Direction under section 32, Financial Management and Accountability Act 1997 - Adjustments of Appropriations on Change of Agency Functions (No. 3 of 2000-2001)

Overview

The Financial Management and Accountability Act 1997 was enacted to ensure the effective management of public finances and to hold agencies accountable for their financial decisions. This legislation was introduced to address the need for a robust framework governing the financial activities of government agencies in Australia, ensuring transparency, efficiency, and compliance with budgetary processes. The Act is administered by the Parliament of Australia, aiming to maintain fiscal discipline and responsibility across all levels of government. In this context, the policy objective is to facilitate the smooth transfer of funds between agencies, ensuring continuity of services and adherence to budgetary allocations as directed by the relevant authorities. The legislative instrument referenced, F2007B00802, serves as a directive under section 32 of the Act, enabling the transfer of specified appropriations from the Human Rights and Equal Opportunity Commission to the Office of the Privacy Commissioner, reflecting a reallocation of resources in line with the policy objectives of the Act.

Scope and Application

This legislative instrument applies to the transfer of specific appropriation items from one government agency to another. In particular, it concerns the transfer of funds from the Human Rights and Equal Opportunity Commission to the Office of the Privacy Commissioner, as outlined in the attached schedule. The geographic and jurisdictional reach of this directive is within the Commonwealth of Australia, affecting federal government agencies and their financial management. There are no exclusions, exemptions, or thresholds specified in this particular instrument, but it operates under the broader framework of the Financial Management and Accountability Act 1997. The Act allows for the extension or restriction of application through subordinate instruments, enabling further detail and specificity in financial transfers and appropriations as required.

Key Provisions

This legislative instrument operates under section 32 of the Financial Management and Accountability Act 1997, detailing a transfer of funds from one agency to another. Specifically, section 32 allows for the direction of moneys listed in column 4 of the attached schedule, for the items listed in column 1, to be moved from the 'old agency' in column 2 to the 'new agency' in column 3. This directive is issued by Phillip Prior, SES Band 2, from the Budget Coordination Unit in the Department of Finance and Administration, dated 20 October 2000. The transfer involves appropriations from the Appropriation Act (No. 1) 2000-2001 and the Appropriation Act (No. 2) 2000-2001, with specific amounts for departmental outputs and equity injections moving from the Human Rights and Equal Opportunity Commission to the Office of the Privacy Commissioner. The obligations imposed by this direction are clear and specific. The Human Rights and Equal Opportunity Commission is required to facilitate the transfer of the specified funds to the Office of the Privacy Commissioner. This entails ensuring that the financial records reflect the movement of the stated amounts, and that all necessary documentation is completed and submitted within the prescribed timeframe. The Office of the Privacy Commissioner, in turn, must be prepared to receive these funds, ensuring that they are appropriately accounted for and utilised in accordance with their budget and financial obligations. Failure to comply with the provisions of this direction could lead to serious consequences. While the specific penalties are not detailed within this legislative instrument, breaches of the Financial Management and Accountability Act 1997 can result in both civil and criminal penalties. Civil penalties might include fines, while criminal penalties could result in imprisonment, depending on the severity and intent behind the breach. The Act itself provides a framework for these penalties, which are designed to enforce compliance and uphold the integrity of financial management within Australian government agencies.