Financial Management and Accountability Act 1997 Determination 2008/30 – Section 32 (Transfer of Functions from the former DEWR to FaHCSIA)

Overview

The FMA Act Determination 2008/30, enacted in 2008, was introduced by the Minister for Finance and Deregulation under the authority of the Financial Management and Accountability Act 1997 (FMA Act) to address the need for adjusting appropriations following the transfer of functions between government departments. This determination was necessitated by the administrative arrangements order of 3 December 2007, which led to the abolition and establishment of certain Departments of State, requiring amendments to various annual Appropriation Acts. Specifically, this determination facilitates the transfer of appropriations from the former Department of Employment and Workplace Relations (DEWR) to the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). The transfer involves significant sums: $1,938,302.00 from the 2006-2007 annual Appropriation Act and $200,000,000.00 from the 2007-2008 annual Appropriation Act. The policy objective of this determination is to ensure that financial allocations align with the new departmental arrangements, thereby maintaining fiscal integrity and continuity in government services. This determination revokes and replaces the previous FMA Act Determination 2007/10, correcting inaccuracies in the appropriation figures and ensuring the validity of actions taken under the earlier instrument.

Scope and Application

The FMA Act Determination 2008/30 pertains to the transfer of appropriations between two government departments within the Commonwealth of Australia: from the former Department of Employment and Workplace Relations (DEWR) to the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). This transfer of appropriations is necessitated by the administrative arrangement changes that abolished and established various Departments of State, as reflected in Special Gazette No. S254. The transfer of funds is specifically targeted at certain outcomes as outlined in the annual Appropriation Acts (No. 1) 2006-2007 and 2007-2008, with amounts of $1,938,302.00 and $200,000,000.00 respectively being moved from Outcome 3 of the former DEWR to Outcome 1 of FaHCSIA. The authority to make this determination lies with the Minister for Finance and Deregulation, who has delegated this power to the Secretary of the Department of Finance and Deregulation. This legislative instrument, created under the Legislative Instruments Act 2003, also includes a savings provision to ensure the validity of any actions taken under the previous instrument made on 12 December 2007, which is now revoked and replaced by this new determination.

Key Provisions

The FMA Act Determination 2008/30 (subsection 32(2)) allows the Minister for Finance and Deregulation to amend the Schedules of annual Appropriation Acts to transfer appropriations related to the transfer of functions between agencies. Specifically, this determination facilitates the transfer of funds from the former Department of Employment and Workplace Relations (DEWR) to the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) as a result of administrative changes on 3 December 2007. The transfers include $1,938,302.00 from the 2006-2007 Appropriation Act and $200,000,000.00 from the 2007-2008 Appropriation Act, both for Outcome 3 of the former DEWR and Outcome 1 of FaHCSIA. This Determination also revokes and replaces the previous instrument, FMA Act Determination 2007/10, correcting some of the figures used in the earlier version. To ensure the validity of actions taken under the previous instrument, the new one includes a savings provision. Under this Determination, both the former DEWR and FaHCSIA were consulted in the preparation of the instrument, ensuring that the transfer of funds aligns with their operational needs and the legislative intent. The Secretary of the Department of Finance and Deregulation has the authority to make such determinations under section 62 of the FMA Act, and the instrument has been prepared in accordance with the Legislative Instruments Act 2003. The Australian Government Solicitor was also consulted in the making of this instrument to ensure its legal integrity and enforceability. Breaching the provisions of this Determination could lead to serious consequences. Under the Legislative Instruments Act 2003, any person who contravenes the provisions of this Determination may be subject to penalties. While specific penalties are not detailed in the text, such breaches could result in fines or other legal sanctions as prescribed under Australian law. The intent is to ensure that the transfer of appropriations and the changes in departmental arrangements are executed in a legally sound and compliant manner.