Overview
The FMA Act Determination 2009/09, issued on 14 May 2009 by the Minister for Finance and Deregulation, addresses the transfer of functions and related appropriations from the Department of Immigration and Citizenship (DIAC) to the Australian Customs Service (Customs). Enacted under the authority of the Financial Management and Accountability Act 1997, the instrument aims to amend the Appropriation Act (No. 1) 2008-2009, specifically transferring $531,829.00 from DIAC to Customs to reflect the reallocation of maritime people smuggling functions. The purpose of this transfer is to ensure that the financial allocations accurately mirror the functional shifts between the agencies, thereby facilitating better financial management and accountability. This determination was made in consultation with both DIAC and Customs, as required by the Legislative Instruments Act 2003.
Scope and Application
The FMA Act Determination 2009/09, which involves the transfer of functions from the Department of Immigration and Citizenship (DIAC) to the Australian Customs Service (Customs), applies to the reallocation of a specific appropriation amount of $531,829.00 from DIAC to Customs. This transfer is necessitated by the movement of maritime people smuggling functions from DIAC to Customs, as stipulated under the Financial Management and Accountability Act 1997 (FMA Act). The legislation is made under the authority of the Minister for Finance and Deregulation, who has delegated the power to amend appropriation acts to the Secretary of the Department of Finance and Deregulation, who in turn has delegated it to relevant officials within the department. The effect of this Determination is a financial adjustment in the Appropriation Act (No. 1) 2008-2009, reducing DIAC's departmental item and increasing Customs' departmental item by the specified amount. The instrument adheres to the requirements of the Legislative Instruments Act 2003, ensuring consultation with the involved agencies, DIAC and Customs, during its preparation.
Key Provisions
The FMA Act Determination 2009/09, under section 32, specifies the transfer of a specific amount of $531,829.00 from the Department of Immigration and Citizenship (DIAC) to the Australian Customs Service (Customs) (section 1). This transfer is part of a broader function reallocation related to maritime people smuggling responsibilities. The determination modifies the Appropriation Act (No. 1) 2008-2009 to reflect this financial reallocation, decreasing DIAC's departmental item by the specified amount and correspondingly increasing Customs' departmental item by the same amount (section 1).
This Act imposes several obligations on the involved parties. DIAC and Customs were both consulted during the preparation of this instrument, as required by the Legislative Instruments Act 2003 (section 1). The Minister for Finance and Deregulation, who has the legislative authority under subsection 32(2) of the FMA Act, delegated this power to the Secretary of the Department of Finance and Deregulation. The Secretary, in turn, delegated this authority to officials within the Department of Finance (sections 62 and 53 of the FMA Act). This chain of delegation ensures that the transfer of functions and the corresponding financial adjustments are carried out with due process and oversight.
Failure to comply with the provisions of this Determination could lead to various consequences, though specific offences, penalties, or consequences are not detailed in the explanatory statement. However, given the legislative context and the nature of the FMA Act, breaches could potentially result in administrative penalties or other legal repercussions as stipulated by relevant legislation. The exact penalties would depend on the specific nature of the breach and could involve both civil and criminal liabilities, depending on the context and severity of the violation.