Financial Management and Accountability Act 1997 Determination 2008/59 - Section 32 (Transfer of Functions from FaHCSIA to PM&C)

Overview

The FMA Act Determination 2008/59, enacted in 2008, was introduced to facilitate the transfer of appropriations from the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to the Department of the Prime Minister and Cabinet (PM&C), in response to the administrative arrangement changes outlined in the 3 December 2007 administrative arrangements order made by the Governor-General in Council. This determination, issued under the authority of the Minister for Finance and Deregulation, amends the schedules of annual appropriation acts to reflect the transfer of appropriations between these departments. The objective of this determination is to ensure that the legislative instruments align with the new departmental arrangements. It was prepared in consultation with both FaHCSIA and PM&C, as required by the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2008/59, issued under the authority of the Minister for Finance and Deregulation, pertains to the transfer of appropriations from the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to the Department of the Prime Minister and Cabinet (PM&C). This transfer of appropriations is necessitated by the administrative arrangements order of 3 December 2007, which resulted in the abolition and establishment of various Departments of State, requiring amendments to annual Appropriation Acts to reflect these changes. Specifically, the Determination transfers $3,000.00 from the FaHCSIA departmental item to the PM&C departmental item in the annual Appropriation Act (No. 1) 2007-2008. This determination is in line with the Financial Management and Accountability Act 1997, which allows the Minister for Finance and Deregulation to amend Schedules of annual Appropriation Acts for the transfer of appropriations in connection with the transfer of a function between agencies. The power to issue such a determination has been delegated to the Secretary of the Department of Finance and Deregulation. Both FaHCSIA and PM&C were consulted in the preparation of this instrument, which is considered a legislative instrument under the Legislative Instruments Act 2003.

Key Provisions

The FMA Act Determination 2008/59 (subsection 32(2)) involves the transfer of functions between government agencies and the consequent adjustment of appropriations under the Financial Management and Accountability Act 1997 (FMA Act). Specifically, this determination allows for the transfer of appropriations from the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to the Department of the Prime Minister and Cabinet (PM&C). This is done to align with the administrative changes resulting from the abolition and establishment of Departments of State, as reflected in Special Gazette No. S254 and the Governor-General's Council order of 3 December 2007. Under this determination, a specific appropriation of $3,000.00 from the annual Appropriation Act (No. 1) 2007-2008 has been transferred from the FaHCSIA departmental item to the PM&C departmental item. The power to make such a determination was delegated from the Minister for Finance and Deregulation to the Secretary of the Department of Finance and Deregulation under section 62 of the FMA Act. The FaHCSIA and PM&C were consulted in the preparation of this instrument, in accordance with the Legislative Instruments Act 2003. This determination is a legislative instrument for the purposes of that Act. The obligations imposed by this determination on the parties involved are primarily administrative and procedural. Both FaHCSIA and PM&C must ensure that the transferred appropriation is accounted for and utilized within the parameters set by their respective departmental budgets. The Secretary of the Department of Finance and Deregulation, as the authority overseeing the determination, must ensure that all administrative changes and appropriations transfers are documented and recorded accurately in the relevant Appropriation Acts. Additionally, both departments must adhere to the provisions of the FMA Act and the Legislative Instruments Act 2003, which govern the preparation and implementation of such determinations. In terms of consequences for breach, the FMA Act and the Legislative Instruments Act 2003 do not specify particular offences or penalties related to this determination. However, non-compliance with the FMA Act could lead to broader accountability and financial management issues, which may be subject to review and audit by the relevant authorities. Any mismanagement or misallocation of the transferred appropriation could result in financial irregularities that might be addressed under the general provisions of the FMA Act, potentially leading to disciplinary or administrative actions against the responsible officials. The consequences for non-compliance are more likely to be administrative and financial rather than criminal in nature.