Appropriation Act (No. 3) 2007-2008 - section 12 Determination 2008/01 - Flexible Funding Pool Receipts 2008

Overview

The Appropriation Act (No. 3) 2007-2008 was enacted to provide the necessary appropriations for the Northern Territory Emergency Response (NTER) and related activities. The Act, as supplemented by the Determination under section 12(1)(c), facilitates the transfer of funds from the Northern Territory Flexible Funding Pool (NTFFP) Special Account to participating agencies, ensuring that they have the financial resources to implement employment creation initiatives aligned with the objectives of the NTER. This legislation was introduced to address the need for a flexible funding mechanism to support the NTER's multifaceted objectives, including employment, health, and community development initiatives in the Northern Territory. Enacted by the Parliament of Australia, the policy objective of the Act is to provide targeted funding to enhance the effectiveness of the NTER by enabling participating agencies to address specific needs and outcomes as they arise.

Scope and Application

The Appropriation Act (No. 3) 2007-2008 – Section 12 Determination 2008/01 – Flexible Funding Pool Receipts 2008, applies to specific agencies participating in the Northern Territory Emergency Response (NTER), allowing them to receive appropriations from the Northern Territory Flexible Funding Pool (NTFFP) Special Account to be used for employment creation initiatives in the Northern Territory. The agencies covered by this Determination include the Attorney-General’s Department, the Department of Education, Employment and Workplace Relations, the Department of the Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA), and the Department of Health and Ageing. This Determination facilitates the transfer of funds from the NTFFP Special Account to these agencies, which are responsible for managing and allocating the funds in accordance with the conditions specified in the Determination and the purposes outlined in the Appropriation Act (No. 3) 2007-2008. The Determination does not extend to any other entities or individuals outside of the specified agencies and is limited to the appropriation outlined in the Act.

Key Provisions

The main operative sections of this legislation pertain to the allocation and administration of funds from the Northern Territory Flexible Funding Pool (NTFFP) Special Account, established under the Financial Management and Accountability Act 1997. Section 12 of the Appropriation Act (No. 3) 2007-2008 provides an appropriation for agencies participating in the Northern Territory Emergency Response (NTER) to debit amounts from the NTFFP Special Account for employment creation initiatives. Paragraph 12(1)(c) of this Act allows the Finance Minister to issue a written Determination to credit specified agencies with amounts debited from the NTFFP Special Account, as long as these amounts are used in accordance with the conditions set out in the Determination. This Determination ensures that all funds received by an agency that increase the administered item of that agency must align with the purposes of the NTFFP Special Account. The Act imposes several obligations and requirements on the parties it governs. Agencies that are the recipients of funds from the NTFFP Special Account must ensure that these funds are used strictly for the purposes of employment creation initiatives related to the NTER. This includes adhering to any conditions specified in the Determination. Additionally, the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) is responsible for managing the NTFFP Special Account and for crediting amounts to the agencies as needed. Agencies must maintain proper accounts and records of these transactions to ensure transparency and accountability in the use of these funds. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, any misuse of funds or failure to comply with the conditions specified in the Determination could potentially lead to administrative consequences, such as the withholding of future appropriations or other corrective measures. It is important to note that the Determination itself is not subject to parliamentary disallowance or sunsetting provisions, which means it remains in effect until explicitly altered or repealed by subsequent legislation.