Overview
The FMA Act Determination 2008/70 was enacted on 19 December 2008 by the authority of the Minister for Finance and Deregulation. This determination was made under the authority of the Financial Management and Accountability Act 1997 and addresses the need to transfer functions and associated funding between the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) and the Department of Education, Employment and Workplace Relations (DEEWR). Specifically, the determination facilitates the transfer of $17,095,000.00 from FaHCSIA to DEEWR as part of the reallocation of childcare policy and programs. This transfer is intended to streamline the administration and execution of these programs under the appropriate department, ensuring that funding aligns with the new responsibilities. The purpose of this instrument is to amend the Appropriation Act (No. 1) 2006-2007 by reducing the administered item for FaHCSIA and inserting it for DEEWR, thereby reflecting the reallocation of resources and responsibilities.
Scope and Application
The FMA Act Determination 2008/70, issued under the authority of the Minister for Finance and Deregulation, pertains to the transfer of specific financial functions from the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to the Department of Education, Employment and Workplace Relations (DEEWR). This instrument is made under the Financial Management and Accountability Act 1997, specifically subsection 32(2), and involves the amendment of the Appropriation Act (No. 1) 2006-2007. The purpose of this instrument is to reallocate $17,095,000.00 from an administered item under Outcome 3 for FaHCSIA to an administered item under Outcome 1 for DEEWR, reflecting the transfer of childcare policy and programs. The geographic reach of this Act is Commonwealth, impacting federal departments involved in the transfer. While the instrument itself does not explicitly state exclusions or thresholds, the transfer of functions is likely subject to the conditions and limitations inherent in the original appropriation acts and the FMA Act. The instrument has been prepared in consultation with FaHCSIA and DEEWR, as required by the Legislative Instruments Act 2003, and serves as a legislative instrument under that Act.
Key Provisions
The FMA Act Determination 2008/70 (s. 32) facilitates the transfer of an amount of $17,095,000.00 from the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to the Department of Education, Employment and Workplace Relations (DEEWR). This transfer involves amending the administered item for Outcome 3 of FaHCSIA to Outcome 1 of DEEWR, as detailed in the Appropriation Act (No. 1) 2006-2007. This transfer is specifically related to the reallocation of funds for childcare policy and programs. The Finance Minister has the authority to make such determinations under subsection 32(2) of the Financial Management and Accountability Act 1997 (FMA Act), and this power has been further delegated to the Secretary of the Department of Finance and Deregulation, and subsequently to officials within the department.
This instrument imposes a clear obligation on the Finance Minister to ensure the accurate transfer of funds between the specified departments. It also mandates that FaHCSIA and DEEWR be consulted during the preparation of such legislative instruments, as required by the Legislative Instruments Act 2003. The determination ensures that the transfer of the specified amount is properly documented and that the financial implications are accurately reflected in the relevant appropriations act.
Breach of the provisions set out in the FMA Act Determination 2008/70 could lead to civil or criminal consequences, depending on the nature and extent of the breach. Under the Legislative Instruments Act 2003, any failure to comply with the legislative instrument may result in penalties. While the specific penalties are not detailed within the explanatory statement, they would typically involve fines or other legal sanctions as prescribed by the relevant legislation. The precise consequences would be determined by the courts based on the circumstances of the breach and the applicable laws.