Financial Management and Accountability Act 1997 Determination 2008/25 - Section 32 (Transfer of Functions from the former DCITA to DBCDE)

Overview

The FMA Act Determination 2008/25 was enacted in 2008 to address the need for amending appropriations in the annual Appropriation Acts due to changes in departmental arrangements following the administrative arrangements order of 3 December 2007. This order resulted in the abolition and establishment of various Departments of State, necessitating adjustments to reflect these changes. Specifically, the determination facilitates the transfer of appropriations from the former Department of Communications, Information Technology and the Arts (DCITA) to the Department of Broadband, Communications and the Digital Economy (DBCDE). The objective is to ensure that the appropriation items are correctly allocated to the respective departments, as mandated by subsection 32(2) of the Financial Management and Accountability Act 1997. The determination was made under the authority of the Minister for Finance and Deregulation and has the effect of amending the Schedules concerned in accordance with the determination. This legislative instrument also revokes and replaces the previous determination made on 7 December 2007, correcting some of the figures used therein and including a savings provision to preserve the validity of actions taken under the earlier instrument.

Scope and Application

The FMA Act Determination 2008/25 pertains to the transfer of appropriations between the former Department of Communications, Information Technology and the Arts (DCITA) and the Department of Broadband, Communications and the Digital Economy (DBCDE) as mandated by the Financial Management and Accountability Act 1997. This determination facilitates the amendment of the annual Appropriation Acts to reflect the transfer of functions between these two departments, which was a consequence of changes in administrative arrangements. Specifically, it involves the transfer of specific appropriation amounts from the former DCITA to the DBCDE, including departmental and administered items. The determination applies to the Commonwealth level and is an administrative measure to ensure financial accountability and clarity in government funding following departmental restructuring. The authority to make this determination is derived from the FMA Act and has been delegated to the Secretary of the Department of Finance and Deregulation. This instrument also includes a savings provision to ensure the validity of any actions taken under a previously issued but now revoked instrument from 7 December 2007.

Key Provisions

The FMA Act Determination 2008/25 (sections 32(2)) authorises the transfer of appropriations from the former Department of Communications, Information Technology and the Arts (DCITA) to the Department of Broadband, Communications and the Digital Economy (DBCDE). This transfer is necessary due to the changes in departmental arrangements resulting from the administrative arrangements order of 3 December 2007. The appropriations to be transferred include $54,518,830.06 from the departmental item for the former DCITA to the departmental item for DBCDE, $494,634,555.42 from the administered item for Outcome 3 for the former DCITA to the administered item for Outcome 1 for DBCDE, and $147,000.00 from other departmental items (equity injections) for the former DCITA to DBCDE. These transfers are reflected in the annual Appropriation Acts (No. 1 and No. 2) 2007-2008. The Determination imposes specific obligations on the involved parties, including the requirement for the Secretary of the Department of Finance and Deregulation to consult with both the former DCITA and DBCDE during the preparation of the instrument. This ensures that the transfer of appropriations is accurately reflected and that the actions taken under the previous instrument remain valid. The Secretary's role is crucial in ensuring that the amendments to the Appropriation Acts are correctly implemented. The Australian Government Solicitor was also consulted in the making of this instrument, which underscores the importance of legal accuracy and compliance. Any breach of the provisions outlined in this Determination could result in civil or criminal consequences, though specific penalties are not detailed within the text of the Determination itself. The determination references the Legislative Instruments Act 2003, which may provide additional context for penalties and consequences for non-compliance with legislative instruments. The primary aim of the Determination is to ensure the smooth transition of appropriations between departments, thereby maintaining financial accountability and integrity in governmental operations. The savings provision included in the instrument aims to preserve the validity of any actions taken under the previous instrument, ensuring continuity and legal certainty.