Financial Management and Accountability Act 1997 Determination 2008/64 – Section 32 (Transfer of Functions from the former DITR to DIISR)

Overview

The FMA Act Determination 2008/64 was enacted to address the need for adjusting appropriations in the annual Appropriation Acts following the transfer of functions between government departments. This instrument was issued under the authority of the Minister for Finance and Deregulation and provides a mechanism to amend the appropriations schedules to reflect changes in departmental arrangements. The underlying purpose of the determination is to ensure that financial allocations are accurately reflected in the appropriation acts following the reorganisation of government departments, as per the administrative arrangements order of 3 December 2007. The savings provision included in the determination ensures that any actions taken under the previous determination remain valid, thereby preserving the integrity of financial transactions and accountability. This determination is part of the legislative framework that supports the Financial Management and Accountability Act 1997, ensuring that the financial administration of the Commonwealth is properly managed and transparent.

Scope and Application

The FMA Act Determination 2008/64 pertains to the transfer of appropriations between the former Department of Innovation, Industry, Science and Research (DITR) and the Department of Industry, Innovation, Science, Research and Tertiary Education (DIISR) under the Financial Management and Accountability Act 1997. This determination is an administrative measure issued by the Minister for Finance and Deregulation, reflecting changes in departmental arrangements resulting from the administrative arrangements order of 3 December 2007. It amends the annual Appropriation Acts to accurately reflect the transfer of functions and appropriations between these two departments, with the specific focus on revising the amounts of departmental items transferred from DITR to DIISR. The determination applies to the Commonwealth of Australia and is applicable to the financial year 2005-2006, specifically revising the appropriation amount from $9,905,626.10 to $7,784,642.11. The instrument also includes a savings provision to ensure the validity of any actions taken under the previous determination. The authority for this determination is derived from the FMA Act and the Legislative Instruments Act 2003, which mandates consultation with the relevant departments in the preparation of such instruments.

Key Provisions

The FMA Act Determination 2008/64 amends the schedules of annual Appropriation Acts in relation to the transfer of functions between agencies under the Financial Management and Accountability Act 1997 (FMA Act) (subsection 32(2)). This particular determination, made on 16 July 2008, revises the amounts of appropriations transferred from the former Department of Industry, Tourism and Resources (DITR) to the Department of Industry, Innovation, Science, Research and Tertiary Education (DIISR) (Schedule 3). The authority to make such determinations is delegated by the Minister for Finance and Deregulation to the Secretary of the Department of Finance and Deregulation (section 62 of the FMA Act). This determination follows changes in departmental arrangements and seeks to reflect the administrative arrangements order of 3 December 2007, made by the Governor-General in Council. Under the determination, Schedule 3 of the FMA Act Determination 2008/50, originally made on 30 June 2008, is amended to reflect the changes in the amounts of appropriations transferred from DITR to DIISR in the Appropriation Act (No. 1) 2005-2006. The amounts have been revised from $9,905,626.10 to $7,784,642.11, reflecting the accurate transfer of funds in accordance with the new departmental arrangements. This amendment ensures that the appropriations are correctly aligned with the updated departmental functions and responsibilities. The FMA Act Determination 2008/64 also includes a savings provision to preserve the validity of any actions taken under the previous instrument, the FMA Act Determination 2008/50. This ensures that any transactions or obligations undertaken under the previous determination remain legally binding and valid, preventing any potential disruptions or complications arising from the amendments. Additionally, the determination notes that the former DITR and DIISR were consulted in the preparation of this instrument, as required by the Legislative Instruments Act 2003. While the determination itself does not specify any offences or penalties for non-compliance, breaches of the provisions outlined in the FMA Act or any related legislation may result in civil or criminal consequences, depending on the nature and severity of the breach. Penalties for breaches of the FMA Act or related legislation can include fines and imprisonment, with the exact penalties varying according to the specific offence and jurisdiction. The determination operates within the legislative framework established by the FMA Act and other relevant laws, and any enforcement actions would be taken in accordance with those laws.