Financial Management and Accountability Act 1997 Determination 2008/57 – Section 32 (Transfer of Functions from Environment to OPH)

Overview

The FMA Act Determination 2008/57, issued under the Financial Management and Accountability Act 1997, was enacted to facilitate the transfer of appropriations related to the functions of Old Parliament House (OPH) from the Department of the Environment, Water, Heritage and the Arts (Environment) to OPH itself. The determination was made possible by the delegation of powers from the Minister for Finance and Deregulation to the Secretary of the Department of Finance and Deregulation. This transfer of appropriations, amounting to $9,500,000.00 from the annual Appropriation Act (No. 1) 2008-2009, was necessary following the establishment of OPH as a prescribed Agency under the FMA Act, effective from 1 July 2008. The policy objective was to ensure a seamless financial transition for OPH while maintaining accountability and compliance with the legislative requirements as outlined in the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2008/57 pertains to the transfer of appropriations from the Department of the Environment, Water, Heritage and the Arts to Old Parliament House, which has been designated as an Agency under the Financial Management and Accountability Act 1997. This transfer is necessitated by the relocation of certain functions related to Old Parliament House from the Department of the Environment to Old Parliament House itself. The determination facilitates the reallocation of $9,500,000.00 from the annual Appropriation Act (No. 1) 2008-2009, specifically from the departmental item for Environment to the departmental item for Old Parliament House. This instrument operates within the Commonwealth jurisdiction and applies to the specified entities involved in the function transfer. Any adjustments to the scope or application of this Determination are to be made through subordinate instruments, as permitted by the Legislative Instruments Act 2003. Notably, the preparation of this instrument involved consultations with both the Department of the Environment and Old Parliament House, ensuring that the transition is managed effectively and transparently.

Key Provisions

The FMA Act Determination 2008/57 (subsection 32(2)) allows the Minister for Finance and Deregulation to transfer appropriations between agencies under the FMA Act. This particular determination concerns the transfer of funds related to the Old Parliament House (OPH) from the Department of the Environment, Water, Heritage and the Arts (Environment) to OPH. Specifically, it involves a transfer of $9,500,000.00 from the annual Appropriation Act (No. 1) 2008-2009. The purpose of this transfer is to align funding with the relevant functions of OPH, which was established as an Executive Agency under the Public Service Act 1999 and became a prescribed Agency under the FMA Act from 1 July 2008. Under this determination, both Environment and OPH have a responsibility to ensure that the transfer of appropriations is carried out in accordance with the provisions of the FMA Act. This includes the accurate and timely transfer of the specified amount from the departmental item for Environment to the departmental item for OPH, as outlined in the annual Appropriation Act (No. 1) 2008-2009. The consultation requirement under the Legislative Instruments Act 2003 mandates that both agencies were involved in the preparation of this instrument to ensure transparency and proper governance. Failure to comply with the requirements of the FMA Act Determination 2008/57 could lead to various civil or criminal consequences. While the specific penalties are not detailed in the determination, breaches of the FMA Act generally could result in significant penalties under Australian law. For instance, officers or employees who fail to comply with the Act's requirements might face fines or imprisonment, depending on the severity of the breach. Additionally, any misallocation or mismanagement of funds could lead to financial penalties or legal action against the responsible parties. It is essential for both Environment and OPH to adhere strictly to the terms of this determination to avoid any potential legal repercussions.