Financial Management and Accountability Act 1997 Determination 2008/03 – Section 32 (Transfer of Functions from the Productivity Commission to Finance)

Overview

The FMA Act Determination 2008/03, issued under the authority of the Minister for Finance and Deregulation, was enacted in 2008 to facilitate the transfer of appropriations from the Productivity Commission to the Department of Finance and Deregulation. This determination was necessary to reflect the administrative changes resulting from the administrative arrangements order of 3 December 2007, which abolished and established various Departments of State. The purpose of this determination is to amend the relevant schedules of the annual appropriation acts to align with the changes in departmental arrangements and to transfer specified appropriation amounts. The determination was prepared in consultation with the Productivity Commission and Finance, as required by the Legislative Instruments Act 2003, and it serves to ensure the smooth transition of financial management in accordance with the FMA Act.

Scope and Application

The FMA Act Determination 2008/03 pertains to the transfer of appropriations between the Productivity Commission and the Department of Finance and Deregulation, now known as the Department of Finance, following the administrative changes outlined in Special Gazette No. S254. This determination is enacted under subsection 32(2) of the Financial Management and Accountability Act 1997, which empowers the Minister for Finance and Deregulation to amend appropriations schedules in connection with function transfers between agencies. This authority has been delegated to the Secretary of the Department of Finance and Deregulation. The specific appropriations being transferred total $1,904,458.00 from the 2007-2008 Appropriation Act (No. 1) and $659,407.55 from the 2006-2007 Appropriation Act (No. 3), both originating from the Productivity Commission and directed to the Department of Finance. The determination is a legislative instrument under the Legislative Instruments Act 2003 and reflects consultations with the Productivity Commission and the Department of Finance as required by the Act.

Key Provisions

The main operative sections of the FMA Act Determination 2008/03 are sections 32 and 62 of the Financial Management and Accountability Act 1997 (FMA Act). Section 32(2) allows the Minister for Finance and Deregulation to transfer appropriations between agencies by amending the Schedules to annual Appropriation Acts. This power has been delegated to the Secretary of the Department of Finance and Deregulation under section 62 of the FMA Act. This determination specifically facilitates the transfer of appropriations from the Productivity Commission to the Department of Finance and Deregulation following changes in departmental arrangements due to the administrative arrangements order of 3 December 2007. The obligations and requirements imposed by this Act include the necessity for the Minister for Finance and Deregulation to consult with relevant parties, such as the Productivity Commission and the Department of Finance and Deregulation, in the preparation of this instrument. Additionally, the Act mandates the amendment of the Schedules to the annual Appropriation Acts to reflect the transfer of specified appropriation amounts from the Productivity Commission to the Department of Finance and Deregulation. These amendments must be made in accordance with the provisions of the Legislative Instruments Act 2003, ensuring that the changes are formally documented and published. Breach of the provisions outlined in this Act could result in legal consequences, although specific offences, penalties, or consequences are not detailed within the text of this determination. However, the Legislative Instruments Act 2003 requires that all legislative instruments, including this determination, must be prepared, published, and registered as prescribed. Failure to comply with these requirements could lead to administrative penalties or other consequences as prescribed by the Act. The maximum penalties for such breaches are not explicitly stated in the provided text, but they would typically be governed by the relevant legislative framework. Overall, the Act serves to facilitate the administrative adjustments required by changes in departmental arrangements, ensuring that financial allocations are appropriately reflected in the annual Appropriation Acts. This determination is essential for maintaining the integrity and accuracy of financial management and accountability within the Australian government framework.