Financial Management and Accountability Act 1997 Determination 2008/61 – Section 32 (Transfer of Functions from the former DEST to DEEWR)

Overview

The FMA Act Determination 2008/61, enacted under the authority of the Minister for Finance and Deregulation, addresses the need to transfer appropriations from the former Department of Education, Science and Training (DEST) to the Department of Education, Employment and Workplace Relations (DEEWR) as a result of administrative changes. The determination, which amends Schedules to annual Appropriation Acts, was necessitated by the administrative arrangements order of 3 December 2007, which resulted in the abolition and establishment of Departments of State. This legislative instrument aims to facilitate the smooth transfer of appropriations and ensure that the financial management reflects the current departmental arrangements. The determination was prepared in consultation with the former DEST and DEEWR as required by the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2008/61 applies to the administrative adjustments arising from the transfer of functions between the former Department of Education, Science and Training (DEST) and the newly established Department of Education, Employment and Workplace Relations (DEEWR). This determination is made under the authority of the Financial Management and Accountability Act 1997, with the primary aim of amending the Schedules of annual Appropriation Acts to reflect the reallocation of appropriations resulting from departmental restructuring. The geographic reach of this legislation is national, as it pertains to the Commonwealth level and affects the entire Australian jurisdiction. The determination specifically transfers appropriations from the former DEST to DEEWR, including an amount of $793,315.67 from the annual Appropriation Act (No. 1) 2006–2007. While the determination itself outlines the transfer of specific appropriations, it does not explicitly state any exclusions, exemptions, or thresholds. However, it is noted that the former DEST and DEEWR were consulted in the preparation of this instrument, ensuring that the transfer aligns with the new departmental functions and objectives.

Key Provisions

The FMA Act Determination 2008/61 (section 32) enables the transfer of appropriations from the former Department of Education, Science and Training (DEST) to the Department of Education, Employment and Workplace Relations (DEEWR). Specifically, subsection 32(2) of the Financial Management and Accountability Act 1997 empowers the Minister for Finance and Deregulation to amend Schedules of annual Appropriation Acts, facilitating the transfer of appropriations linked to the reassignment of functions between agencies under the FMA Act. This power is delegated to the Secretary of the Department of Finance and Deregulation, as per section 62 of the FMA Act. The transfer is necessary to reflect the administrative changes outlined in Special Gazette No. S254, which implements the administrative arrangements order of 3 December 2007, leading to the abolition and establishment of new Departments of State. Under this Determination, an appropriation amount of $793,315.67 from annual Appropriation Act (No. 1) 2006–2007 is transferred from the administered item for Outcome 3 for DEST to the administered item for Outcome 4 for DEEWR. This process ensures that the financial resources are appropriately aligned with the new departmental structures and functions. Both the former DEST and DEEWR were consulted during the preparation of this instrument, in accordance with the Legislative Instruments Act 2003. This consultation ensures that the transfer of appropriations is done in a manner that acknowledges and respects the operational needs and statutory requirements of the involved departments. The Determination imposes specific obligations on the entities it governs. The Secretary of the Department of Finance and Deregulation, in exercising the power under the FMA Act, must ensure that the amendments to the appropriation schedules accurately reflect the transfer of functions and appropriations between the departments. This includes the responsibility to consult with the former DEST and DEEWR as mandated by the Legislative Instruments Act 2003. Furthermore, the determination must be prepared and issued in compliance with the legislative requirements, ensuring that the changes are transparent and legally sound. Any failure to comply with the provisions of this Determination could result in legal consequences. While specific offences and penalties are not detailed within the Determination itself, breaches of the FMA Act and related legislation can lead to civil or criminal penalties. For instance, non-compliance with the FMA Act may result in disciplinary action against public officers, financial penalties, or legal proceedings. Additionally, the Legislative Instruments Act 2003 provides for penalties where an instrument is not properly registered or published, which could include fines or other sanctions. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the applicable legislation.