Financial Management and Accountability Act 1997 Determination 2008/53 – Section 32 (Transfer of Functions from Environment to DRET)

Overview

The FMA Act Determination 2008/53, issued under the authority of the Minister for Finance and Deregulation, addresses the need to adjust appropriations within annual Appropriation Acts due to the transfer of functions between government departments, in line with the Financial Management and Accountability Act 1997. This determination is a response to the Administrative Arrangements Order of 25 January 2008, which necessitated amendments to reflect changes in departmental responsibilities. Specifically, the Determination facilitates the transfer of appropriations from the Department of the Environment, Water, Heritage and the Arts to the Department of Resources, Energy and Tourism. This transfer was necessary to ensure that financial allocations accurately reflect the new administrative arrangements, with an example being the transfer of $102,036.40 from the 2004-2005 Appropriation Act. The preparation of this Determination involved consultation between the relevant departments, as required by the Legislative Instruments Act 2003, ensuring a coordinated approach to updating the appropriations schedules.

Scope and Application

The FMA Act Determination 2008/53 applies to the Commonwealth of Australia and specifically involves the transfer of appropriations between the Department of the Environment, Water, Heritage and the Arts and the Department of Resources, Energy and Tourism. The transfer of appropriations reflects changes in administrative arrangements under the FMA Act, necessitated by the Administrative Arrangements Order of 25 January 2008. This determination is a legislative instrument under the Legislative Instruments Act 2003, and it includes a specific transfer of funds from the Environment Department to the DRET, amounting to $102,036.40 from 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. The Environment and DRET departments were consulted in the preparation of this instrument, ensuring their views were considered in the legislative process.

Key Provisions

The key provisions of the FMA Act Determination 2008/53 (subsection 32(2)) allow for the transfer of appropriations from one department to another as a result of changes in the administrative arrangements of the Commonwealth. Specifically, this determination enables the transfer of funds from the Department of the Environment, Water, Heritage and the Arts (Environment) to the Department of Resources, Energy and Tourism (DRET). The amount transferred is $102,036.40 from the annual Appropriation Act (No. 1) 2004-2005. This transfer is in line with the Administrative Arrangements Order of 25 January 2008, which was made by the Governor-General in Council, and which resulted in the reallocation of certain functions between departments. The determination is effective in amending the Schedules of the relevant Appropriation Acts to reflect this transfer. The obligations imposed by this determination include the requirement for the relevant departments, Environment and DRET, to consult with each other during the preparation of this instrument, as mandated by the Legislative Instruments Act 2003. Furthermore, the Secretary of the Department of Finance and Deregulation, who has been delegated this power by the Finance Minister under section 62 of the FMA Act, is responsible for ensuring that the determination is implemented correctly. This includes making the necessary amendments to the Schedules of the Appropriation Acts to reflect the transfer of appropriations. There are no specific offences or penalties mentioned in the determination itself. However, failure to comply with the requirements of the FMA Act or the Legislative Instruments Act 2003 could potentially lead to legal consequences, such as fines or other sanctions. The maximum penalties for breaches of these Acts would need to be referred to in the respective legislation. It is important for the relevant departments and the Secretary of the Department of Finance and Deregulation to ensure that they adhere to the provisions of the FMA Act and the Legislative Instruments Act 2003 in order to avoid any potential legal repercussions.