","Amendments across two Appropriation Acts and multiple portfolio schedules and tables (Chapters 1–2; many table replacements).","Distinction between departmental and administered appropriations with transfers limited to administered items (Note 1 after [2]).","Precise monetary transfers split between two recipient departments with fractional dollar amounts ($13,321,839.15 to DIICCSRTE; $52,422,920.63 to DRET; $49,762.68 state/local) and consequential table edits ([2], [4], [6], Schedule notes).","Department renaming and retention of legacy Outcome text to preserve interpretive coherence for Portfolio Budget Statements (Note 5 after [4]).","Delegation chain for making the Determination (delegate of Secretary, Secretary a delegate of Minister) and references to Acts Interpretation Act s19B for name reading (Note 1 and explanatory notes).","Temporal/implementation detail: transfers reflect amounts spent by DCCEE up to abolition (25 March 2013) and unspent amounts for remainder of 2012–13 (Notes after [2], [3], [6])."],"plain_english_summary":"This Determination shifts policy responsibilities and unspent administered funds from the abolished Department of Climate Change and Energy Efficiency (DCCEE) to two successor departments: climate‑change functions (and $13,321,839.15) to DIICCSRTE, and energy‑efficiency functions (and $52,422,920.63) to DRET, plus small state/local transfers. It amends Appropriation Acts and portfolio tables so appropriations and outcome descriptions follow the Administrative Arrangements Order of 25 March 2013.\n\nThe financial effect is an intra‑government reallocation of Commonwealth appropriations; a Finance delegate implements the transfer so the receiving departments administer the specified funds for the remainder of 2012–13."}},"importantCases":[],"_links":{"self":"/api/acts/fma-act-determination-2013-01-section-32-transfer-of-functions-from-dccee-to-diiccsrte-and-dret","history":"/api/acts/fma-act-determination-2013-01-section-32-transfer-of-functions-from-dccee-to-diiccsrte-and-dret/history","analysis":"/api/acts/fma-act-determination-2013-01-section-32-transfer-of-functions-from-dccee-to-diiccsrte-and-dret/analysis","conflicts":"/api/acts/fma-act-determination-2013-01-section-32-transfer-of-functions-from-dccee-to-diiccsrte-and-dret/conflicts","importantCases":"/api/acts/fma-act-determination-2013-01-section-32-transfer-of-functions-from-dccee-to-diiccsrte-and-dret/important-cases","documents":"/api/acts/fma-act-determination-2013-01-section-32-transfer-of-functions-from-dccee-to-diiccsrte-and-dret/documents"}}