Direction under section 32, Financial Management and Accountability Act 1997 - Adjustments of Appropriations on Change of Agency Functions (No. 6 of 2004-2005)

Overview

The Financial Management and Accountability Act 1997 was enacted to ensure that Australian government agencies maintain proper financial management and accountability practices. This Act provides a framework for financial management, including the transfer of funds between agencies, to ensure that public money is used efficiently and effectively. The Act was introduced to address the need for clear guidelines and regulations concerning the allocation and transfer of public funds, thereby preventing misuse and ensuring transparency and responsibility. The enacting body was the Parliament of Australia, with the policy objective being to strengthen financial accountability within the public sector and ensure that government resources are used in accordance with authorised purposes. The legislative instrument F2007B00712, issued under section 32 of the Act, exemplifies this by detailing specific fund transfers between various government agencies, ensuring compliance with the Act's provisions.

Scope and Application

The legislative instrument F2007B00712 pertains to the Financial Management and Accountability Act 1997 and applies to the transfer of specific appropriations from the Department of Immigration and Multicultural and Indigenous Affairs to various other government agencies. This direction is issued by Anne Hazell, Division Manager of Financial Reporting and Cash Management Division, Department of Finance and Administration. The instrument details the exact appropriation amounts from the Appropriation Act (No. 1) 2004-2005 for departmental outputs that are to be reallocated to the Department of Employment and Workplace Relations, the Department of Family and Community Services, the Attorney General’s Department, and the Department of Finance and Administration. The directive is strictly limited to the financial management of appropriations as specified in the schedule and does not extend to other forms of financial transfers or management outside of the stated appropriations. The instrument operates within the Commonwealth jurisdiction, governing financial transfers between departments under the oversight of the Financial Management and Accountability Act 1997.

Key Provisions

Under this legislative instrument (F2007B00712), the primary operative section referenced is section 32 of the Financial Management and Accountability Act 1997. This section mandates the transfer of specified moneys from one agency to another as detailed in the attached schedule. The transfer involves appropriations from the Appropriation Act (No. 1) 2004-2005 for departmental outputs. For instance, it directs the transfer of $19,416,672 from the Department of Immigration and Multicultural and Indigenous Affairs to the Department of Employment and Workplace Relations. Similar directives are given for other appropriations, each with specific dollar amounts and agency transfers listed in the schedule. The obligations imposed by this legislation are clear and directive, mandating the precise transfer of funds from the specified 'old agency' to the 'new agency' as outlined in the attached schedule. The Division Manager, Financial Reporting and Cash Management Division, Department of Finance and Administration, Anne Hazell, has the authority to direct these transfers under the provisions of the Financial Management and Accountability Act 1997. The document specifies the exact amounts and agencies involved in the transfer, leaving no ambiguity regarding the obligations of the involved parties. In terms of consequences for non-compliance with the provisions of this directive, there are no explicit penalties or civil or criminal consequences outlined within the legislative instrument itself. However, non-compliance with the directives under the Financial Management and Accountability Act 1997 could potentially lead to broader legal and administrative repercussions. These might include inquiries or audits by relevant oversight bodies, and possibly disciplinary actions against those responsible for the non-compliance within their respective agencies. The primary focus of this directive is to ensure the correct and lawful transfer of funds as stipulated, with the implied understanding that adherence to such legislative mandates is critical for maintaining financial accountability.