Financial Management and Accountability Act 1997 Determination 2008/27 – Section 32 (Transfer of Functions from the former DEWR to DEEWR)

Administered by Department of Finance

Legislation au F2008L01966 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 2008/27— Section 32 (Transfer of Functions from the former DEWR to DEEWR)

 

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 Employment and Workplace Relations (DEWR) to the Department of Education, Employment and Workplace Relations (DEEWR).  The appropriation amounts transferred are as follows:

 

  • From annual Appropriation Act (No. 1) 2006-2007 an amount of $119,874,455.00 of the departmental item for the former DEWR to the departmental item for DEEWR;
  • From annual Appropriation Act (No. 1) 2006-2007 an amount of $77,835,149.00 of the administered item for Outcome 1 for the former DEWR to the administered item for Outcome 7 for DEEWR;
  • From annual Appropriation Act (No. 1) 2006-2007 an amount of $2,250,376.00 of the administered item for Outcome 2 for the former DEWR to the administered item for Outcome 9 for DEEWR;
  • From annual Appropriation Act (No. 4) 2006-2007 an amount of $269,000.00 of the other departmental item (Equity Injections) for the former DEWR to the other departmental item (Equity Injections) for DEEWR;
  • From annual Appropriation Act (No. 1) 2007-2008 an amount of $664,560,658.16 of the departmental item for the former DEWR to the departmental item for DEEWR;
  • From annual Appropriation Act (No. 1) 2007-2008 an amount of $1,337,703,930.09 of the administered item for Outcome 1 for the former DEWR to the administered item for Outcome 7 for DEEWR;
  • From annual Appropriation Act (No. 1) 2007-2008 an amount of $44,148,019.75 of the administered item for Outcome 2 for the former DEWR to the administered item for Outcome 9 for DEEWR;
  • From annual Appropriation Act (No. 2) 2007-2008 an amount of $9,665,000.00 of the other departmental item (Equity Injections) for the former DEWR to the other departmental item (Equity Injections) for DEEWR;
  • From annual Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008 an amount of $38,972,000.00 of the departmental item for the former DEWR to the departmental item for DEEWR;
  • From annual Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008 an amount of $52,280,000.00 of the administered item for Outcome 1 for the former DEWR to the administered item for Outcome 7 for DEEWR; and
  • From annual Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008 an amount of $3,679,000.00 of the departmental item for the former DEWR to the departmental item for DEEWR.

 

In accordance with the Legislative Instruments Act 2003, the former DEWR and DEEWR 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 2007/02 – Section 32 (Transfer from the Department of Employment and Workplace Relations to the Department of Education, Employment and Workplace Relations) 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 2007/02 – Section 32 (Transfer from the Department of Employment and Workplace Relations to the Department of Education, Employment and Workplace Relations). 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 2008/27 was enacted in 2008 to address the need for adjustments in appropriations following the administrative changes between the former Department of Employment and Workplace Relations (DEWR) and the Department of Education, Employment and Workplace Relations (DEEWR). This legislative instrument was introduced under the authority of the Minister for Finance and Deregulation, pursuant to subsection 32(2) of the Financial Management and Accountability Act 1997 (FMA Act). The primary objective of this Determination is to facilitate the transfer of appropriations from the former DEWR to DEEWR, reflecting the changes in departmental arrangements that occurred on 3 December 2007, as per the administrative arrangements order made by the Governor-General in Council. This transfer is necessary to ensure that the appropriate funding aligns with the restructured departments and their respective outcomes and objectives.

Scope and Application

The FMA Act Determination 2008/27, issued under the authority of the Minister for Finance and Deregulation, concerns the transfer of appropriations between departments resulting from administrative changes mandated by the Governor-General in Council. This determination applies to the transfer of appropriations from the former Department of Employment and Workplace Relations (DEWR) to the Department of Education, Employment and Workplace Relations (DEEWR). The affected appropriations are detailed in various annual Appropriation Acts and include both departmental and administered items. The scope of this determination is limited to the specific transfers outlined, which are necessary to reflect the departmental restructuring that occurred on 3 December 2007. The instrument revokes and replaces a previous determination made on 7 December 2007, correcting certain figures that were previously incorrect. This replacement is intended to ensure the accuracy and proper consolidation of the Appropriation Acts. The savings provision included in this determination preserves the validity of any actions taken under the previous instrument, ensuring continuity in financial management and accountability.

Key Provisions

The main operative sections of the FMA Act Determination 2008/27 (subsections 32(2)) empower the Minister for Finance and Deregulation to transfer appropriations between departments as a result of changes in departmental arrangements. This Determination specifically facilitates the transfer of appropriations from the former Department of Employment and Workplace Relations (DEWR) to the Department of Education, Employment and Workplace Relations (DEEWR) in response to the administrative arrangements order of 3 December 2007. This includes the transfer of specified amounts from various Appropriation Acts, such as annual Appropriation Act (No. 1) 2006-2007 and annual Appropriation Act (No. 1) 2007-2008, among others. This ensures that the financial allocations align with the new departmental structures. The obligations imposed on the parties governed by this Act include ensuring that the appropriations are accurately transferred to reflect the new departmental arrangements. The former DEWR and DEEWR were consulted during the preparation of this instrument, ensuring that the transition is smooth and that all financial allocations are correctly adjusted. The Australian Government Solicitor was also consulted in the making of this instrument, underscoring the importance of legal compliance and accuracy in the transfer process. The FMA Act Determination 2008/27 does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, any non-compliance with the Financial Management and Accountability Act 1997 (FMA Act) or other related legislative requirements could result in administrative, financial, or legal repercussions. The Financial Management and Accountability Act 1997 itself includes provisions for penalties, which can include fines or other sanctions, for breaches of the Act. It is essential for the departments involved to adhere strictly to the provisions of this Determination to avoid any potential consequences associated with non-compliance. The savings provision included in the new instrument ensures that any actions taken under the previous 7 December instrument remain valid, mitigating potential issues arising from any errors in the initial transfer figures.

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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.