Financial Management and Accountability Act 1997 Determination 2008/28 – Section 32 (Transfer of Functions from the former DEST to DRET)

Overview

The FMA Act Determination 2008/28, enacted under the Financial Management and Accountability Act 1997, addresses the need to adjust appropriations in the annual Appropriation Acts following the transfer of functions between government departments. Specifically, it facilitates the transfer of appropriations from the former Department of Education, Science and Training (DEST) to the Department of Resources, Energy and Tourism (DRET) due to administrative changes resulting from the administrative arrangements order of 3 December 2007. This determination was issued by the Authority of the Minister for Finance and Deregulation, with the policy objective of ensuring that financial allocations are correctly aligned with the new departmental structures post-transfer. The power to make such amendments was delegated to the Secretary of the Department of Finance and Deregulation under section 62 of the FMA Act, and the former DEST and DRET were consulted in the preparation of this legislative instrument as required by the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2008/28, as issued under the authority of the Minister for Finance and Deregulation, pertains specifically to the transfer of appropriations between the former Department of Education, Science and Training (DEST) and the newly established Department of Resources, Energy and Tourism (DRET). This determination amends the Schedules of annual Appropriation Acts to reflect the transfer of functions between these two departments, necessitated by the administrative changes outlined in the Special Gazette No. S254. It is a legislative instrument pursuant to the Legislative Instruments Act 2003, and both DEST and DRET were consulted in its preparation. The transfers are limited to specific appropriation amounts: $276,758.74 from the annual Appropriation Act (No. 1) 2004-2005 and $256,000.00 from the annual Appropriation Act (No. 1) 2007-2008, aligning with the structural changes resulting from the administrative arrangements order of 3 December 2007. This determination does not extend beyond the specified appropriation transfers and does not include any additional exemptions or exclusions beyond those implied by the nature of the transfers.

Key Provisions

The FMA Act Determination 2008/28 (subsection 32(2)) authorises the transfer of appropriations from the former Department of Education, Science and Training (DEST) to the Department of Resources, Energy and Tourism (DRET), as part of the restructuring of departmental arrangements. Specifically, the determination transfers $276,758.74 from the annual Appropriation Act (No. 1) 2004-2005 and $256,000.00 from the annual Appropriation Act (No. 1) 2007-2008. This action is taken to align with the administrative changes resulting from the administrative arrangements order of 3 December 2007. Both the former DEST and DRET were consulted during the preparation of this instrument, in accordance with the Legislative Instruments Act 2003. The Act imposes specific obligations on the parties involved, ensuring that the transfer of appropriations is properly documented and reflected in the annual Appropriation Acts. The Secretary of the Department of Finance and Deregulation is tasked with making these amendments, as per the delegation of power under section 62 of the FMA Act. This delegation includes the responsibility to consult with relevant departments to ensure accuracy and compliance with the legislative framework. There are no specific offences, penalties, or consequences outlined in the FMA Act Determination 2008/28 for breaches of the provisions. However, the determination itself is a legislative instrument under the Legislative Instruments Act 2003, which may be subject to review and scrutiny. Failure to comply with the legislative process or to consult with relevant parties could potentially lead to legal challenges or administrative consequences, though these are not explicitly stated in the determination.