DIRECTION UNDER SECTION 32, FINANCIAL MANAGEMENT AND ACCOUNTABILITY ACT 1997
I, Jim Kerwin, SES Band 2, 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 | $ |
| | | |
Appropriation Act (No. 1) 2000-2001 Departmental Outputs | Department of Finance and Administration | Department of Foreign Affairs and Trade | 3,080,000 |
Appropriation Act (No. 1) 2000-2001 Departmental Outputs | Department of Finance and Administration | Office of Asset Sales and Information Technology Outsourcing | 2,700,000 |
Jim Kerwin
14 November 2000 No. 7 of 2000-2001
Overview
The Financial Management and Accountability Act 1997 (FMA Act) was enacted by the Commonwealth Parliament to provide a framework for effective financial management, accountability and control within the Australian Government. This legislative instrument, issued under section 32 of the FMA Act, directs the transfer of specific funds from one agency to another. The policy objective of the FMA Act is to ensure that public moneys are managed and accounted for with transparency and integrity, thereby enhancing the efficiency and effectiveness of government operations. This particular instrument, dated 14 November 2000, facilitates the reallocation of appropriations to better align with the operational needs and strategic priorities of the relevant agencies. The transfer of funds as specified in this instrument supports the broader goal of ensuring that government resources are allocated in a manner that reflects the current policy objectives and service delivery requirements.
Scope and Application
The Legislative Instrument F2007B00806 is a direction issued under section 32 of the Financial Management and Accountability Act 1997. This Act applies to entities within the Australian Public Service that require financial management oversight, and this particular direction concerns the transfer of specific funds between agencies. The direction applies to the 'old agency', the Department of Finance and Administration, and the 'new agencies', the Department of Foreign Affairs and Trade and the Office of Asset Sales and Information Technology Outsourcing. The financial transactions outlined in this direction pertain to appropriations from the Appropriation Act (No. 1) 2000-2001, involving specific amounts of $3,080,000 and $2,700,000 respectively. The geographic and jurisdictional reach of this direction is limited to Commonwealth entities as it concerns the reallocation of funds within the federal government. There are no stated exclusions, exemptions, or thresholds in this direction; however, the Act allows for the extension or restriction of application through subordinate instruments. This direction is a clear and specific application of the Act’s provisions for the reallocation of funds among Commonwealth agencies.
Key Provisions
The operative sections of this legislative instrument, issued under section 32 of the Financial Management and Accountability Act 1997, mandate the transfer of specified funds from one government agency to another. This direction, issued by Jim Kerwin, SES Band 2 from the Commonwealth Financial Reporting Unit, Department of Finance and Administration, is dated 14 November 2000, and pertains to appropriations listed in the attached schedule (Section 32). It is clear from the document that certain appropriations under the Appropriation Act (No. 1) 2000-2001 need to be reallocated from the Department of Finance and Administration to either the Department of Foreign Affairs and Trade or the Office of Asset Sales and Information Technology Outsourcing. The exact amounts to be transferred are specified in column 4 of the schedule, with a total of $3,080,000 to be transferred to the Department of Foreign Affairs and Trade and $2,700,000 to the Office of Asset Sales and Information Technology Outsourcing.
The obligations and requirements imposed by this Act are straightforward. The Department of Finance and Administration is mandated to ensure the specified funds are transferred accurately and promptly to the new agencies as directed. The Office of Asset Sales and Information Technology Outsourcing and the Department of Foreign Affairs and Trade must also ensure they are prepared to receive these funds and account for them in their financial records accordingly. Proper documentation and accounting practices must be followed to ensure transparency and compliance with financial management standards.
The legislation does not explicitly outline specific offences or penalties for non-compliance within the document itself. However, under the broader authority of the Financial Management and Accountability Act 1997, failure to comply with directions issued under section 32 could result in significant civil or criminal consequences. Such consequences could include financial penalties, legal action, and potential damage to the reputation of the involved agencies. The Act mandates adherence to the highest standards of financial accountability, and non-compliance could be viewed as a serious breach of this duty.