Financial Management and Accountability Act 1997 Determination 2008/26 - Section 32 (Transfer of Functions from the former DCITA to DBCDE)

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Legislation au F2008L01965 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 2008/26— Section 32 (Transfer of Functions from the former DCITA to DBCDE)

 

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 Communications, Information Technology and the Arts (DCITA) to the Department of Broadband, Communications and the Digital Economy (DBCDE).  The appropriation amounts transferred are as follows:

 

  • From annual Appropriation Act (No. 4) 2003-2004 an amount of $250,000.00 of the other departmental item (Equity Injections) for the former DCITA to the other departmental item (Equity Injections) for DBCDE;
  • From annual Appropriation Act (No. 1) 2004-2005 an amount of $40,442,592.93 of the departmental item for the former DCITA to the departmental item for DBCDE;
  • From annual Appropriation Act (No. 2) 2004-2005 an amount of $8,032.00 of the other departmental item (Equity Injections) for the former DCITA to the other departmental item (Equity Injections) for DBCDE;
  • From annual Appropriation Act (No. 3) 2005-2006 an amount of $1,980,000.00 of the departmental item for the former DCITA to the departmental item for DBCDE;
  • From annual Appropriation Act (No. 4) 2005-2006 an amount of $171,296.09 of the other departmental item (Equity Injections) for the former DCITA to the other departmental item (Equity Injections) for DBCDE;
  • From annual Appropriation (Regional Telecommunications Services) Act
    (No. 2) 2005-2006 an amount of $3,459,000.00 of the departmental item for the former DCITA to the departmental item DBCDE;
  • From annual Appropriation Act (No. 1) 2006-2007 an amount of $17,293,469.62 of the departmental item for the former DCITA to the departmental item DBCDE;
  • From annual Appropriation Act (No. 3) 2006-2007 an amount of $10,977,000.00 of the departmental item for the former DCITA to the departmental item DBCDE; and
  • From annual Appropriation Act (No. 4) 2006-2007 an amount of $83,029.67 of the other departmental item (Equity Injections) for the former DCITA to the other departmental item (Equity Injections) for DBCDE.

 

In accordance with the Legislative Instruments Act 2003, the former DCITA and DBCDE were consulted in the preparation of this instrument.

 

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

 

Revocation of Previous Instrument

This Determination revokes and replaces the Financial Management and Accountability Act 1997 Determination 2007/11 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of Broadband, Communications and the Digital Economy) made on 21 December 2007.

 

On 21 December 2007, a delegate of the Minister for Finance and Deregulation made the Financial Management and Accountability Act 1997 Determination 2007/11 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of Broadband, Communications and the Digital Economy). 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 21 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 21 December instrument with instruments which can be properly incorporated into the consolidations of the Appropriation Acts.  Some of the figures used in the 21 December instrument were incorrect, and these have been altered.

Savings Provision

So as to preserve the validity of any actions taken under the 21 December instrument a savings provision has been included in the new instrument which preserves the validity of appropriations transferred under the 21 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 2008/26, enacted in 2008, was introduced to address the administrative changes resulting from the abolition and establishment of Departments of State, as outlined in the Administrative Arrangements Order of 3 December 2007. This determination, issued by the Minister for Finance and Deregulation, is intended to amend Schedules to annual Appropriation Acts in accordance with the Financial Management and Accountability Act 1997. 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) by correcting previous errors and ensuring that the appropriations are accurately reflected in the relevant appropriation acts. This instrument replaces the earlier 21 December 2007 determination and includes a savings provision to preserve the validity of actions taken under the previous instrument.

Scope and Application

The FMA Act Determination 2008/26 pertains to the Commonwealth of Australia and applies 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). This transfer was necessitated by the administrative arrangements order of 3 December 2007, which led to the abolition and establishment of various Departments of State. The determination allows for the amendment of several annual Appropriation Acts to reflect these changes, specifically detailing the appropriation amounts to be transferred from DCITA to DBCDE. The transfers involve specific funds from various departmental items and equity injections, as outlined in the determination. This instrument, as a legislative instrument under the Legislative Instruments Act 2003, replaces the previous Financial Management and Accountability Act 1997 Determination 2007/11 to correct inaccuracies in the appropriation figures. The savings provision included in this determination preserves the validity of any actions taken under the previous instrument.

Key Provisions

Section 32 of the Financial Management and Accountability Act 1997 (FMA Act) empowers the Minister for Finance and Deregulation to amend Schedules of annual Appropriation Acts to facilitate the transfer of appropriations between agencies, as stipulated in subsection 32(2). This power has been delegated to the Secretary of the Department of Finance and Deregulation under section 62 of the FMA Act. The FMA Act Determination 2008/26 amends the Schedules of certain Appropriation Acts to reflect changes in departmental arrangements, specifically the transfer of functions from the former Department of Communications, Information Technology and the Arts (DCITA) to the Department of Broadband, Communications and the Digital Economy (DBCDE). The transfers involve specified amounts from various annual Appropriation Acts, such as $250,000.00 from the 2003-2004 Appropriation Act (No. 4) and $40,442,592.93 from the 2004-2005 Appropriation Act (No. 1), among others. The Act imposes specific obligations on the entities involved, primarily ensuring that the transfers of appropriations are accurately reflected in the amended Appropriation Acts. It mandates consultation with the former DCITA and DBCDE in the preparation of the instrument, as required by the Legislative Instruments Act 2003. The determination also requires that the savings provision preserves the validity of any actions taken under the previous instrument from 21 December 2007, ensuring that there is no legal gap or disruption in the appropriation transfers. Additionally, the Australian Government Solicitor was consulted in the making of this instrument, underscoring the importance of legal accuracy and compliance. Failure to adhere to the provisions of this Determination could lead to civil or criminal consequences, although the specific offences and penalties are not detailed in the text. However, under the Legislative Instruments Act 2003, any breach of the legislative instrument could potentially result in penalties as prescribed by law. The Determination revokes and replaces the previous Financial Management and Accountability Act 1997 Determination 2007/11, addressing inaccuracies in the earlier instrument and ensuring proper incorporation into the consolidations of the Appropriation Acts.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.