Financial Management and Accountability Act 1997 Determination 2007/05 – Section 32 (Transfer from the Department of Industry, Tourism and Resources to the Department of Innovation, Industry, Science and Research)

Overview

The FMA Act Determination 2007/05 was enacted in 2007 to address the administrative changes resulting from the reorganisation of Australian Government departments. Specifically, the determination was introduced to facilitate the transfer of appropriations between the Department of Industry, Tourism and Resources and the Department of Innovation, Industry, Science and Research, following the administrative arrangement order made by the Governor-General in Council on 3 December 2007. The purpose of this determination was to amend the Schedules of annual Appropriation Acts in order to reflect the changes in departmental arrangements. The determination was issued under the authority of the Minister for Finance and Deregulation and was made pursuant to section 32(2) of the Financial Management and Accountability Act 1997. No external consultation was undertaken, as the changes were of a machinery nature, and the determination is a legislative instrument under the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2007/05 is a legislative instrument issued under the Financial Management and Accountability Act 1997, allowing the transfer of appropriations from the Department of Industry, Tourism and Resources to the Department of Innovation, Industry, Science and Research as a result of administrative changes. The purpose of this determination is to amend the Schedules of the relevant annual Appropriation Acts to reflect the transfer of functions and associated appropriations between these departments. Specifically, the determination facilitates the transfer of funds from the Department of Industry, Tourism and Resources to the Department of Innovation, Industry, Science and Research, including specific amounts from various appropriation items and equity injections. This administrative change does not require external consultation as it pertains to the internal machinery of government departments. The determination is issued by the Minister for Finance and Deregulation and operates within the Commonwealth jurisdiction, affecting the financial management and accountability of government departments involved in the transfer.

Key Provisions

The FMA Act Determination 2007/05 under section 32 outlines the transfer of appropriations from the Department of Industry, Tourism and Resources to the Department of Innovation, Industry, Science and Research. This transfer is necessitated by the administrative arrangement order of 3 December 2007, which resulted in the abolition and establishment of various Departments of State. The determination facilitates amendments to the Schedules of annual Appropriation Acts to reflect the changes in departmental arrangements. Specifically, it details the transfer of funds from the Department of Industry, Tourism and Resources to the Department of Innovation, Industry, Science and Research as a result of these administrative changes. The obligations imposed by the Determination require the departments involved to ensure the smooth transfer of the specified appropriations. The Department of Industry, Tourism and Resources must formally transfer the designated funds to the Department of Innovation, Industry, Science and Research. This includes departmental items, administered items, equity injections, and administered assets and liabilities. Accurate record-keeping and compliance with the determination's provisions are essential to ensure that the financial management of these transferred funds aligns with the legislative requirements. The Determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, given its legislative nature, non-compliance with the transfer of appropriations as mandated by this determination could lead to legal ramifications. This includes potential scrutiny and enforcement actions by relevant authorities under the Financial Management and Accountability Act 1997 and the Legislative Instruments Act 2003. Given the critical nature of financial management and accountability in government operations, adherence to these provisions is crucial to avoid any legal or administrative repercussions.