Financial Management and Accountability Act 1997 - Determination 2008/13 – Section 32 (Transfer of Functions from former DITR to DIISR)

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Legislation au F2008L01268 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Finance and Deregulation

 

FMA Act Determination 2008/13— Section 32 (Transfer of Functions from the former DITR to DIISR)

 

Subsection 32(2) of the Financial Management and Accountability Act 1997 (FMA Act) provides that the Minister for Finance and Deregulation (Finance Minister) may, by determination, amend Schedules to annual Appropriation Acts to transfer appropriations in connection with the transfer of a function between agencies under the FMA Act. The determination has the effect of amending the Schedules concerned in accordance with the determination.

 

This power has been delegated from the Finance Minister to the Secretary of the Department of Finance and Deregulation under section 62 of the FMA Act.

 

Special Gazette No. S254 reflects the administrative arrangements order of
3 December 2007, made by the Governor-General in Council, which resulted in the abolition and establishment of Departments of State. As a result of these changes various annual Appropriation Acts require amendment in order to reflect the changes in departmental arrangements.

 

The purpose of this Determination is to allow a transfer of appropriations from the former Department of Industry, Tourism and Resources (DITR) to the Department of Innovation, Industry, Science and Research (DIISR).  The appropriation amounts transferred are as follows:

 

  • From annual Appropriation Act (No. 1) 2004-2005 an amount of $111,600.50 of the administered item for Outcome 1 for the former DITR to the administered item for Outcome 1 for DIISR.
  • From annual Appropriation Act (No. 1) 2005-2006 an amount of $3,738,697.00 of the administered item for Outcome 1 for the former DITR to the administered item for Outcome 1 for DIISR.
  • From annual Appropriation Act (No. 1) 2006-2007 an amount of $10,252,941.44 of the administered item for Outcome 1 for the former DITR to the administered item for Outcome 1 for DIISR.
  • From annual Appropriation Act (No. 2) 2006-2007 an amount of $396,208.66 of the States, ACT, NT and local government item for Outcome 1 for the former DITR to the States, ACT, NT and local government item for
    Outcome 1 for DIISR.
  • From annual Appropriation Act (No. 1) 2007-2008 an amount of $170,913,709.48 of the departmental item for the former DITR to the departmental item for DIISR.
  • From annual Appropriation Act (No. 1) 2007-2008 an amount of $174,536,374.78 of the administered item for Outcome 1 for the former DITR to the administered item for Outcome 1 for DIISR.
  • From annual Appropriation Act (No. 1) 2007-2008 an amount of $152,856,524.30 of the administered item for Outcome 2 for the former DITR to the administered item for Outcome 2 for DIISR.
  • From annual Appropriation Act (No. 2) 2007-2008 an amount of $32,038,132.49 of the administered assets and liabilities item for the former DITR to the administered assets and liabilities item for DIISR.
  • From annual Appropriation Act (No. 2) 2007-2008 an amount of $12,156,740.00 of equity injections for the former DITR to equity injections for DIISR.

 

 

In accordance with the Legislative Instruments Act 2003, the former DITR to DIISR were consulted in the preparation of this instrument.

 

Revocation of Previous Instrument

This Determination revokes and replaces the Financial Management and Accountability Act 1997 Determination 2007/05 – Section 32 (Transfer from the Department of Industry, Tourism and Resources to the Department of Innovation, Industry, Science and Research) made on 7 December 2007.

 

On 7 December 2007, a delegate of the Minister for Finance and Deregulation made the Financial Management and Accountability Act 1997 Determination 2007/05 – Section 32 (Transfer from the Department of Industry, Tourism and Resources to the Department of Innovation, Industry, Science and Research). That determination provided for the amendment of Appropriation Acts, and was expressed to take effect from 3 December 2007, as permitted by s 32(8) of the FMA Act.

The 7 December instrument had the intended effect, of, altering the Appropriation Acts to provide that appropriation items were transferred between the relevant Agencies.

