Financial Management and Accountability Act 1997 Determination 2008/43 – Section 32 (Transfer of Functions from the former DEST to DIISR)

Overview

The FMA Act Determination 2008/43, enacted under the Financial Management and Accountability Act 1997, was introduced to facilitate the transfer of appropriations from the former Department of Education, Science and Training (DEST) to the Department of Innovation, Industry, Science and Research (DIISR). This was necessitated by the administrative arrangements order of 3 December 2007, which led to the abolition and establishment of certain Departments of State. Consequently, various annual Appropriation Acts needed amendment to reflect the changes in departmental arrangements. The purpose of this determination was to effect a transfer of appropriations to ensure continuity and alignment with the new departmental structure. The determination, which amends the annual Appropriation Act (No. 1) 2006-2007, involves a transfer of $1,638,192.00 from the administered item for Outcome 3 of the former DEST to the corresponding item for DIISR. This determination was prepared with consultation from both the former DEST and DIISR, as required by the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2008/43 pertains to the transfer of appropriations between the former Department of Education, Science and Training (DEST) and the Department of Innovation, Industry, Science and Research (DIISR) as mandated by the Financial Management and Accountability Act 1997. This determination was enacted by the Minister for Finance and Deregulation and has been delegated to the Secretary of the Department of Finance and Deregulation under section 62 of the FMA Act. The instrument aims to amend the Schedules of annual Appropriation Acts to reflect the administrative changes arising from the abolition and establishment of departments as per the administrative arrangements order of 3 December 2007. Specifically, it involves the transfer of an appropriation amount of $1,638,192.00 from the former DEST to DIISR for Outcome 3, as detailed in annual Appropriation Act (No. 1) 2006-2007. The determination follows consultation with the former DEST and DIISR as required by the Legislative Instruments Act 2003 and is considered a legislative instrument under that act.

Key Provisions

The primary operative sections of the FMA Act Determination 2008/43 (paragraph 32) involve the transfer of appropriations from the former Department of Education, Science and Training (DEST) to the Department of Innovation, Industry, Science and Research (DIISR). Specifically, subsection 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 the transfer of appropriations when functions are moved between agencies. This power has been delegated to the Secretary of the Department of Finance and Deregulation under section 62 of the FMA Act. The determination amends the Schedules to reflect the administrative arrangements order of 3 December 2007, which resulted in the abolition and establishment of certain Departments of State. For example, the Determination transfers an amount of $1,638,192.00 from annual Appropriation Act (No. 1) 2006-2007, which was originally allocated to Outcome 3 for the former DEST, to the administered item for Outcome 3 for DIISR. This Act imposes several obligations and requirements on the parties involved. Firstly, it mandates that the former DEST and DIISR were consulted in the preparation of this Determination, as required by the Legislative Instruments Act 2003. The purpose of these consultations is to ensure that the transfer of appropriations is accurately reflecting the changes in departmental arrangements and to avoid any discrepancies or oversights. Additionally, the determination must adhere to the provisions of the Legislative Instruments Act 2003, which governs the preparation and publication of legislative instruments. This ensures that the Determination is valid and enforceable under Australian law. In terms of consequences for breach, the FMA Act Determination 2008/43 does not explicitly state offences, penalties, or civil/criminal consequences for non-compliance. However, as a legislative instrument, any failure to adhere to the provisions of the FMA Act or the Legislative Instruments Act 2003 could result in legal challenges or administrative penalties. Given the nature of the Determination, non-compliance could lead to financial mismanagement or misallocation of funds, which could have broader implications for government accountability and transparency. The severity of penalties would depend on the specific breach and could include administrative actions, financial penalties, or legal proceedings to rectify the non-compliance.