EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Finance and Deregulation
FMA Act Determination 2008/44— Section 32 (Transfer of Functions from DEEWR to DIISR)
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 Department of Education, Employment and Workplace Relations (DEEWR) to the Department of Innovation, Industry, Science and Research (DIISR). The appropriation amounts transferred are as follows:
- From annual Appropriation Act (No. 1) 2007-2008 an amount of $187,724.00 of the administered item for Outcome 6 for DEEWR to the administered item for Outcome 3 for DIISR.
In accordance with the Legislative Instruments Act 2003, DEEWR and DIISR were consulted in the preparation of this instrument.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The FMA Act Determination 2008/44, issued under the Financial Management and Accountability Act 1997, was enacted to facilitate the transfer of appropriations between the Department of Education, Employment and Workplace Relations (DEEWR) and the Department of Innovation, Industry, Science and Research (DIISR). This legislation was introduced to address the need for financial adjustments following the administrative arrangements order of 3 December 2007, which led to the abolition and establishment of various Departments of State. The primary purpose of this determination is to amend the Schedules of the annual Appropriation Acts to reflect the transfer of appropriations necessitated by these changes. The authority for this determination was delegated to the Secretary of the Department of Finance and Deregulation by the Minister for Finance and Deregulation. This instrument ensures that the financial management of the affected departments aligns with the updated departmental structures.
Scope and Application
The FMA Act Determination 2008/44, issued under the authority of the Minister for Finance and Deregulation, facilitates the transfer of appropriations between the Department of Education, Employment and Workplace Relations (DEEWR) and the Department of Innovation, Industry, Science and Research (DIISR) as a result of the administrative arrangements order of 3 December 2007. This determination specifically amends the Schedules of annual Appropriation Acts to reflect the transfer of functions, with an immediate effect on the financial year 2007-2008. The determination transfers $187,724.00 from DEEWR to DIISR, aligning with the changes in departmental arrangements and ensuring the appropriate allocation of funds. The authority to make this determination stems from the Financial Management and Accountability Act 1997, which empowers the Minister to amend appropriations schedules, a power delegated to the Secretary of the Department of Finance and Deregulation. This process adheres to the requirements of the Legislative Instruments Act 2003, ensuring consultation with relevant departments before the instrument's preparation and publication.
Key Provisions
The main operative sections of the FMA Act Determination 2008/44 (subsection 32(2)) allow the Minister for Finance and Deregulation to transfer appropriations between departments under the Financial Management and Accountability Act 1997 (FMA Act). This power has been delegated to the Secretary of the Department of Finance and Deregulation. The determination amends the Schedules of the annual Appropriation Acts to reflect the transfer of appropriations from the Department of Education, Employment and Workplace Relations (DEEWR) to the Department of Innovation, Industry, Science and Research (DIISR) following administrative changes. Specifically, it transfers $187,724.00 from Outcome 6 of DEEWR to Outcome 3 of DIISR, as per the annual Appropriation Act (No. 1) 2007-2008.
The obligations and requirements imposed by this Act include consultation with both DEEWR and DIISR as mandated by the Legislative Instruments Act 2003. The Secretary of the Department of Finance and Deregulation must ensure that the determination accurately reflects the administrative changes and the transfer of appropriations. Additionally, the determination must be made in accordance with the Legislative Instruments Act 2003, which governs the creation and operation of legislative instruments.
The Act does not explicitly outline specific offences, penalties, or consequences for non-compliance with the determination. However, any breach of the Financial Management and Accountability Act 1997 could potentially lead to civil or criminal penalties. These penalties may include fines or imprisonment, depending on the nature and severity of the breach. The exact penalties are not specified in this determination but would be addressed under the broader provisions of the FMA Act.