Overview
The FMA Act Determination 2009/07, issued under the authority of the Minister for Finance and Deregulation, aims to facilitate the transfer of a specific amount of funding from the Department of the Environment, Water, Heritage and the Arts to the Department of Climate Change. Enacted in 2009, this instrument operates under the legislative authority of the Financial Management and Accountability Act 1997 (FMA Act), which empowers the Minister for Finance and Deregulation to amend Appropriation Acts in relation to the transfer of functions between agencies. The policy objective here is to ensure that budgetary allocations are accurately reflected in light of administrative changes, specifically addressing the reallocation of climate change functions from Environment to the DCC. This determination effectively adjusts the departmental items in the Appropriation Act (No. 1) 2008-2009 to align with the transfer that occurred on 3 December 2007.
Scope and Application
The FMA Act Determination 2009/07 pertains to the transfer of functions from the Department of the Environment, Water, Heritage and the Arts to the Department of Climate Change. This instrument was issued under the authority of the Minister for Finance and Deregulation, pursuant to subsection 32(2) of the Financial Management and Accountability Act 1997. It specifically addresses the amendment of the Appropriation Act (No. 1) 2008-2009 to facilitate the transfer of $3,939,555.00 from the departmental item of the Environment department to that of the Department of Climate Change. This transfer reflects the administrative changes that occurred on 3 December 2007, where certain climate change functions were moved from the former department to the latter. The effect of this determination is a reduction in the departmental item for the Department of the Environment, Water, Heritage and the Arts, and a corresponding increase for the Department of Climate Change. The instrument was prepared with consultation from both departments, ensuring compliance with the Legislative Instruments Act 2003.
Key Provisions
The operative sections of the FMA Act Determination 2009/07 pertain primarily to the transfer of a specific amount from the Department of the Environment, Water, Heritage and the Arts to the Department of Climate Change. Specifically, section 32(2) of the Financial Management and Accountability Act 1997 (FMA Act) empowers the Minister for Finance and Deregulation to amend the schedules of the Appropriation Acts, as detailed in Schedule 1 of this instrument. This amendment involves a transfer of $3,939,555.00 from the departmental item of the Environment to that of the Department of Climate Change. This change is effective from the date the instrument was made, 12 May 2009, and it adjusts the appropriation allocations as per the administrative changes that occurred on 3 December 2007, specifically the transfer of climate change functions from the former to the latter department.
The Act imposes several obligations and requirements on the parties involved. The Minister for Finance and Deregulation, having the power under subsection 32(2) of the FMA Act, must ensure that the amendment to the Appropriation Act reflects the transfer of functions and funds accurately. The Secretary of the Department of Finance and Deregulation, to whom this power has been delegated, must also oversee that the amendment is correctly implemented in accordance with the Act. Additionally, officials within the Department of Finance are tasked with the administrative details of making these amendments, ensuring that all necessary documentation and legislative instruments comply with the requirements of the FMA Act.
In terms of consequences for non-compliance, the FMA Act does not explicitly detail offences, penalties, or consequences for breaches related to this specific determination. However, general provisions within the Act may apply. For instance, any failure to comply with the Act could potentially result in administrative penalties, as well as broader implications for the integrity of the financial management processes within the government. It is important for the involved parties to ensure accuracy and adherence to the Act to avoid any potential repercussions that might stem from non-compliance with legislative instruments.