Financial Management and Accountability Act 1997 Determination 2008/24 - Section 32 (Transfer of Functions from DIISR to ARC)

Overview

The FMA Act Determination 2008/24 was enacted in 2008 under the authority of the Financial Management and Accountability Act 1997. This legislation was introduced to address the need for adjusting appropriations within the annual Appropriation Acts following the reorganisation of Departments of State, particularly the transfer of functions from the Department of Innovation, Industry, Science and Research (DIISR) to the Australian Research Council (ARC). The enactment of this determination ensures that financial allocations are correctly aligned with the new departmental structures, facilitating efficient budget management and accountability. This was authorised by the Minister for Finance and Deregulation, who has the power to amend appropriation schedules as specified in section 32 of the FMA Act, with the intent of streamlining the financial processes in light of administrative changes.

Scope and Application

The FMA Act Determination 2008/24 pertains to the transfer of appropriations from the Department of Innovation, Industry, Science and Research (DIISR) to the Australian Research Council (ARC), as authorised under section 32(2) of the Financial Management and Accountability Act 1997 (FMA Act). This instrument was issued by the Minister for Finance and Deregulation, who has the authority to amend the Schedules of annual Appropriation Acts to reflect the transfer of functions between agencies under the FMA Act. This particular determination serves to adjust the appropriations in light of administrative changes that resulted in the abolition and establishment of certain Departments of State, as per the administrative arrangements order of 3 December 2007. The transfer specifically concerns $4,320,000.00 in other departmental items (Equity Injections) from DIISR to ARC, as detailed in annual Appropriation Act (No. 4) 2007-2008. Both DIISR and ARC were consulted during the preparation of this instrument, which is a legislative instrument under the Legislative Instruments Act 2003.

Key Provisions

The main operative sections of the FMA Act Determination 2008/24 (subsection 32(2)) allow the Minister for Finance and Deregulation to transfer appropriations between agencies under the Financial Management and Accountability Act 1997 (FMA Act). This power has been delegated to the Secretary of the Department of Finance and Deregulation, enabling the amendment of annual Appropriation Acts to reflect changes in departmental arrangements. Specifically, this determination facilitates the transfer of appropriations from the Department of Innovation, Industry, Science and Research (DIISR) to the Australian Research Council (ARC). For example, it transfers $4,320,000.00 from DIISR to ARC as part of the other departmental items (Equity Injections) in the annual Appropriation Act (No. 4) 2007-2008. This determination imposes certain obligations on the parties involved, particularly the DIISR and ARC. Both entities were consulted in the preparation of this instrument, as required by the Legislative Instruments Act 2003. The purpose of these consultations is to ensure that the transfer of appropriations aligns with the operational needs and objectives of both the transferring and receiving entities. The determination also necessitates that the changes be reflected accurately in the annual Appropriation Acts, maintaining transparency and accountability in the allocation of funds. The determination itself does not explicitly outline specific offences, penalties, or consequences for breach. However, any failure to comply with the provisions of the FMA Act or the terms of the determination could potentially result in legal and administrative repercussions. These might include financial penalties, audits, or other enforcement actions under the FMA Act. The specific consequences would depend on the nature and severity of the breach, and would be addressed in accordance with the relevant sections of the FMA Act. The importance of adhering to the terms of the determination and the underlying legislation cannot be overstated, as it ensures the integrity of the financial management processes within the government.