Financial Management and Accountability Act 1997 Determination 2007/11 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of Broadband, Communications and the Digital Economy)

Overview

The FMA Act Determination 2007/11 was enacted to facilitate the transfer of appropriations between departments as a result of administrative changes, specifically the transfer from the Department of Communications, Information Technology and the Arts to the Department of Broadband, Communications and the Digital Economy. The determination was made under the Financial Management and Accountability Act 1997 (FMA Act), allowing the Minister for Finance and Deregulation, through delegation to the Secretary of the Department of Finance and Deregulation, to amend the Schedules of annual Appropriation Acts to reflect the departmental changes. The determination was necessary following the administrative arrangement order of 3 December 2007, which led to the abolition and establishment of Departments of State, as reflected in Gazette No. S254. The purpose of this determination is to ensure that the appropriations are correctly allocated to the new department, maintaining the integrity and continuity of financial management.

Scope and Application

The FMA Act Determination 2007/11, issued under the authority of the Minister for Finance and Deregulation, pertains to the transfer of appropriations from the Department of Communications, Information Technology and the Arts to the Department of Broadband, Communications and the Digital Economy. This determination is necessary following changes in departmental arrangements as reflected in Gazette No. S254. It allows for the amendment of specific Schedules in various annual Appropriation Acts to accurately reflect these changes. The appropriations being transferred encompass amounts from different years, including those related to departmental and other items such as equity injections. The determination is a legislative instrument under the Legislative Instruments Act 2003, and no external consultation was undertaken as the changes are of a machinery nature. The Secretary of the Department of Finance and Deregulation has been delegated the authority to make such determinations under section 62 of the FMA Act, ensuring the financial management and accountability framework remains aligned with the current administrative structure.

Key Provisions

This determination, under the Financial Management and Accountability Act 1997 (section 32(2)), allows for the transfer of appropriations from the Department of Communications, Information Technology and the Arts to the Department of Broadband, Communications and the Digital Economy, reflecting recent administrative changes in departmental arrangements. The purpose of this transfer is to ensure that the financial allocations align with the new departmental structure following the establishment and abolition of departments as outlined in the Governor-General in Council's administrative arrangement order of 3 December 2007. The appropriations transferred include specific amounts from various annual appropriation acts and the Appropriation (Regional Telecommunications Services) Act 2005-2006, as detailed in the explanatory statement. These appropriations range from equity injections to departmental items, and the amounts involved vary significantly across the different acts. The obligations imposed by this determination on the relevant parties, primarily the Department of Finance and Deregulation, include ensuring the accuracy and appropriateness of the appropriations transferred. The Secretary of the Department of Finance and Deregulation, who has been delegated this power under section 62 of the FMA Act, must ensure that the amendments to the annual appropriation acts accurately reflect the transfer of functions and associated funds. This includes maintaining proper records and documentation that detail the transfer, ensuring that all legislative requirements are met, and that the new departmental arrangements are financially viable and supported by the necessary appropriations. Breaching the requirements of this determination could have serious consequences, although the specific offences, penalties, or consequences are not detailed within the determination itself. Generally, under the FMA Act, any improper use of appropriations or failure to comply with the legislative requirements could result in administrative penalties or legal action. The penalties for such breaches could potentially include fines or other financial penalties, as well as legal repercussions for individuals or entities involved in the mismanagement of funds. The exact nature and severity of these penalties would depend on the specific circumstances of the breach and the relevant provisions of the FMA Act and other applicable legislation.