Overview
The FMA Act Determination 2009/08, enacted on 11 May 2009, was introduced under the authority of the Minister for Finance and Deregulation, pursuant to subsection 32(2) of the Financial Management and Accountability Act 1997. This instrument was created to address the need for financial reallocation following the transfer of specific functions related to managing water resources in the Murray-Darling Basin from the Department of the Environment to the Murray-Darling Basin Authority. The enactment aimed to facilitate a seamless transition by adjusting the departmental items in the Appropriation Act (No. 1) 2008-2009 accordingly, transferring $270,000.00 from the Murray-Darling Basin Authority to the Department of the Environment, Water, Heritage and the Arts. The policy objective was to ensure that financial resources were appropriately aligned with the newly assigned responsibilities, thereby maintaining the integrity and efficiency of government operations.
Scope and Application
The FMA Act Determination 2009/08, crafted under the authority of the Minister for Finance and Deregulation, pertains to the transfer of specific functions from the Murray-Darling Basin Authority (MDBA) to the Department of the Environment, Water, Heritage and the Arts. The instrument specifically adjusts the Appropriation Act (No. 1) 2008-2009 by reallocating $270,000 from the MDBA's departmental item to that of the Environment department. This reallocation reflects the transfer of the managing water resources in the Murray-Darling function from the Environment department to the MDBA. The determination is underpinned by the Financial Management and Accountability Act 1997, with the power to amend appropriation acts stemming from subsection 32(2) of the FMA Act. This authority has been delegated to the Secretary of the Department of Finance and Deregulation, who in turn has delegated it to officials within the Finance department. Both the MDBA and the Environment department were consulted during the preparation of this instrument, ensuring that the transfer is both legally sound and aligned with the intended functions of the respective authorities.
Key Provisions
The main operative sections of the FMA Act Determination 2009/08 (paragraph 1) involve the transfer of a specific amount of $270,000 from the Murray-Darling Basin Authority (MDBA) to the Department of the Environment, Water, Heritage and the Arts (Environment). This transfer is documented in Schedule 1 of the instrument, which amends the Appropriation Act (No. 1) 2008-2009. This amendment results in a reduction of the departmental item for MDBA and an increase for the Environment, reflecting the reallocation of funds due to the transfer of a function related to managing water resources in the Murray-Darling Basin.
The Act imposes obligations on the entities involved, primarily ensuring that the transfer of functions and associated appropriations is conducted in a transparent and compliant manner. The consultation requirement, as noted in the explanatory statement, highlights the importance of engaging the relevant parties—MDBA and Environment—during the preparation of this instrument. This ensures that the transfer is well-understood and agreed upon by all parties involved, which is crucial for maintaining the integrity and efficiency of the appropriations process.
Failure to adhere to the provisions set out in this Determination could potentially result in legal or administrative consequences. Although specific offences, penalties, or civil/criminal consequences are not detailed within the explanatory statement, breaches of the Financial Management and Accountability Act 1997 (FMA Act) or related appropriation acts can generally lead to financial misallocation, mismanagement of public funds, and possibly legal action against the involved parties. Given the context of public sector financial management, penalties could range from administrative sanctions to more severe legal repercussions depending on the nature and impact of the breach.