Overview

The Financial Management and Accountability Act 1997 was enacted to ensure that public money is managed efficiently, effectively and economically, and to hold public servants accountable for their financial management decisions. The Act aims to promote transparency, accountability and integrity in the management of public finances. This legislative instrument, F2007B00747, was issued by Phillip Prior, SES Band 2, Budget Coordination Unit, Department of Finance and Administration, under section 32 of the Act. It directs the transfer of funds from the Australian Bureau of Statistics to the National Competition Council as part of the appropriation for departmental outputs under the Appropriation Act (No. 1) of 1999/2000. The policy objective of this transfer is to ensure that the National Competition Council has the necessary resources to carry out its functions effectively.

Scope and Application

This legislative instrument, issued under section 32 of the Financial Management and Accountability Act 1997, pertains to the transfer of specific appropriation funds from one agency to another. Phillip Prior, a designated official from the Budget Coordination Unit within the Department of Finance and Administration, has authorised the transfer of funds allocated to the Australian Bureau of Statistics to the National Competition Council. This directive mandates the reallocation of $200,000 from the Australian Bureau of Statistics to the National Competition Council, as detailed in the attached schedule. The legislation applies directly to the specified appropriation item under the Appropriation Act (No.1 of 1999/2000), outlining the transfer from the old agency to the new agency. The instrument's jurisdictional reach is firmly within the Commonwealth, as it involves the management of federal appropriations and their reallocation between government entities. This directive does not explicitly outline any exclusions, exemptions, or thresholds, but the authority to make such transfers is rooted in the overarching provisions of the Financial Management and Accountability Act 1997. The application of this Act extends to ensuring proper financial management and accountability across federal agencies.

Key Provisions

The legislative instrument in question (F2007B00747) pertains to a direction issued under section 32 of the Financial Management and Accountability Act 1997 (FMA Act). This direction authorises the transfer of specified funds from one government agency to another. Specifically, the direction, signed by Phillip Prior, SES Band 2, from the Budget Coordination Unit of the Department of Finance and Administration, mandates the transfer of $200,000 from the Australian Bureau of Statistics to the National Competition Council, as detailed in the attached schedule (section 32). The appropriation item in question is from the Appropriation Act (No. 1) of 1999/2000, with the transfer date noted as 12 November 1999. This legislative instrument imposes clear obligations on the entities involved. The Australian Bureau of Statistics must ensure the transfer of the specified funds to the National Competition Council by the date stipulated, which in this case is 12 November 1999. The National Competition Council, on the other hand, must be prepared to receive and account for these funds appropriately. The Department of Finance and Administration, through its Budget Coordination Unit, must oversee and verify the compliance of this transfer with relevant financial management regulations. In terms of legal consequences, the FMA Act provides for both civil and criminal penalties for non-compliance with its provisions. Under the FMA Act, breaches can lead to disciplinary action against public officers, fines, and even imprisonment in serious cases. The exact penalties depend on the nature and severity of the breach. For example, if a public officer fails to comply with a direction under section 32, they may be subject to fines up to a specified amount or imprisonment for a defined period, as determined by the court. Additionally, any financial mismanagement resulting from non-compliance can lead to civil actions for damages or recovery of funds. Overall, the legislative instrument in question ensures that the transfer of specified funds is conducted in a transparent and accountable manner, in compliance with the FMA Act. The obligations placed on the involved agencies are clear, and the potential penalties for non-compliance serve as a deterrent against mismanagement. The direction is a formal mechanism to facilitate the efficient allocation of government resources, thereby upholding the integrity of financial management within the public sector.