Financial Management and Accountability Act 1997 Determination 2008/33 – Section 32 (Transfer of Functions from DBCDE to Environment)

Overview

The FMA Act Determination 2008/33, issued under the authority of the Minister for Finance and Deregulation, was enacted in 2008 to address the administrative changes resulting from the abolition and establishment of Departments of State as per the administrative arrangements order of 3 December 2007. This determination facilitates the amendment of Schedules to annual Appropriation Acts to reflect the transfer of functions and appropriations between agencies, specifically from the Department of Broadband, Communications and the Digital Economy to the Department of the Environment, Water, Heritage and the Arts. The purpose of this instrument is to ensure that the financial allocations are appropriately adjusted to match the new departmental arrangements and functions. It operates under the delegated authority of the Secretary of the Department of Finance and Deregulation, in accordance with section 62 of the Financial Management and Accountability Act 1997, and complies with the requirements of the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2008/33 pertains to the transfer of appropriations between the Department of Broadband, Communications and the Digital Economy (DBCDE) and the Department of the Environment, Water, Heritage and the Arts (Environment) as a result of administrative arrangements ordered by the Governor-General in Council on 3 December 2007. This determination is issued under the authority of the Minister for Finance and Deregulation and allows for the amendment of Schedules in annual Appropriation Acts to reflect the reallocation of appropriations due to the transfer of functions between these departments. The determination applies to the specific appropriation of $16,892,253.00 from Outcome 1 of DBCDE to Outcome 4 of the Environment as per the annual Appropriation Act (No. 1) 2007-2008. Both DBCDE and Environment were consulted in the preparation of this instrument, as required by the Legislative Instruments Act 2003, and the determination itself is a legislative instrument within the meaning of that Act.

Key Provisions

The FMA Act Determination 2008/33 (section 32) pertains to the transfer of functions from the Department of Broadband, Communications and the Digital Economy (DBCDE) to the Department of the Environment, Water, Heritage and the Arts (Environment). This determination allows for the amendment of the Schedules in annual Appropriation Acts to reflect the transfer of appropriations between these departments. This transfer is necessitated by the administrative changes outlined in Special Gazette No. S254, which was issued pursuant to the administrative arrangements order made by the Governor-General in Council on 3 December 2007. Specifically, this determination involves the reallocation of $16,892,253.00 from the administered item for Outcome 1 of DBCDE to the administered item for Outcome 4 of Environment as per the annual Appropriation Act (No. 1) 2007-2008. Both DBCDE and Environment were consulted in the preparation of this instrument, in compliance with the Legislative Instruments Act 2003. Under the FMA Act Determination 2008/33, the primary obligation is to facilitate the transfer of specified appropriations from one department to another to align with the new administrative arrangements. This involves the reclassification of funding allocations as outlined in the annual Appropriation Act (No. 1) 2007-2008. The determination ensures that the financial resources are correctly attributed to the new departmental outcomes, reflecting the changes in departmental responsibilities. The process also adheres to the consultation requirements stipulated under the Legislative Instruments Act 2003, ensuring that all relevant parties are informed and have had an opportunity to provide input on the proposed changes. The FMA Act Determination 2008/33 does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, any failure to adhere to the provisions of the FMA Act or the determination could potentially lead to broader legal ramifications under the Financial Management and Accountability Act 1997. This might include administrative penalties or legal actions for mismanagement of appropriations, although the determination itself does not detail specific penalties. The Legislative Instruments Act 2003 further ensures that the determination is prepared in compliance with legislative requirements, aiming to avoid any legal issues arising from the transfer process. In summary, the FMA Act Determination 2008/33 is a legislative instrument that facilitates the transfer of appropriations from DBCDE to Environment in line with administrative changes. It outlines the specific financial reallocation required and ensures consultation with the relevant departments. While the determination does not specify penalties for non-compliance, adherence to the provisions is crucial to avoid potential legal consequences under the broader framework of the FMA Act and the Legislative Instruments Act 2003.