Direction under section 32, Financial Management and Accountability Act 1997 - Adjustments of Appropriations on Change of Agency Functions (No. 9 of 2002-2003)

Overview

The Financial Management and Accountability Act 1997, enacted by the Parliament of Australia, was introduced to ensure the sound financial management of Commonwealth entities, promoting transparency and accountability. The Act provides the legal framework for the financial administration of the Commonwealth and its entities, emphasising the importance of responsible fiscal management. This legislative instrument, F2007B00819, represents a direction under section 32 of the Act, demonstrating its application in reallocating appropriations between agencies. In this particular instance, Phil Bowen, the General Manager of the Budget Group in the Department of Finance and Administration, directs the transfer of funds from the Administrative Appeals Tribunal to the Federal Court of Australia for the specified appropriation item, as listed in the attached schedule. The policy objective underpinning this direction is to facilitate efficient financial management across government agencies, ensuring that resources are allocated in accordance with the legislative intent and financial requirements.

Scope and Application

The legislative instrument F2007B00819, which operates under the provisions of section 32 of the Financial Management and Accountability Act 1997, pertains specifically to the transfer of specified funds between government agencies. In this case, Phil Bowen, the General Manager of the Budget Group within the Department of Finance and Administration, is the authority issuing the direction. The directive mandates the transfer of funds from the 'old agency' to the 'new agency' as outlined in the attached schedule, with details such as the appropriation item, the original and new agencies involved, and the monetary amount specified in the relevant columns. This instrument applies to the entities listed in the schedule, which in this instance involves the transfer of $84,000 from the Departmental Outputs - Outcome 1 of the Administrative Appeals Tribunal to the Federal Court of Australia. The jurisdictional reach of this Act is confined to the Commonwealth level, impacting the financial management practices within specified government departments and agencies. The Act does not explicitly state any exclusions, exemptions, or thresholds within this particular instrument, although broader exclusions or conditions might be defined in the overarching Financial Management and Accountability Act 1997.

Key Provisions

The main operative sections of the legislative instrument, as per section 32 of the Financial Management and Accountability Act 1997, involve the transfer of specific funds from one government agency to another. This direction is executed by Phil Bowen, the General Manager of the Budget Group in the Department of Finance and Administration. The attached schedule details the appropriation items, the old and new agencies involved, and the exact monetary amounts to be transferred (section 32). This legislative instrument focuses on the transfer of funds from the Departmental Outputs - Outcome 1 of the Administrative Appeals Tribunal to the Federal Court of Australia, amounting to $84,000 under the Appropriation Act (No. 1) 2002-2003. The obligations and requirements imposed by this Act on the relevant parties include the compliance with the financial management practices as outlined in the Financial Management and Accountability Act 1997. The General Manager of the Budget Group must ensure that the transfer of funds is accurately documented and executed in accordance with the legislative direction. The agencies involved, namely the Administrative Appeals Tribunal and the Federal Court of Australia, must acknowledge the receipt of the funds and account for them in their respective financial records. The transfer must be completed by the specified date, 23 December 2002, as stated in the direction (section 32). There are no explicit offences, penalties, or civil/criminal consequences outlined in the legislative instrument itself for breach of this direction. However, any failure to comply with the provisions of the Financial Management and Accountability Act 1997 could potentially lead to civil or criminal liability under the broader legislative framework. The maximum penalties for breaches of the Act could include fines or imprisonment, depending on the severity of the breach and the specific provisions of the Act that are contravened. It is important for the agencies involved to adhere to the financial management requirements to avoid any repercussions under the overarching legislation.