Financial Management and Accountability Act 1997 Determination 2009/06 - Section 32 (Transfer of Functions from Environment to OPH)

Overview

The FMA Act Determination 2009/06, issued under the authority of the Minister for Finance and Deregulation, was enacted on 14 May 2009. It amends two Appropriation Acts to reflect the transfer of specific functions and related funding from the Department of the Environment, Water, Heritage and the Arts (Environment) to Old Parliament House (OPH). This adjustment was necessary to align the financial appropriations with the shift in responsibilities for the management of Old Parliament House. The determination was made under subsection 32(2) of the Financial Management and Accountability Act 1997 (FMA Act), with the Finance Minister delegating this authority to the Secretary of the Department of Finance and Deregulation, who in turn delegated it to officials within Finance. The purpose of this instrument is to ensure that the financial resources are correctly allocated to reflect the new administrative responsibilities of OPH.

Scope and Application

The FMA Act Determination 2009/06, made under the authority of the Minister for Finance and Deregulation, pertains to the financial administration of the Commonwealth by reallocating specific funds and assets between the Department of the Environment, Water, Heritage and the Arts and Old Parliament House. The instrument, which amends the Appropriation Acts (No. 1 and No. 2) for the 2007-2008 financial year, transfers a specified amount from the administered items of the Environment department to Old Parliament House. This transfer reflects a realignment of responsibilities and funding related to the management and operations of Old Parliament House, previously under the purview of the Environment department. The determination is effective in altering the financial allocations within the budgetary framework of the Commonwealth, ensuring that the financial resources align with the current administrative functions and objectives. The instrument operates within the jurisdictional reach of the Commonwealth, governed by the Financial Management and Accountability Act 1997.

Key Provisions

The FMA Act Determination 2009/06 (sections 1 and 2) amends the Appropriation Act (No. 1) 2007-2008 and the Appropriation Act (No. 2) 2007-2008 to transfer funds from the Department of the Environment, Water, Heritage and the Arts to Old Parliament House. Specifically, Schedule 1 transfers $2,095,958.00 from the administered item for Outcome 4 for the Environment department to the administered item for Outcome 1 for Old Parliament House, while Schedule 2 transfers $62.59 from the administered assets and liabilities item for Environment to the administered assets and liabilities item for Old Parliament House. This transfer of funds reflects a reassignment of the funding of functions related to Old Parliament House from the Environment department to Old Parliament House itself. The obligations and requirements imposed by this Determination ensure that the financial resources are correctly allocated and accounted for in the revised appropriation acts, facilitating the smooth transition of these functions. The Determination mandates that the relevant departments adhere to the financial adjustments specified in the schedules. This includes updating their financial records and ensuring that the transferred funds are used for the intended purposes within Old Parliament House. The affected departments must also provide any necessary documentation and justification for the transfers, ensuring transparency and accountability in the financial management process. Additionally, the Determination requires that these changes are reflected in any related financial reports and budget forecasts. There are no explicit offences, penalties, or civil/criminal consequences outlined in this Determination for non-compliance with the financial transfers. However, any failure to comply with the FMA Act, which governs the overall financial management and accountability framework, could result in administrative or legal consequences. Such consequences may include financial penalties, administrative sanctions, or legal actions for breaches of the FMA Act. It is important for the relevant departments to ensure they meet their obligations under this Determination to avoid any potential repercussions under the broader legislative framework.