Financial Management and Accountability Act 1997 Determination 2008/69 – Section 32 (Transfer of Functions from Environment to Health)

Overview

The FMA Act Determination 2008/69 was enacted in 2008 under the authority of the Minister for Finance and Deregulation, pursuant to the Financial Management and Accountability Act 1997 (FMA Act). The primary objective of this instrument was to facilitate the transfer of specific funding allocations from the Department of the Environment, Water, Heritage and the Arts to the Department of Health and Ageing. This transfer was necessitated by the reallocation of the Indigenous Sport and Recreation Program from the former department to the latter. The enactment of this instrument ensured that the appropriations were correctly reflected in the relevant Appropriation Acts, thereby maintaining financial accountability and integrity. The legislative process involved consultations with both departments to ensure the amendments were accurately executed, as required by the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2008/69, made under the authority of the Minister for Finance and Deregulation, serves to facilitate the transfer of specific appropriations from the Department of the Environment, Water, Heritage and the Arts to the Department of Health and Ageing. This transfer is a result of the relocation of the Indigenous Sport and Recreation Program from the former to the latter department. The instrument, which amends the Appropriation Acts (No. 1) 2005-2006 and 2008-2009, involves the re-allocation of $159,344.22 and $1,948,207.00, respectively, from the departmental item for Environment to that for Health. This adjustment ensures that financial resources are correctly aligned with the functions managed by each department, reflecting the operational changes resulting from the program transfer. The Determination operates within the Commonwealth jurisdiction and affects only the specified departments and their budgetary allocations for the specified financial years.

Key Provisions

The FMA Act Determination 2008/69 (section 32) is a legislative instrument under the Financial Management and Accountability Act 1997 (FMA Act). This instrument, made on 3 December 2008, facilitates the transfer of functions and their associated funding from the Department of the Environment, Water, Heritage and the Arts to the Department of Health and Ageing. Specifically, it directs the amendment of the Appropriation Acts for the years 2005-2006 and 2008-2009 to reflect the reallocation of funds related to the transfer of the Indigenous Sport and Recreation Program. The authority for this transfer stems from the Minister for Finance and Deregulation, who has the power under the FMA Act to amend appropriation acts regarding the transfer of functions. This power is delegated to the Secretary of the Department of Finance and Deregulation, who in turn has delegated it to officials within the department. The obligations imposed by the FMA Act Determination 2008/69 are primarily procedural and administrative. The determination requires the officials involved to ensure that the necessary adjustments are made to the Appropriation Acts as specified. This includes reducing the departmental item for the Department of the Environment, Water, Heritage and the Arts by the amounts transferred and increasing the departmental item for the Department of Health and Ageing by the same amounts. Furthermore, the determination ensures that the transfer of funds is accurately reflected in the financial records and that the changes are communicated to the relevant departments and stakeholders. There are no direct obligations placed on the Environment or Health departments beyond acknowledging the transfer of funds and adjusting their budgets accordingly. There are no specific offences, penalties, or civil or criminal consequences outlined within the FMA Act Determination 2008/69 for breaches of its provisions. The instrument is a formal, administrative procedure designed to effectuate the transfer of funds between departments as authorised by the FMA Act. However, non-compliance with the terms of the determination or failure to properly adjust the appropriation acts could potentially lead to financial mismanagement or misallocation of funds, which might attract scrutiny or corrective actions under other provisions of the FMA Act or related financial management regulations.