Direction under section 32, Financial Management and Accountability Act 1997 - Adjustments of Appropriations on Change of Agency Functions (No. 11 of 2002-2003)

Overview

The Financial Management and Accountability Act 1997 was enacted to ensure the proper management and accountability of public money in Australia. This Act provides the legal framework for the management of financial resources within the federal public sector, aiming to enhance transparency, efficiency, and effectiveness in the use of public funds. The Act was introduced to address the need for robust financial oversight and control mechanisms to prevent mismanagement and ensure that public funds are used responsibly and for the intended purposes. Enacted by the Parliament of Australia, the policy objective of the Act is to establish a consistent and coordinated approach to financial management across all Commonwealth agencies, thereby promoting good governance and public trust in the management of public resources. This legislative instrument, issued under section 32 of the Financial Management and Accountability Act 1997, directs the transfer of specified appropriations from certain agencies to the Australian Crime Commission. The direction is issued by James Kerwin, the Manager of the Financial Reporting and Cash Management Division in the Department of Finance and Administration, on 1 May 2003. The transfers listed in the attached schedule are intended to realign financial resources to better support the functions and outcomes of the Australian Crime Commission, reflecting the strategic priorities and operational needs of this agency.

Scope and Application

The Financial Management and Accountability Act 1997 provides a framework for the financial management of Commonwealth entities, ensuring that public funds are used in a responsible and accountable manner. Under section 32 of this Act, the Manager, Financial Reporting and Cash Management Division, Department of Finance and Administration has the authority to direct the transfer of specific appropriations from one agency to another. In this particular legislative instrument, James Kerwin has directed the transfer of funds from the Australian Federal Police and the Attorney General’s Department to the Australian Crime Commission for the financial year 2002-2003. This transfer is detailed in the attached schedule, which lists the appropriation items, the originating agencies, the new agency, and the monetary amounts involved. This directive is effective from 1 May 2003, as specified in the document. The scope of this legislative instrument is confined to the reallocation of specific funds as per the detailed schedule, and it applies directly to the agencies involved in the transfer. The geographic reach of the Act is national, as it pertains to the Commonwealth government’s financial management practices. There are no stated exclusions or exemptions within this directive, although broader provisions of the Financial Management and Accountability Act 1997 may apply. The application of the Act may be further extended or restricted through subordinate instruments issued under its authority.

Key Provisions

The operative sections of this legislative instrument, under section 32 of the Financial Management and Accountability Act 1997, pertain to the transfer of specific appropriations from one agency to another. Section 32 provides the authority for the Manager, Financial Reporting and Cash Management Division, Department of Finance and Administration to direct such transfers. In this case, James Kerwin has issued a direction to transfer funds from the Australian Federal Police and the Attorney General’s Department to the Australian Crime Commission, as detailed in the attached schedule. The obligations imposed by this Act on the involved parties are straightforward. The Australian Federal Police and the Attorney General’s Department are required to transfer the specified amounts of money to the Australian Crime Commission. This direction mandates that these agencies must comply with the financial transfer as per the schedule attached to the legislative instrument. The Manager, Financial Reporting and Cash Management Division, Department of Finance and Administration is responsible for ensuring that the funds are correctly allocated and the transfer is properly documented. There are no explicit offences, penalties, or consequences for breach mentioned in this particular legislative instrument. However, any failure to comply with the direction could potentially result in legal or administrative repercussions under the Financial Management and Accountability Act 1997. Typically, such breaches could lead to investigations, financial penalties, or other corrective measures as deemed appropriate by the relevant authorities. The Act generally ensures that public funds are managed with accountability and transparency, and deviations from such directives could be subject to scrutiny and enforcement actions.