DIRECTION UNDER SECTION 32, FINANCIAL MANAGEMENT AND ACCOUNTABILITY ACT 1997
I, Stephen Welch, Acting Branch Manager, Commonwealth Financial Reporting Unit, Department of Finance and Administration, pursuant to section 32 of the Financial Management and Accountability Act 1997, hereby direct that the moneys listed in column 4 of the attached schedule for the items listed in column 1, be transferred from the 'old agency' listed in column 2 to the 'new agency' listed in column 3.
Column 1 | Column 2 | Column3 | Column 4 |
Appropriation Item | Old Agency | New Agency | $ |
Non-lapsing Departmental Outputs from prior years’ Appropriation | Office of Asset Sales and Commercial Support | Department of Finance and Administration | 4,825,362.37 |
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Stephen Welch
7 January 2002 No. 14 of 2001-2002
Overview
The Financial Management and Accountability Act 1997 was enacted by the Australian Parliament to provide a framework for the financial management and accountability of the Commonwealth and its entities. This Act was introduced to address the need for improved financial management practices and accountability mechanisms within the Commonwealth. The policy objective of the Act is to ensure that public funds are managed efficiently, effectively, and economically, and that public entities are held accountable for their financial performance. The legislative instrument, F2007B00938, issued under section 32 of the Act, is a direction for the transfer of specified funds from one agency to another, reflecting the ongoing requirement to manage and reallocate resources in accordance with the principles set out in the Act. The direction, issued by Stephen Welch, Acting Branch Manager, Commonwealth Financial Reporting Unit, Department of Finance and Administration on 7 January 2002, is an example of the practical application of the Act in ensuring that financial resources are appropriately directed to support the Commonwealth’s operations.
Scope and Application
The direction issued under section 32 of the Financial Management and Accountability Act 1997 pertains to the transfer of specific funds between government agencies within the Commonwealth. The Acting Branch Manager, Stephen Welch, from the Commonwealth Financial Reporting Unit, Department of Finance and Administration, mandates the transfer of non-lapsing departmental outputs from prior years' appropriation from the Office of Asset Sales and Commercial Support to the Department of Finance and Administration, with the amount specified as $4,825,362.37. This legislative instrument applies to the entities involved in the transfer and is issued under the authority granted by the Financial Management and Accountability Act 1997, which governs financial management practices within the Commonwealth government. The direction is limited to the specific appropriation item and agencies listed, with no stated exclusions or exemptions. Any further application or interpretation of this direction would be subject to the overarching provisions of the Act and any relevant subordinate instruments.
Key Provisions
The primary operative section in this legislative instrument is section 32 of the Financial Management and Accountability Act 1997. This section empowers the Acting Branch Manager of the Commonwealth Financial Reporting Unit, Department of Finance and Administration, to direct the transfer of specific moneys from one agency to another. In this case, the direction issued by Stephen Welch on 7 January 2002, directs the transfer of $4,825,362.37 from the Office of Asset Sales and Commercial Support to the Department of Finance and Administration (section 32(1)). This transfer pertains to non-lapsing departmental outputs from prior years’ appropriations, as listed in column 4 of the attached schedule.
The obligations and requirements imposed by this legislative instrument are clear and specific. The Acting Branch Manager must ensure that the funds are accurately identified, as listed in the attached schedule. Furthermore, the transfer must occur from the 'old agency', the Office of Asset Sales and Commercial Support, to the 'new agency', the Department of Finance and Administration (section 32(2)). The Act mandates that this transfer be carried out with due diligence to maintain the integrity of the financial management system within the Commonwealth.
Breach of the provisions outlined in this legislative instrument can result in various consequences. While the specific penalties are not detailed within the instrument, it is understood that failure to comply with the direction could lead to civil or criminal liability under the Financial Management and Accountability Act 1997. Such penalties could include fines, imprisonment, or other sanctions as deemed appropriate by the relevant authorities. The Act ensures that the transfer is executed correctly and within the prescribed timeframe to avoid any potential legal repercussions for the involved parties.