It has now become desirable to replace the 7 December instrument with instruments which can be properly incorporated into the consolidations of the Appropriation Acts.  Some of the figures used in the 7 December instrument were incorrect, and these have been altered.

Savings Provision

So as to preserve the validity of any actions taken under the 7 December instrument a savings provision has been included in the new instrument which preserves the validity of appropriations transferred under the 7 December instrument.

 

The Australian Government Solicitor was consulted in the making of this instrument.

The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Overview

The FMA Act Determination 2008/13, issued under the Financial Management and Accountability Act 1997 (FMA Act), was enacted to facilitate the transfer of appropriations between departments following a reorganisation of government agencies. This determination was made by the Minister for Finance and Deregulation and delegates the authority to amend annual Appropriation Acts as necessary to reflect changes in departmental arrangements. Specifically, the determination addresses the transfer of appropriations from the former Department of Industry, Tourism and Resources (DITR) to the Department of Innovation, Industry, Science and Research (DIISR), following administrative changes that took effect on 3 December 2007. The objective is to ensure that financial allocations are correctly aligned with the new departmental structures. The previous determination, FMA Act Determination 2007/05, is revoked and replaced to correct errors and facilitate proper consolidation of the Appropriation Acts. A savings provision is included to preserve the validity of actions taken under the earlier instrument.

Scope and Application

The FMA Act Determination 2008/13 pertains to the transfer of appropriations from the former Department of Industry, Tourism and Resources (DITR) to the Department of Innovation, Industry, Science and Research (DIISR) as part of the broader administrative changes necessitated by the abolition and establishment of Departments of State. This determination, issued under the authority of the Minister for Finance and Deregulation, specifically amends the Schedules of various annual Appropriation Acts to reflect the reallocation of funds resulting from these departmental changes. The determination applies to appropriations as outlined in the respective Appropriation Acts, ensuring that the financial allocations are accurately adjusted to mirror the new departmental structures. This adjustment is necessary to maintain the integrity and functionality of the government's financial management processes. The savings provision included in the determination ensures that any actions taken under the previous instrument remain valid, preserving the legality of the appropriations transferred. This legislative instrument operates under the framework of the Financial Management and Accountability Act 1997, and its effect is limited to the Commonwealth of Australia, aligning with the jurisdictional scope of the FMA Act.

Key Provisions

The main operative sections of the FMA Act Determination 2008/13 (F2008L01268) amend Schedules to annual Appropriation Acts to transfer appropriations between agencies. Section 32(2) of the Financial Management and Accountability Act 1997 (FMA Act) allows the Minister for Finance and Deregulation to transfer appropriations, which has been delegated to the Secretary of the Department of Finance and Deregulation. This determination specifically addresses the transfer of functions and appropriations from the former Department of Industry, Tourism and Resources (DITR) to the Department of Innovation, Industry, Science and Research (DIISR) due to administrative changes. The appropriations transferred include specific amounts from various annual Appropriation Acts, such as $111,600.50 from the 2004-2005 Act and $170,913,709.48 from the 2007-2008 Act. The Act imposes obligations on the relevant parties to ensure that the transfers are correctly implemented and recorded in the Appropriation Acts. The former DITR and the DIISR were consulted in the preparation of this instrument, ensuring that the changes reflect the actual departmental arrangements and financial allocations. The Australian Government Solicitor was also consulted, highlighting the importance of legal accuracy in the amendments. Additionally, a savings provision has been included to preserve the validity of any actions taken under the previous instrument, ensuring continuity and legal certainty. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for breaches of this Determination. However, the Legislative Instruments Act 2003 provides a framework under which such instruments are made, and any failure to comply with legislative requirements could potentially lead to legal challenges or administrative actions. The primary focus of the Determination is on administrative adjustments and ensuring that the appropriations are accurately reflected in the legislative records to align with the new departmental structures.

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