Overview
The FMA Act Determination 2009/01, issued under the authority of the Minister for Finance and Deregulation, addresses the transfer of specific functions and appropriations from the Department of the Environment, Water, Heritage and the Arts to the Murray-Darling Basin Authority. Enacted on 7 January 2009, this instrument amends the Appropriation Act (No. 1) 2008-2009 to facilitate the transfer of $16,269,558.00 from the departmental item of the Environment to that of the Murray-Darling Basin Authority, aligning with the relocation of water resource management responsibilities. This legislative instrument was made under the Financial Management and Accountability Act 1997, with the intent to ensure proper financial management and accountability during the transition of functions. The enactment of this determination aims to provide clarity and legal effect to the transfer of financial resources in line with the policy objective of enhancing the management of water resources within the Murray-Darling Basin.
Scope and Application
The FMA Act Determination 2009/01, made under the authority of the Minister for Finance and Deregulation, pertains to the transfer of a specific funding allocation from the Department of the Environment, Water, Heritage and the Arts to the Murray-Darling Basin Authority (MDBA). This instrument, which amends the Appropriation Act (No. 1) 2008-2009, is rooted in the legislative framework provided by the Financial Management and Accountability Act 1997 (FMA Act), specifically section 32. The purpose of this Determination is to facilitate the transfer of a departmental item amounting to $16,269,558.00, corresponding to the transfer of the function of managing water resources in the Murray-Darling Basin from the Department of the Environment to the MDBA. This adjustment effectively reduces the funding allocation for the Department of the Environment, Water, Heritage and the Arts and correspondingly increases that for the Murray-Darling Basin Authority. Both the Department of the Environment, Water, Heritage and the Arts and the Murray-Darling Basin Authority were consulted during the preparation of this instrument, in compliance with the Legislative Instruments Act 2003.
Key Provisions
The FMA Act Determination 2009/01 (sections 1-4) pertains to the transfer of financial appropriations from the Department of the Environment, Water, Heritage and the Arts to the Murray-Darling Basin Authority (MDBA). Specifically, section 3(1) details the transfer of $16,269,555.00 from the departmental item of the Department of the Environment to the MDBA. This transfer is tied to the relocation of the responsibility for managing water resources in the Murray-Darling Basin, as outlined in section 3(2). The instrument modifies the Appropriation Act (No. 1) 2008-2009 by reducing the funding allocation for the Department of the Environment and increasing it for the MDBA, as stated in section 3(3).
The parties governed by this Act, primarily the Department of the Environment and the MDBA, are required to ensure that the financial transfer is executed as stipulated. The Department of the Environment must facilitate the reduction of their budget allocation, while the MDBA must be prepared to receive and appropriately allocate the transferred funds. This entails updating their financial records and ensuring compliance with the terms of the transfer, as directed by the Finance Minister and the Secretary of the Department of Finance and Deregulation. The officials within the Department of Finance and Deregulation are responsible for overseeing the transfer and ensuring that it aligns with the legislative requirements.
The Act does not explicitly state penalties for non-compliance. However, failure to adhere to the financial transfer as outlined could lead to broader administrative and financial consequences under the FMA Act and the Appropriation Act. Such non-compliance might result in scrutiny from the relevant authorities, potential audits, or corrective measures to ensure that the funds are appropriately allocated and managed. The absence of specific penalties in this instrument suggests that broader legal frameworks would apply in cases of non-compliance.