Financial Management and Accountability Act 1997 Determination 2008/08 – Section 32 (Transfer of Functions from FaHCSIA to DEEWR)

Overview

The FMA Act Determination 2008/08, enacted under the authority of the Minister for Finance and Deregulation, addresses the need to amend the appropriations schedules of certain annual appropriation acts to reflect the transfer of functions between the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) and the Department of Education, Employment and Workplace Relations (DEEWR). This determination was necessitated by administrative arrangements changes that abolished and established various Departments of State, necessitating updates to the appropriation acts to align with the new departmental structures. The primary objective of this determination is to facilitate the transfer of specific appropriations from FaHCSIA to DEEWR, ensuring that the financial allocations accurately reflect the current departmental responsibilities and arrangements. This determination is made under the delegated authority of the Secretary of the Department of Finance and Deregulation, in accordance with the Financial Management and Accountability Act 1997 and the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2008/08 pertains to the transfer of appropriations between the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) and the Department of Education, Employment and Workplace Relations (DEEWR) as a result of changes in departmental arrangements. This determination applies specifically to the Finance Minister and is exercised under subsection 32(2) of the Financial Management and Accountability Act 1997, with the authority delegated to the Secretary of the Department of Finance and Deregulation. The adjustments to appropriations reflect the administrative arrangements order of 3 December 2007, which led to the abolition and establishment of various departments. The determination details the specific amounts transferred from FaHCSIA to DEEWR across different annual appropriation acts, ensuring the financial records accurately represent the new departmental structures. The geographic and jurisdictional reach of this determination is confined to the Commonwealth level, specifically addressing the transfer of appropriations within federal government departments. There are no stated exclusions or exemptions in this determination; however, its scope is limited to the financial reallocations necessitated by the specified administrative changes.

Key Provisions

The FMA Act Determination 2008/08 (section 32) facilitates the transfer of appropriations between the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) and the Department of Education, Employment and Workplace Relations (DEEWR). This transfer of funds is authorised under subsection 32(2) of the Financial Management and Accountability Act 1997 (FMA Act) and has been enacted through a determination by the Minister for Finance and Deregulation. This determination is intended to align the appropriations with the recent administrative changes, as detailed in Special Gazette No. S254, which reflects the administrative arrangements order of 3 December 2007. Specifically, the determination transfers various amounts from FaHCSIA to DEEWR to reflect the new departmental arrangements. The amounts transferred include $7,052.45 from Outcome 2 of FaHCSIA to Outcome 5 of DEEWR, $141,981,758.29 from Outcome 3 of FaHCSIA to Outcome 1 of DEEWR, $16,168,312.44 from the States, ACT, NT and local government item of FaHCSIA to the corresponding item for DEEWR, and $4,233,000.00 from Outcome 1 of FaHCSIA to Outcome 1 of DEEWR under the annual Appropriation (Northern Territory National Emergency Response) Act 2007-2008. The obligations under this determination primarily involve ensuring that the transferred appropriations are accurately reflected in the relevant annual Appropriation Acts. This includes administrative tasks such as updating the schedules of the Acts to reflect the new allocations. The determination also requires that both FaHCSIA and DEEWR are consulted in the preparation of this instrument, as stipulated in the Legislative Instruments Act 2003. This ensures that the departments affected by the transfer are informed and can provide any necessary input or feedback before the determination is finalised. Failure to comply with the provisions of this determination could result in administrative discrepancies and potential financial mismanagement. While the determination itself does not explicitly outline specific offences, penalties, or consequences for breaches, non-compliance with the FMA Act could lead to broader legal and financial repercussions. Under the FMA Act, breaches may be subject to penalties, including fines, and could also result in civil or criminal liability depending on the nature and extent of the breach. The maximum penalties under the FMA Act can vary, but they are designed to enforce accountability and integrity in the management of public funds.