Financial Management and Accountability Act 1997 Determination 2008/22 – Section 32 (Transfer of Functions from the NWC to Environment)

Overview

The FMA Act Determination 2008/22 was enacted in 2008 to address the administrative changes resulting from the abolition and establishment of various Departments of State, as outlined in the Special Gazette No. S254. This determination allows for the transfer of appropriations from the National Water Commission (NWC) to the Department of the Environment, Water, Heritage and the Arts (DEWHA) in accordance with the Financial Management and Accountability Act 1997. This power to amend the Schedules of annual Appropriation Acts was delegated by the Minister for Finance and Deregulation to the Secretary of the Department of Finance and Deregulation under section 62 of the FMA Act. The transfer of appropriations from NWC to DEWHA was facilitated to ensure the annual Appropriation Acts accurately reflect the updated departmental arrangements. Both NWC and DEWHA were consulted during the preparation of this instrument, as required by the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2008/22 applies to the transfer of appropriations between the National Water Commission (NWC) and the Department of the Environment, Water, Heritage and the Arts (DEWHA) as a result of the administrative changes outlined in the Special Gazette No. S254. This determination, issued by the Minister for Finance and Deregulation, amends the Schedules of the annual Appropriation Acts to reflect the transfer of functions from NWC to DEWHA in accordance with the Financial Management and Accountability Act 1997. The authority to make this determination has been delegated to the Secretary of the Department of Finance and Deregulation under section 62 of the FMA Act. The determination specifically transfers $479,200.00 from the annual Appropriation Act (No. 1) 2007-2008 for NWC to the departmental item for DEWHA. Both NWC and DEWHA were consulted in the preparation of this instrument, which is considered a legislative instrument under the Legislative Instruments Act 2003.

Key Provisions

The FMA Act Determination 2008/22 (Section 32) enables the transfer of appropriations from the National Water Commission (NWC) to the Department of the Environment, Water, Heritage and the Arts (DEWHA) (subsection 32(2)). This determination is necessary due to the administrative arrangements order of 3 December 2007, which led to the abolition and establishment of various Departments of State, thus requiring amendments to the annual Appropriation Acts to reflect these changes. Specifically, it transfers $479,200.00 from the NWC's departmental item to DEWHA’s departmental item under the annual Appropriation Act (No. 1) 2007-2008. Under this determination, the Minister for Finance and Deregulation, or the Secretary of the Department of Finance and Deregulation, has the authority to amend the Schedules of annual Appropriation Acts to facilitate the transfer of appropriations between agencies as stipulated under the FMA Act (section 62). This authority is exercised to align budgetary allocations with the new departmental arrangements resulting from the administrative changes. Both the NWC and DEWHA were consulted during the preparation of this instrument, as mandated by the Legislative Instruments Act 2003, ensuring that the transfer is conducted with due consideration of the affected parties. The obligations imposed by this determination primarily involve ensuring that the appropriations are accurately transferred from the NWC to DEWHA. Both departments must comply with the amendment of the annual Appropriation Acts as per the determination. The process must be meticulously documented and reported to maintain transparency and accountability in the budgetary process. Breaching the provisions of this determination could lead to administrative penalties. Although specific offences and penalties are not detailed within this determination, non-compliance with legislative instruments generally may result in civil or criminal consequences under applicable laws. The severity of these consequences would depend on the nature and extent of the breach, with potential penalties ranging from fines to more severe legal actions as deemed necessary by the relevant authorities.