Financial Management and Accountability Act 1997 Determination 2008/05 – Section 32 (Transfer of Functions from PM&C to Finance)

Overview

The FMA Act Determination 2008/05, enacted under the authority of the Minister for Finance and Deregulation, amends Schedules to annual Appropriation Acts to facilitate the transfer of appropriations related to the transfer of functions between agencies under the Financial Management and Accountability Act 1997 (FMA Act). This legislative instrument was introduced to address the administrative changes resulting from the administrative arrangements order of 3 December 2007, which led to the abolition and establishment of various Departments of State. As a consequence, adjustments to the annual Appropriation Acts were necessary to reflect these changes in departmental arrangements. The policy objective of this Determination is to enable the transfer of appropriations from the Department of the Prime Minister and Cabinet (PM&C) to the Department of Finance and Deregulation (Finance), with a specific transfer of $327,331.19 from the departmental item for PM&C to the departmental item for Finance from the annual Appropriation Act (No. 1) 2005-2006. The enactment process involved consultation with PM&C and Finance, and the Determination is recognised as a legislative instrument under the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2008/05 applies to the transfer of appropriations between the Department of the Prime Minister and Cabinet and the Department of Finance and Deregulation, reflecting changes in departmental arrangements due to administrative arrangements orders. This legislation allows for the amendment of annual Appropriation Acts to facilitate the reallocation of funds in line with the structural changes within the Commonwealth government, specifically the transfer of functions between these departments. The Determination was made under the authority delegated to the Secretary of the Department of Finance and Deregulation, and it amends the appropriation amounts accordingly, transferring $327,331.19 from the PM&C to the Finance department. This legislative instrument ensures that the financial allocations in the annual Appropriation Acts remain accurate and reflective of the current departmental structures, adhering to the provisions of the Financial Management and Accountability Act 1997.

Key Provisions

The FMA Act Determination 2008/05 (Section 32) enables the transfer of appropriations between departments under the Financial Management and Accountability Act 1997 (FMA Act). Pursuant to this determination, specific appropriations are transferred from the Department of the Prime Minister and Cabinet (PM&C) to the Department of Finance and Deregulation (Finance), as per the administrative changes outlined in Special Gazette No. S254. This transfer specifically includes $327,331.19 from the annual Appropriation Act (No. 1) 2005-2006. The obligations imposed by this Determination require the Finance Minister, or the Secretary of the Department of Finance and Deregulation as their delegate, to ensure that the appropriations are correctly transferred to reflect the new departmental arrangements. This includes updating the relevant Schedules of annual Appropriation Acts to align with the changes. Such amendments are necessary to maintain accurate financial records and accountability in accordance with the FMA Act. Both PM&C and Finance were consulted in the preparation of this instrument, ensuring that the changes are implemented smoothly and with due consideration of their implications. Failure to comply with the provisions of this Determination could result in breaches of the FMA Act. While the Determination itself does not explicitly outline specific offences or penalties for non-compliance, breaches of the FMA Act may lead to civil or criminal consequences. The severity of these consequences would depend on the nature and extent of the breach, and could include fines, penalties, or other corrective actions as deemed appropriate by the relevant authorities. The overarching aim is to uphold the integrity and transparency of financial management within the Australian government.