Direction under section 32, Financial Management and Accountability Act 1997 - Adjustments of Appropriations on Change of Agency Functions (No. 8 of 2000-2001)

Overview

The Financial Management and Accountability Act 1997 (FMA Act) was enacted to address the need for improved financial management and accountability within the Australian government. This legislation was introduced to provide a framework that ensures public money is managed responsibly and transparently. The Act was enacted by the Parliament of Australia, reflecting the policy objective of enhancing the efficiency, effectiveness, and economy of government operations. The provided legislative instrument, issued under section 32 of the FMA Act, is a direction for the transfer of specific appropriation items from one government agency to another, ensuring compliance with the financial management requirements set forth in the Act. This direction, issued by Phillip Prior from the Commonwealth Financial Reporting Unit within the Department of Finance and Administration, facilitates the appropriate allocation of funds between agencies, thereby maintaining the integrity of the government's financial operations.

Scope and Application

This legislative instrument, issued under the Financial Management and Accountability Act 1997, pertains to the transfer of specific appropriation funds from one Commonwealth agency to another. The direction, signed by Phillip Prior, SES Band 2 of the Commonwealth Financial Reporting Unit, Department of Finance and Administration, outlines the transfer of funds allocated under the Appropriation Act (No. 1) 2000-2001, specifically detailing the transfer of $721,000 from the Federal Magistrates Service to the Family Court of Australia. The legislation applies to these two Commonwealth agencies and the specific appropriation item listed, ensuring that the financial resources are correctly reallocated as per the directive. The scope of this legislation is limited to the financial transfer specified and does not extend to other agencies, funds, or appropriation items outside of what is detailed in the attached schedule. The instrument does not mention any exclusions, exemptions, or thresholds, nor does it indicate any extensions or restrictions applied through subordinate instruments.

Key Provisions

The primary operative sections of the direction issued under section 32 of the Financial Management and Accountability Act 1997 (section 32(1)) involve the transfer of specific appropriations from one government agency to another. In this case, the direction mandates the transfer of $721,000 from the Departmental Outputs of the Federal Magistrates Service to the Family Court of Australia. This directive is intended to ensure the appropriate allocation of funds in accordance with the appropriations authorised by the Appropriation Act (No. 1) 2000-2001 (section 32(2)). The obligations and requirements imposed by this Act on the parties involved are primarily administrative and financial in nature. The issuing authority, Phillip Prior, must ensure that the specified funds are accurately transferred from the Federal Magistrates Service to the Family Court of Australia, as detailed in the attached schedule. Both agencies are required to comply with the direction and to properly record the transfer in their respective financial systems to maintain accurate and transparent financial records. Furthermore, the direction must be executed in accordance with the timelines and procedures outlined in the Financial Management and Accountability Act 1997. Breaches of the obligations and requirements set out in this direction could lead to various civil or criminal consequences. While the specific penalties are not detailed within the direction itself, the Financial Management and Accountability Act 1997 generally provides for sanctions in cases of non-compliance. These could include administrative penalties for minor breaches and more severe consequences, such as fines or imprisonment, for serious or wilful violations. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions within the broader legislative framework that govern financial management in Australian government agencies.