Financial Management and Accountability Act 1997 Determination 2008/11 – Section 32 (Transfer of Functions from DITRDLG to AGD)

Overview

The FMA Act Determination 2008/11 was enacted to address the administrative changes resulting from the administrative arrangements order of 3 December 2007, which involved the abolition and establishment of various Departments of State. This determination, issued by the Authority of the Minister for Finance and Deregulation, specifically aims to facilitate the transfer of appropriations between the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG) and the Attorney-General’s Department (AGD) as per the Financial Management and Accountability Act 1997 (FMA Act). The determination allows for the amendment of Schedules in annual Appropriation Acts to reflect these changes, ensuring that the financial allocations are appropriately adjusted in line with the new departmental arrangements. This was achieved through the transfer of functions under the FMA Act, and the determination was prepared in consultation with the relevant departments as required by the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2008/11 pertains to the transfer of appropriations between the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG) and the Attorney-General's Department (AGD), as authorised under section 32 of the Financial Management and Accountability Act 1997. This legislative instrument facilitates the amendment of relevant schedules within the annual Appropriation Acts to reflect the transfer of specific financial allocations from DITRDLG to AGD, necessitated by the administrative changes outlined in the administrative arrangements order of 3 December 2007. The determination specifically transfers $2,401,285.50 from the annual Appropriation Act (No. 3) 2005-2006 and $5,147,988.00 from the annual Appropriation Act (No. 1) 2007-2008. This instrument is applicable to the Commonwealth of Australia and impacts the financial allocations of the specified departments, ensuring that budgetary provisions are aligned with the current departmental arrangements. The creation of this determination was undertaken in consultation with DITRDLG and AGD, as required by the Legislative Instruments Act 2003.

Key Provisions

The FMA Act Determination 2008/11 (Section 32) involves the transfer of appropriations from the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG) to the Attorney-General’s Department (AGD) to reflect the administrative changes resulting from the abolition and establishment of Departments of State. This determination amends the Schedules of the annual Appropriation Acts (No. 3) 2005-2006 and (No. 1) 2007-2008 by transferring a specified amount of funds from DITRDLG to AGD. Specifically, it transfers $2,401,285.50 from the 2005-2006 Act and $5,147,988.00 from the 2007-2008 Act. These appropriations are moved to align with the new departmental arrangements as outlined in the administrative arrangements order of 3 December 2007. The obligations imposed by this Determination on the relevant parties include ensuring that the transfer of funds is accurately reflected in the annual Appropriation Acts. Both DITRDLG and AGD were consulted in the preparation of this instrument, in accordance with the Legislative Instruments Act 2003. This requirement underscores the need for consultation to ensure the legitimacy and accuracy of the transfer, as well as to maintain transparency and accountability in the appropriation process. The determination itself is a legislative instrument, subject to the provisions of the Legislative Instruments Act 2003, which governs the making of legislative instruments by the executive government. In terms of consequences for non-compliance, the FMA Act Determination 2008/11 does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach. However, as a legislative instrument, failure to comply with the determination could potentially lead to broader legal or administrative repercussions under the applicable acts and regulations. The primary focus is on ensuring that the appropriations are correctly transferred and reflected in the financial records, thereby maintaining the integrity of the governmental financial management system.