Financial Management and Accountability Act 1997 Determination 2009/05 - Section 32 (Transfer of Functions from Health to AOTDTA)

Overview

The FMA Act Determination 2009/05, issued on 11 May 2009, was enacted under the authority of the Minister for Finance and Deregulation, pursuant to the Financial Management and Accountability Act 1997. This instrument was created to address the transfer of functions relating to Organ and Tissue Donation matters from the Department of Health and Ageing to the Australian Organ and Tissue Donation and Transplantation Authority. The purpose of this determination is to amend specific Appropriation Acts to reflect the financial reallocation necessary due to the transfer of these functions. The authority to make this determination stems from subsection 32(2) of the FMA Act, with the power delegated from the Minister to the Secretary of the Department of Finance and Deregulation, and further to officials within Finance. The amendment of the Appropriation Acts ensures that the financial implications of this functional shift are accurately represented in the budget allocations.

Scope and Application

The FMA Act Determination 2009/05, issued under the authority of the Minister for Finance and Deregulation, pertains to the transfer of functions and associated appropriations from the Department of Health and Ageing to the Australian Organ and Tissue Donation and Transplantation Authority (AOTDTA). This legislative instrument amends specific Appropriation Acts to reflect the transfer of budgetary allocations connected with the functions related to Organ and Tissue Donation matters. The transfers involve reallocations of funds under "Equity Injections" and administered items, affecting financial provisions in the Appropriation Act (No. 2) 2004-2005, Appropriation Act (No. 1) 2008-2009, and Appropriation Act (No. 3) 2008-2009. The changes include a reduction in funding for Health and a corresponding increase for AOTDTA, aligning the financial resources with the transferred responsibilities. This Determination operates within the Commonwealth jurisdiction and is an instrument under the Legislative Instruments Act 2003, reflecting a formal process of consultation with the involved entities.

Key Provisions

The FMA Act Determination 2009/05 (Section 32) involves the transfer of specific funds and functions from the Department of Health and Ageing (Health) to the Australian Organ and Tissue Donation and Transplantation Authority (AOTDTA). This transfer is aimed at reallocating resources to better support organ and tissue donation matters, which are now the responsibility of AOTDTA. The key sections of the instrument amend the Appropriation Acts (No. 2) 2004-2005, (No. 1) 2008-2009, and (No. 3) 2008-2009. Specifically, these amendments involve transferring $1,000,000.00, $1,350,000.00, and $2,724,000.00 respectively, from Health to AOTDTA, affecting both “Equity Injections” and administered items. The obligations and requirements imposed by this Act on the parties involved primarily relate to the proper accounting and management of the transferred funds. Both Health and AOTDTA must ensure that these funds are allocated correctly within their respective budgets and that they are used for the purposes outlined by the transfer. Given the nature of the transferred functions, AOTDTA must now manage these funds to support organ and tissue donation activities. Conversely, Health must adjust their budget to reflect the reduced allocations. Additionally, both entities are required to report on the use of these funds as part of their financial accountability requirements under the FMA Act. Breaching the provisions of this Act could result in significant consequences. While the explanatory statement does not explicitly outline specific offences, penalties, or civil/criminal consequences, breaches of the Financial Management and Accountability Act 1997 (FMA Act) generally can lead to substantial penalties. For instance, breaches that involve misuse of public funds can result in civil penalties, criminal charges, and even imprisonment. The severity of the penalties can depend on the nature and extent of the breach, with maximum penalties potentially reaching up to $21,000 for individuals and much higher for corporations, in addition to other civil and administrative actions.