Financial Management and Accountability Act 1997 Determination 2008/46 - Section 32 (Transfer of Functions from the former DCITA to DBCDE)

Overview

The FMA Act Determination 2008/46, enacted in 2008, was introduced 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, issued by the Minister for Finance and Deregulation under the authority of the Financial Management and Accountability Act 1997 (FMA Act), facilitates the transfer of appropriations between the former Department of Communications, Information Technology and the Arts (DCITA) and the newly established Department of Broadband, Communications and the Digital Economy (DBCDE). The policy objective of this determination is to ensure that the financial resources are accurately allocated in accordance with the new departmental structures, thereby maintaining the integrity and continuity of financial management within the federal government. This instrument was prepared with consultation from both the former DCITA and the DBCDE, as required by the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2008/46, issued under the authority of the Minister for Finance and Deregulation, pertains to the transfer of functions and appropriations from the former Department of Communications, Information Technology and the Arts (DCITA) to the Department of Broadband, Communications and the Digital Economy (DBCDE). This determination operates within the framework of the Financial Management and Accountability Act 1997 (FMA Act), specifically under section 32, which empowers the Minister for Finance and Deregulation to amend appropriations in connection with the transfer of functions between agencies. The delegation of this power to the Secretary of the Department of Finance and Deregulation, under section 62 of the FMA Act, facilitates the necessary adjustments to the annual Appropriation Acts as a result of the administrative arrangements order of 3 December 2007. This order, reflected in Special Gazette No. S254, led to the abolition and establishment of various Departments of State, necessitating amendments to the appropriation acts to reflect these changes. The determination facilitates the transfer of a specified amount of $783,318.03 from the former DCITA to the DBCDE, ensuring alignment with the updated departmental arrangements.

Key Provisions

The FMA Act Determination 2008/46 (Section 32) facilitates the transfer of appropriations from the former Department of Communications, Information Technology and the Arts (DCITA) to the Department of Broadband, Communications and the Digital Economy (DBCDE). This transfer is a result of administrative arrangements that led to the establishment of new departments, necessitating adjustments to the annual Appropriation Acts to reflect these changes. Specifically, the determination involves transferring $783,318.03 from the former DCITA to the DBCDE, as detailed in the annual Appropriation Act (No. 1) 2007-2008. This legislative instrument is authorised under the Financial Management and Accountability Act 1997 (FMA Act), with the power to amend appropriation schedules granted to the Minister for Finance and Deregulation and delegated to the Secretary of the Department of Finance and Deregulation. Entities governed by this Act are required to comply with the appropriations transfer as stipulated. The former DCITA and the DBCDE were consulted in the preparation of this instrument, ensuring that the transfer is both administratively and financially aligned with the operational needs of the newly established department. This requirement underscores the necessity for clear and effective communication between the departments involved, ensuring that the transition is smooth and that any financial implications are adequately managed. Breaching the provisions of this Determination may lead to administrative and financial repercussions. Although specific offences and penalties are not detailed in the provided text, non-compliance with appropriation transfers could result in financial mismanagement under the FMA Act. Such breaches could potentially lead to audits, investigations, and other administrative actions to rectify any discrepancies, ensuring that public funds are used efficiently and effectively as mandated by the FMA Act.