Financial Management and Accountability Act 1997 Determination 2008/49 – Section 32 (Transfer of Functions from the former DCITA to DIISR)

Overview

The FMA Act Determination 2008/49, enacted in 2008, was introduced to facilitate the transfer of appropriations in connection with the reorganisation of governmental functions as per the Financial Management and Accountability Act 1997. This determination was enacted by the Secretary of the Department of Finance and Deregulation under the delegation of authority from the Minister for Finance and Deregulation. It aims to align annual Appropriation Acts with 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 primary objective of this determination is to ensure that the necessary appropriations are correctly transferred from the former Department of Communications, Information Technology and the Arts (DCITA) to the Department of Innovation, Industry, Science and Research (DIISR), reflecting the legislative intent to streamline and modernise government operations. The determination includes a specific transfer of $202,583.14 from the former DCITA to DIISR, as per the annual Appropriation Act (No. 1) 2005-2006.

Scope and Application

The FMA Act Determination 2008/49 is a legislative instrument that facilitates the transfer of appropriations from the former Department of Communications, Information Technology and the Arts (DCITA) to the Department of Innovation, Industry, Science and Research (DIISR) as a result of departmental restructuring. This determination is issued under the authority of the Minister for Finance and Deregulation and applies to the appropriations listed in the annual Appropriation Acts, specifically transferring $202,583.14 from the former DCITA to DIISR as noted in the annual Appropriation Act (No. 1) 2005-2006. The power to make such determinations is derived from section 32(2) of the Financial Management and Accountability Act 1997 and has been delegated to the Secretary of the Department of Finance and Deregulation under section 62 of the FMA Act. This instrument is effective within the Commonwealth jurisdiction and is designed to ensure that the transfer of departmental functions is accurately reflected in the financial allocations. The Legislative Instruments Act 2003 requires consultation with the affected departments during the preparation of this instrument, ensuring transparency and collaboration in the amendment process.

Key Provisions

The main operative sections of this Determination, specifically Section 32(2) of the Financial Management and Accountability Act 1997 (FMA Act), allow the Minister for Finance and Deregulation to amend Schedules to annual Appropriation Acts for the purpose of transferring appropriations related to 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, who has exercised it in this instance to amend the annual Appropriation Acts to reflect changes in departmental arrangements following the administrative arrangements order of 3 December 2007. This Determination amends the annual Appropriation Act (No. 1) 2005-2006 by transferring an amount of $202,583.14 from the departmental item for the former Department of Communications, Information Technology and the Arts (DCITA) to the departmental item for the Department of Innovation, Industry, Science and Research (DIISR). The obligations and requirements imposed by this Act primarily concern the administrative processes for transferring appropriations between departments. It mandates that the Minister for Finance and Deregulation, or the Secretary under delegated authority, must ensure that the annual Appropriation Acts are amended to reflect changes in departmental functions and structures. The Act requires consultation with the relevant departments, as evidenced by the consultation with the former DCITA and DIISR in the preparation of this instrument. Furthermore, the legislative instrument must be prepared in accordance with the Legislative Instruments Act 2003, ensuring that the process adheres to legislative standards. In terms of offences, penalties, or civil/criminal consequences for breaches, the Determination itself does not explicitly outline specific sanctions. However, any failure to comply with the legislative instruments process as mandated by the Legislative Instruments Act 2003 could result in broader legal consequences. This includes potential actions for non-compliance under the Administrative Appeals Tribunal Act 1975 or other relevant administrative law provisions. While the Determination does not specify maximum penalties, it is integral that all procedural requirements are meticulously followed to avoid any legal repercussions.