Financial Management and Accountability Act 1997 Determination 2009/02 - Section 32 (Transfer of Functions from Health to AOTDTA)

Overview

The Financial Management and Accountability Act 1997 (FMA Act) was enacted to ensure that the Australian Government’s financial management and accountability practices are in line with modern standards. The FMA Act Determination 2009/02, made under the authority of the Minister for Finance and Deregulation, was introduced to address the transfer of financial functions from the Department of Health and Ageing to the Australian Organ and Tissue Donation and Transplantation Authority (AOTDTA). This determination amends the relevant appropriation acts to reflect the reallocation of specific funds as a result of the functional transfer. The policy objective here is to ensure a seamless and accurate financial transition between the departments involved. The enactment was authorised by the Financial Management and Accountability Act 1997, and the process of making the determination was overseen by the Department of Finance and Deregulation, with consultation undertaken with both the Department of Health and Ageing and the Australian Organ and Tissue Donation and Transplantation Authority to ensure that the changes were well-communicated and understood by all parties. This determination is a legislative instrument, and thus subject to the provisions of the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2009/02 pertains to the transfer of specific financial allocations from the Department of Health and Ageing to the Australian Organ and Tissue Donation and Transplantation Authority (AOTDTA), as authorised under the Financial Management and Accountability Act 1997 (FMA Act). This instrument specifically amends the Appropriation Acts of 2004–2005 and 2008–2009 to reflect the transfer of funds related to "Equity Injections" and other departmental items. The transfer of these funds is tied to the delegation of functions concerning organ and tissue donation from the Department of Health to AOTDTA. The instrument applies to the Commonwealth level, as it involves amendments to federal appropriation acts, and it has been prepared in consultation with the relevant departments to ensure compliance and accuracy in the financial adjustments. There are no stated exclusions or exemptions within the scope of this determination, which directly affects the financial allocations between these two entities.

Key Provisions

The primary sections of the FMA Act Determination 2009/02 (sections 1-3) relate to the transfer of specific amounts from the Department of Health and Ageing (Health) to the Australian Organ and Tissue Donation and Transplantation Authority (AOTDTA). Section 1 of the instrument reduces the appropriation of $795,000.00 under "Equity Injections" in the Appropriation Act (No. 2) 2004-2005 for Health and transfers it to AOTDTA. Section 2 reduces the appropriation of $105,000.00 under "Equity Injections" in the Appropriation Act (No. 4) 2004-2005 for Health, also transferring it to AOTDTA. Section 3 reduces the appropriation of $1,160,000.00 under a departmental item in the Appropriation Act (No. 1) 2008-2009 for Health and transfers it to AOTDTA. This is in line with the transfer of functions relating to organ and tissue donation matters and associated components from Health to AOTDTA. The obligations and requirements imposed by the Act are primarily procedural and administrative. It mandates the amendment of specific appropriation acts to reflect the transfer of funds from Health to AOTDTA. This includes the detailed adjustments to the equity injections and departmental items listed in the schedules of the instrument. The act ensures that the transfer of these appropriations is formally recognised and documented within the relevant legislation. Additionally, it mandates consultation with the affected departments, Health and AOTDTA, during the preparation of the instrument, ensuring that the transfer is conducted in accordance with the provisions of the Financial Management and Accountability Act 1997 (FMA Act). The Act does not explicitly outline specific offences, penalties, or consequences for breach within the text provided. However, breaches of the Financial Management and Accountability Act 1997, under which this determination is made, could lead to civil or criminal penalties depending on the nature and severity of the breach. Civil penalties might include fines up to a maximum specified by the relevant laws, while criminal penalties might include imprisonment, reflecting the seriousness of mismanagement or unlawful appropriation of funds within the Australian government framework. The precise penalties would be determined by the courts based on the specific circumstances of any breach.