Financial Management and Accountability Act 1997 Determination 2008/38 – Section 32 (Transfer of Functions from Environment to DITRDLG)

Overview

The FMA Act Determination 2008/38, enacted under the Financial Management and Accountability Act 1997, was introduced to facilitate the transfer of appropriations between agencies within the framework of the FMA Act. The determination, issued by the Minister for Finance and Deregulation, serves to amend the Schedules of annual Appropriation Acts in connection with the transfer of functions, thus ensuring that financial resources are appropriately allocated to support the operational needs of the affected departments. In this instance, the Determination allows for the transfer of funds from the Department of the Environment, Water, Heritage and the Arts to the Department of Infrastructure, Transport, Regional Development and Local Government, reflecting a reallocation of resources in line with the evolving policy objectives and priorities of the government. The enactment of this Determination is in accordance with the Legislative Instruments Act 2003, ensuring that relevant consultations were conducted with the affected departments.

Scope and Application

The FMA Act Determination 2008/38 applies to the transfer of appropriations between two Commonwealth government departments: the Department of the Environment, Water, Heritage and the Arts, and the Department of Infrastructure, Transport, Regional Development and Local Government. This transfer is specifically authorised under section 32(2) of the Financial Management and Accountability Act 1997, which allows the Minister for Finance and Deregulation to amend Schedules to annual Appropriation Acts to facilitate the reallocation of funds between agencies in connection with the transfer of functions. The Minister has delegated this authority to the Secretary of the Department of Finance and Deregulation under section 62 of the FMA Act. The transfer involves an amount of $129,902.43 from the annual Appropriation Act (No. 1) 2007-2008, moving from the departmental item for the Department of the Environment, Water, Heritage and the Arts to that of the Department of Infrastructure, Transport, Regional Development and Local Government. The Determination amends the Schedules in accordance with the specified transfer, and both affected departments were consulted in the preparation of this legislative instrument in compliance with the Legislative Instruments Act 2003.

Key Provisions

The FMA Act Determination 2008/38 (F2008L02345) is a legislative instrument that facilitates the transfer of appropriations between government departments, specifically from the Department of the Environment, Water, Heritage and the Arts (Environment) to the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG) (subsection 32(2)). This transfer is executed by amending the Schedules of the annual Appropriation Acts as per the determination, thereby affecting the financial allocation between these departments. The determination amends the annual Appropriation Act (No. 1) 2007-2008, transferring an amount of $129,902.43 from the departmental item for Environment to the departmental item for DITRDLG. Under this Act, the parties involved, namely the Environment and DITRDLG, must comply with the financial transfer outlined in the determination. The Act imposes an obligation on both departments to adjust their financial records and allocations to reflect the transfer of the specified appropriation amount. This adjustment ensures that the transferred funds are appropriately accounted for in the departmental budgets and financial planning of DITRDLG. The Act does not explicitly outline specific offences or penalties for non-compliance with the determination. However, as a legislative instrument, any failure to adhere to the financial transfer provisions could potentially lead to broader administrative or financial consequences as per other applicable laws and regulations. The determination itself does not specify maximum penalties but rather relies on the general compliance frameworks governing the operation of government departments.