Overview
The FMA Act Determination 2009/04, issued under the authority of the Minister for Finance and Deregulation in April 2009, addresses the administrative need to transfer functions and related appropriations from one government department to another. Enacted pursuant to the Financial Management and Accountability Act 1997, this instrument enables the reallocation of $75,000 from the Department of Education, Employment and Workplace Relations to the Department of Innovation, Industry, Science and Research. This transfer was necessitated by the relocation of Science, Research and Innovation programs from DEEWR to DIISR, ensuring that financial allocations are aligned with the functional responsibilities of the relevant departments. The purpose of this instrument is to facilitate a seamless transition of resources and to accurately reflect the budgetary responsibilities in the Appropriation Act (No. 1) 2008-2009.
Scope and Application
The FMA Act Determination 2009/04 pertains to the transfer of functions and appropriations from the Department of Education, Employment and Workplace Relations (DEEWR) to the Department of Innovation, Industry, Science and Research (DIISR). This instrument is an amendment to the Appropriation Act (No. 1) 2008-2009, adjusting the departmental items by transferring $75,000.00 from DEEWR to DIISR. This transfer aligns with the reallocation of Science, Research and Innovation programs. The determination is made under the authority of the Financial Management and Accountability Act 1997 and involves the transfer of funds to reflect the new functional responsibilities. Both DEEWR and DIISR were consulted during the preparation of this instrument, ensuring that the transfer is accurately aligned with the reallocation of duties and resources. This Determination is a legislative instrument under the Legislative Instruments Act 2003, and its effects are limited to the specified transfer of funds within the Appropriation Act.
Key Provisions
The FMA Act Determination 2009/04 (sections 32(2), 62 and 53) is an instrument made under the authority of the Financial Management and Accountability Act 1997. It transfers a specific amount of $75,000 from the Department of Education, Employment and Workplace Relations (DEEWR) to the Department of Innovation, Industry, Science and Research (DIISR). This transfer is reflected in the Appropriation Act (No. 1) 2008-2009, effectively reducing the appropriation for DEEWR and increasing it for DIISR. The transfer is a result of the reallocation of Science, Research and Innovation programs from DEEWR to DIISR. The determination was made after consultation with both DEEWR and DIISR, as required by the Legislative Instruments Act 2003.
The Act imposes a clear requirement on the officials within the Department of Finance and Deregulation to ensure the proper transfer of the specified funds between the two departments. The process of transferring these funds must comply with the provisions set out in the FMA Act. Specifically, the Secretary of the Department of Finance and Deregulation, who has been delegated this power, must ensure that the transfer is accurately reflected in the relevant appropriation acts. This involves meticulous administrative and financial oversight to ensure that the transfer is both lawful and accurately recorded.
The Act does not explicitly state any offences, penalties, or consequences for non-compliance. However, given the nature of the FMA Act and its purpose of ensuring financial accountability and transparency, it can be inferred that any failure to comply with the provisions of this determination could potentially lead to administrative or financial repercussions. These could include audits, investigations, or other corrective actions taken by the relevant authorities to ensure that the transfer of funds is properly accounted for and justified. The severity of these consequences would depend on the specific circumstances of any non-compliance and the discretion of the relevant authorities.