Financial Management and Accountability Act 1997 Determination 2008/66 – Section 32 (Transfer of Functions from Environment to MDBA)

Overview

The FMA Act Determination 2008/66 was enacted to facilitate the transfer of appropriations from the Department of the Environment, Water, Heritage and the Arts to the Murray-Darling Basin Authority (MDBA), as permitted by the Financial Management and Accountability Act 1997. This legislative instrument was issued under the authority of the Minister for Finance and Deregulation and was prepared in accordance with the Legislative Instruments Act 2003. The primary objective of this Determination is to amend the Schedules to annual Appropriation Acts to accommodate the transfer of appropriations, ensuring a smooth transition of functions between the two agencies. The determination was developed with consultation from both the Environment department and the MDBA, reflecting a collaborative approach to financial management and accountability.

Scope and Application

The FMA Act Determination 2008/66 applies to the transfer of specific appropriations from the Department of the Environment, Water, Heritage and the Arts to the Murray-Darling Basin Authority, as authorised under the Financial Management and Accountability Act 1997. This transfer of appropriations, amounting to $2,566,000 from the annual Appropriation Act (No. 1) 2007-2008, is intended to facilitate the realignment of resources to better support the functions and operations of the MDBA. The determination amends the Schedules of the relevant Appropriation Acts, thereby effectuating the transfer in accordance with the provisions of the FMA Act. The authority to make such determinations has been delegated from the Minister for Finance and Deregulation to the Secretary of the Department of Finance and Deregulation. Both the Environment department and the MDBA were consulted in the preparation of this instrument, as required by the Legislative Instruments Act 2003, which also classifies the Determination as a legislative instrument.

Key Provisions

The FMA Act Determination 2008/66, as detailed in subsection 32(2) of the Financial Management and Accountability Act 1997, outlines the process for transferring appropriations between agencies under the FMA Act. This particular determination facilitates the transfer of funds from the Department of the Environment, Water, Heritage and the Arts to the Murray-Darling Basin Authority. Specifically, it involves the transfer of $2,566,000 from the annual Appropriation Act (No. 1) 2007-2008. This transfer is intended to support the MDBA's functions, which are related to the financial management and accountability of these funds. Under this determination, the Minister for Finance and Deregulation, or the delegated Secretary of the Department of Finance and Deregulation, has the authority to amend the relevant schedules of the annual Appropriation Acts to reflect the transfer of these appropriations. This amendment ensures that the funds are correctly allocated to the MDBA, allowing for efficient financial management and accountability as required by the FMA Act. It is crucial that both the Department of the Environment, Water, Heritage and the Arts and the MDBA were consulted during the preparation of this instrument, as mandated by the Legislative Instruments Act 2003. The obligations imposed by this determination include ensuring that the transfer of funds is accurately reflected in the annual Appropriation Acts. Both the originating and receiving agencies must comply with the FMA Act's requirements for financial management and accountability. The MDBA must ensure that the transferred funds are used in accordance with their designated purposes, while the Department of the Environment, Water, Heritage and the Arts must account for the re-allocation of these funds in their financial records. Breaches of the requirements outlined in the determination could result in civil or criminal consequences, depending on the nature and severity of the violation. The penalties for non-compliance can vary, but under the FMA Act, severe breaches may result in significant fines or even imprisonment for individuals found guilty of misconduct in office. The exact penalties would be determined by the specific circumstances of the breach and the relevant laws governing financial mismanagement or accountability failures.