Direction under section 32, Financial Management and Accountability Act 1997 - Adjustments of Appropriations on Change of Agency Functions (No. 2 of 2000-2001)

Overview

The Financial Management and Accountability Act 1997 was enacted to provide a framework for the financial management and accountability of Commonwealth entities, ensuring that public funds are managed efficiently and effectively. This Act was introduced to address the need for improved financial oversight and management within government agencies, aiming to enhance transparency and accountability in the allocation and expenditure of public funds. The Act was passed by the Parliament of Australia and its policy objective is to ensure that public funds are managed in a way that promotes economy, efficiency, and effectiveness. This legislative instrument, F2007B00801, is a direction issued under section 32 of the Financial Management and Accountability Act 1997. It mandates the transfer of specified funds from one government agency to another, reflecting the restructuring or reallocation of responsibilities within the public sector. Phillip Prior, from the Budget Coordination Unit of the Department of Finance and Administration, issued this direction on 20 October 2000, specifying the transfer of funds from the Department of Immigration and Multicultural Affairs to the Migration Review Tribunal and the Refugee Review Tribunal. This action aims to align financial resources with the operational needs and responsibilities of the respective agencies.

Scope and Application

The Direction issued under section 32 of the Financial Management and Accountability Act 1997 applies to the transfer of specified moneys between government agencies as outlined in the attached schedule. This legislative instrument directs the transfer of funds from the Department of Immigration and Multicultural Affairs to two new agencies, the Migration Review Tribunal and the Refugee Review Tribunal, for the financial year 2000-2001. The Direction is geographically and jurisdictionally bound within the Commonwealth of Australia, ensuring that the transfer of funds complies with the financial management policies set forth in the Act. The Direction does not explicitly state any exclusions, exemptions, or thresholds, and it is understood that it operates within the framework provided by the Act and any subordinate instruments that may further define the application of the financial transfers. This Direction ensures that the financial resources are appropriately allocated to support the functions and mandates of the newly designated agencies.

Key Provisions

This legislative instrument (F2007B00801) under section 32 of the Financial Management and Accountability Act 1997, outlines the directive for the transfer of specific appropriations from one agency to another. In essence, Phillip Prior, a representative of the Budget Coordination Unit within the Department of Finance and Administration, has authorised the reallocation of funds from the Department of Immigration and Multicultural Affairs to the Migration Review Tribunal and the Refugee Review Tribunal, as detailed in the attached schedule. The appropriations in question stem from the Appropriation Act (No. 1) 2000-2001, specifically under the Departmental Outputs category, with the Migration Review Tribunal receiving $4,126,000 and the Refugee Review Tribunal receiving $5,294,000. The obligations imposed by this instrument are primarily administrative and financial in nature. Phillip Prior, as the authorised official, is tasked with ensuring that the specified funds are accurately transferred from the Department of Immigration and Multicultural Affairs to the respective tribunals. This involves meticulous record-keeping and adherence to the financial management protocols set forth by the Financial Management and Accountability Act 1997. Additionally, the departments involved must cooperate in the execution of this transfer, providing necessary documentation and confirmation of the financial movement. In terms of potential consequences for non-compliance, the legislation does not explicitly detail penalties within the instrument itself. However, breaches of the Financial Management and Accountability Act 1997 can result in significant civil and criminal liabilities under other sections of the Act. Civil penalties may include fines, restitution, or other corrective measures as determined by a court. Criminal penalties could involve imprisonment, reflecting the seriousness with which the Act treats financial mismanagement and breaches of accountability. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or further legislative provisions.