Financial Management and Accountability Act 1997 Determination 2008/40 - Section 32 (Transfer of Functions from the former DCITA to Environment)

Administered by Department of Finance

Legislation au F2008L02347 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 2008/40— Section 32 (Transfer of Functions from the former DCITA to Environment)

 

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 Communications, Information Technology and the Arts (DCITA) to the Department of the Environment, Water, Heritage and the Arts (Environment).  The appropriation amounts transferred are as follows:

 

  • From annual Appropriation Act (No. 1) 2004-2005 an amount of $969,604.00 of the departmental item for the former DCITA to the departmental item for Environment;
  • From annual Appropriation Act (No. 1) 2004-2005 an amount of $15,217,040.22 of the administered item for Outcome 1 for the former DCITA to the administered item for Outcome 4 for Environment;
  • From annual Appropriation Act (No. 1) 2005-2006 an amount of $5,275,959.89 of the departmental item for the former DCITA to the departmental item for Environment;
  • From annual Appropriation Act (No. 1) 2005-2006 an amount of $4,250,319.22 of the administered item for Outcome 1 for the former DCITA to the administered item for Outcome 4 for Environment;
  • From annual Appropriation Act (No. 1) 2006-2007 an amount of $2,868,680.00 of the administered item for Outcome 1 for the former DCITA to the administered item for Outcome 4 for Environment;
  • From annual Appropriation Act (No. 2) 2006-2007 an amount of $8,060.25 of the other departmental item (Equity Injections) for the former DCITA to the other departmental item (Equity Injections) for Environment;
  • From annual Appropriation Act (No. 2) 2006-2007 an amount of $3,333,226.11 of the administered assets and liabilities item for the former DCITA to the administered assets and liabilities for Environment;
  • From annual Appropriation Act (No. 1) 2007-2008 an amount of $29,003,365.00 of the departmental item for the former DCITA to the departmental item for Environment;
  • From annual Appropriation Act (No. 1) 2007-2008 an amount of $108,035,703.00 of the administered item for Outcome 1 for the former DCITA to the administered item for Outcome 4 for Environment;
  • From annual Appropriation Act (No. 2) 2007-2008 an amount of $102,000.00 of the other departmental item (Equity Injections) for the former DCITA to the other departmental item (Equity Injections) for Environment;
  • From annual Appropriation Act (No. 2) 2007-2008 an amount of $6,896,672.77 of the administered assets and liabilities item for the former DCITA to the administered assets and liabilities for Environment;

 

In accordance with the Legislative Instruments Act 2003, the former DCITA and Environment 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 FMA Act Determination 2007/09 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of the Environment, Water, Heritage and the Arts) made on 10 December 2007.

 

On 10 December 2007, a delegate of the Minister for Finance and Deregulation made the Financial Management and Accountability Act 1997 Determination 2007/09 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of the Environment, Water, Heritage and the Arts). 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 10 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 10 December instrument with instruments which can be properly incorporated into the consolidations of the Appropriation Acts.  Some of the figures used in the 10 December instrument were incorrect, and these have been altered.

Savings Provision

So as to preserve the validity of any actions taken under the 10 December instrument a savings provision has been included in the new instrument which preserves the validity of appropriations transferred under the 10 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 2008/40, enacted by the Minister for Finance and Deregulation under the authority delegated by the Financial Management and Accountability Act 1997 (FMA Act), addresses the need to amend appropriations following the transfer of functions from the former Department of Communications, Information Technology and the Arts (DCITA) to the Department of the Environment, Water, Heritage and the Arts (Environment). This legislative instrument responds to the administrative changes resulting from the abolition and establishment of Departments of State, as outlined in the Special Gazette No. S254 and the administrative arrangements order of 3 December 2007. The policy objective is to ensure that the Appropriation Acts accurately reflect the current departmental arrangements, thus maintaining the integrity and functionality of the financial management framework within the government. The determination rectifies previous errors in appropriations amounts and provides a savings provision to maintain the validity of actions taken under the superseded instrument, ensuring a seamless transition and continuity in government operations.

Scope and Application

The FMA Act Determination 2008/40 applies to the transfer of appropriations from the former Department of Communications, Information Technology and the Arts (DCITA) to the Department of the Environment, Water, Heritage and the Arts (Environment). The purpose of the Determination is to amend the annual Appropriation Acts for the financial years 2004-2005, 2005-2006, 2006-2007, and 2007-2008 to reflect the transfer of certain appropriations between these departments, following the administrative arrangements order of 3 December 2007. The amendments affect the appropriation amounts allocated to specific departmental items and administered items for outcomes and assets and liabilities. This Determination applies nationally within the Commonwealth of Australia and is subject to the Financial Management and Accountability Act 1997, as well as the Legislative Instruments Act 2003. The power to make such determinations is delegated from the Minister for Finance and Deregulation to the Secretary of the Department of Finance and Deregulation under section 62 of the FMA Act. The Determination revokes and replaces the previous FMA Act Determination 2007/09, correcting some of the figures used in the earlier instrument and including a savings provision to preserve the validity of actions taken under the superseded instrument.

Key Provisions

The FMA Act Determination 2008/40 (subsection 32(2)) enables the Minister for Finance and Deregulation to amend Schedules to annual Appropriation Acts to transfer appropriations in connection with the transfer of functions between agencies under the FMA Act. This power has been delegated to the Secretary of the Department of Finance and Deregulation. The determination amends the Schedules concerned to reflect the transfer of appropriations from the former Department of Communications, Information Technology and the Arts (DCITA) to the Department of the Environment, Water, Heritage and the Arts (Environment). This amendment is necessitated by the administrative arrangements order of 3 December 2007, which resulted in the abolition and establishment of various Departments of State. The determination specifies the transfer of various amounts from the former DCITA to the Environment, for different fiscal years, across departmental and administered items. The determination imposes obligations on the relevant departments to ensure that the transfers of appropriations are accurately reflected in the amended Schedules to the annual Appropriation Acts. This includes the requirement for both the former DCITA and the Environment to cooperate in the preparation of the determination, ensuring that the figures and items are correctly identified and transferred. Additionally, the determination mandates that any actions taken under the previous determination, FMA Act Determination 2007/09, remain valid through the inclusion of a savings provision. This ensures that the appropriations transferred under the previous determination are preserved and continue to be legally binding. Breach of the provisions outlined in the determination could lead to civil or criminal consequences, though the specific penalties are not detailed within the determination itself. Given that the determination is a legislative instrument under the Legislative Instruments Act 2003, non-compliance could result in legal action being taken against the responsible parties. The maximum penalties for offences under the FMA Act can vary depending on the nature and severity of the breach, but they can include fines and imprisonment. It is crucial for the departments involved to adhere to the provisions of this determination to avoid any potential legal repercussions.

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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.