Commonwealth Numbered Acts Commonwealth Numbered ActsWhen this section applies
(1) This section applies if a function of a non-corporate Commonwealth entity (the transferring entity ) is transferred to another non-corporate Commonwealth entity, either because the transferring entity is abolished or for any other reason.
Adjustments to appropriations
(2) The Finance Minister may determine that one or more Schedules to one or more Appropriation Acts are amended in a specified way. The amendment must be related to the transfer of function.
(3) Each Appropriation Act concerned has effect as if the Schedule concerned were amended in accordance with the determination.
No increase in overall appropriation etc.
(4) A determination under subsection (2) must not result in:
(a) a change in the total amount appropriated in relation to the financial year in which the determination is made; or
(b) an increase in the total amount appropriated in relation to any previous financial year.
Transfer of function between Parliamentary Departments
(5) If the transfer of function is between Parliamentary Departments, then the Finance Minister must not make a determination under subsection (2) unless it is in accordance with a written recommendation of the Presiding Officers.
No extension of time limits
(6) A determination under subsection (2) does not have the effect of extending any time limit that applies to an appropriation.
(7) A determination under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the determination.
(8) A determination under subsection (2) may be expressed to take effect before the day it is registered under that Act (including before the day it is made).
(9) Subsection (8):
(a) does not authorise expenditure under an appropriation that did not exist at the time of the expenditure; and
(b) applies despite subsection 12(2) of the Legislative Instruments Act 2003 .
Rules about transfers of functions
(10) The rules may make provision in relation to a transfer of function to which this section applies, including in relation to the exercise of a power, the performance of a function or the discharge of a duty delegated under this Act or the rules.