Financial Management and Accountability Act 1997 Determination 2007/08 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of Health and Ageing)

Overview

The FMA Act Determination 2007/08 was enacted in 2007 to address the administrative changes resulting from the abolition and establishment of various Departments of State. This determination, issued by the Minister for Finance and Deregulation under the authority of the Financial Management and Accountability Act 1997 (FMA Act), allows for the transfer of appropriations between departments in response to these structural changes. Specifically, it facilitates the transfer of funds from the Department of Communications, Information Technology and the Arts to the Department of Health and Ageing. The transfers were necessitated by the administrative arrangement order of 3 December 2007, which was made by the Governor-General in Council. The objective of this determination is to ensure that the annual Appropriation Acts accurately reflect the changes in departmental arrangements and funding allocations. This legislative instrument was created under the authority of the Legislative Instruments Act 2003, and no external consultation was deemed necessary due to the nature of the changes being purely administrative. The determination seeks to maintain fiscal accountability and transparency by adjusting the appropriations schedules to align with the new departmental structures, ensuring that financial resources are correctly allocated according to the current governmental framework.

Scope and Application

The FMA Act Determination 2007/08 pertains to the transfer of appropriations from the Department of Communications, Information Technology and the Arts to the Department of Health and Ageing, necessitated by changes in departmental arrangements under the FMA Act. This legislative instrument amends the Schedules of the annual Appropriation Acts (No. 1) and (No. 2) for the financial year 2007-2008, transferring specific amounts of appropriations to reflect the new departmental structure. The transfer involves $17,719,543.24 from an administered item and $20,500,000 from the State, ACT, NT and local government item of the Department of Communications, Information Technology and the Arts. This determination is made under the authority of the Minister for Finance and Deregulation and applies to the Commonwealth of Australia, impacting the financial management and accountability of the transferred departments. The changes are of a machinery nature and did not require external consultation. The application of this Determination is limited to the specified appropriation transfers and does not extend beyond these financial adjustments.

Key Provisions

The FMA Act Determination 2007/08 (sections 32(2)) enables the transfer of appropriations from one department to another as a result of departmental restructuring. This particular determination facilitates the transfer of funds from the Department of Communications, Information Technology and the Arts to the Department of Health and Ageing due to the administrative arrangement changes mandated by the Governor-General in Council on 3 December 2007. The key operative sections of this determination include the transfer of $17,719,543.24 from the annual Appropriation Act (No. 1) 2007-2008 under one administered item of the Department of Communications, Information Technology and the Arts to the Department of Health and Ageing. Additionally, it transfers $20,500,000 from the State, ACT, NT and local government item of the annual Appropriation Act (No. 2) 2007-2008 to the Department of Health and Ageing. The obligations imposed by this Act primarily involve ensuring that the appropriations are correctly transferred to reflect the new departmental arrangements. The Secretary of the Department of Finance and Deregulation, acting under the delegated authority from the Minister for Finance and Deregulation, must ensure that these transfers are accurately reflected in the amended schedules of the annual Appropriation Acts. This includes meticulous record-keeping and reporting to maintain accountability and transparency in the financial management of the government. The determination does not specify any offences, penalties, or civil/criminal consequences for breaches, as the nature of the changes is administrative and machinery-oriented. However, failure to comply with the proper transfer of appropriations could potentially lead to financial mismanagement issues, which might attract scrutiny and corrective actions under other relevant legislation and internal government policies. It is important for the parties involved to adhere strictly to the provisions outlined in this determination to avoid any potential administrative or financial discrepancies.