Financial Management and Accountability Act 1997 Determination 2008/42 – Section 32 (Transfer of Functions from the former DEST to DEEWR)

Overview

The FMA Act Determination 2008/42 was enacted in 2008 to address the administrative changes resulting from the abolition and establishment of Departments of State, as outlined in the administrative arrangements order of 3 December 2007. This determination was made under the authority of the Financial Management and Accountability Act 1997, which empowers the Minister for Finance and Deregulation to amend Schedules to annual Appropriation Acts in connection with the transfer of functions between agencies. The objective of this determination is to facilitate the transfer of appropriations from the former Department of Education, Science and Training (DEST) to the Department of Education, Employment and Workplace Relations (DEEWR), reflecting the changes in departmental arrangements. The determination specifies the transfer of specific appropriation amounts from the annual Appropriation Act (No. 1) 2004-2005, and it has been prepared in consultation with the relevant departments as required by the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2008/42 pertains to the transfer of appropriations from the former Department of Education, Science and Training (DEST) to the Department of Education, Employment and Workplace Relations (DEEWR), as mandated by subsection 32(2) of the Financial Management and Accountability Act 1997. This determination allows for the amendment of the Schedules of relevant annual Appropriation Acts to reflect the changes in departmental arrangements following the administrative arrangements order of 3 December 2007. Specifically, it transfers an amount of $7,718,560.78 and $4,273,051.44 from the departmental item for the former DEST to that for DEEWR, as specified in the annual Appropriation Act (No. 1) 2004-2005. The power to make this determination has been 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. This legislative instrument is intended to ensure that the financial allocations are correctly aligned with the newly established departmental structure.

Key Provisions

The FMA Act Determination 2008/42, specifically under Section 32, pertains to the transfer of appropriations from the former Department of Education, Science and Training (DEST) to the Department of Education, Employment and Workplace Relations (DEEWR). This determination is enacted to reflect the administrative changes resulting from the abolition and establishment of Departments of State as per the Governor-General in Council's administrative arrangements order of 3 December 2007. As such, Section 32(2) of the Financial Management and Accountability Act 1997 (FMA Act) allows the Minister for Finance and Deregulation to amend Schedules to annual Appropriation Acts to facilitate such transfers. This determination transfers specific amounts from DEST to DEEWR, namely $7,718,560.78 and $4,273,051.44 from the annual Appropriation Act (No. 1) 2004-2005. This ensures that the appropriations are correctly aligned with the new departmental structures. The obligations imposed by this Determination include ensuring that the transfer of appropriations is accurately reflected in the annual Appropriation Acts. Both the former DEST and the newly established DEEWR were consulted during the preparation of this instrument, as mandated by the Legislative Instruments Act 2003. This consultation process is crucial to ensure that the financial allocations are appropriately aligned with the new departmental functions and responsibilities. The Determination is intended to streamline the financial management processes following the departmental restructuring, thereby maintaining fiscal accountability and transparency. In terms of potential breaches, the FMA Act and the Legislative Instruments Act 2003 provide frameworks for compliance. Failure to adhere to the requirements set out in this Determination could result in civil or criminal penalties. While the specific consequences of non-compliance are not detailed in the Explanatory Statement, the general provisions of these Acts typically include fines and other legal actions. The exact penalties can vary, but under the FMA Act, serious breaches may lead to significant financial penalties and, in severe cases, criminal charges. It is imperative for the involved parties to ensure strict compliance with the Determination to avoid any adverse legal consequences.