Overview
The FMA Act Determination 2009/10, enacted on 29 July 2009, was issued under the authority of the Minister for Finance and Deregulation and was created to facilitate the transfer of functions from the Department of Health and Ageing to the Australian Organ and Tissue Donation and Transplantation Authority (AOTDTA). This legislative instrument addresses a gap in the appropriation allocation by amending the Appropriation Act (No. 1) 2009–2010 to transfer an amount of $1,350,000.00 from the administered item for Outcome 13 of the Department of Health and Ageing to the administered item for Outcome 1 of the AOTDTA. The purpose of this transfer is to align the appropriation with the reassignment of responsibilities concerning organ and tissue donation matters. The determination was made in accordance with the Financial Management and Accountability Act 1997, with consultation between the relevant authorities as mandated by the Legislative Instruments Act 2003.
Scope and Application
The FMA Act Determination 2009/10, made under the authority of the Minister for Finance and Deregulation, addresses the transfer of specific functions and corresponding appropriations from the Department of Health and Ageing to the Australian Organ and Tissue Donation and Transplantation Authority (AOTDTA). This instrument was designed to amend the Appropriation Act (No. 1) 2009-2010 by reallocating an amount of $1,350,000.00 from the administered item for Outcome 13 of the Department of Health and Ageing to the administered item for Outcome 1 of the AOTDTA. The transfer is intended to facilitate the reallocation of responsibilities related to organ and tissue donation matters from Health to AOTDTA. Both the Department of Health and Ageing and AOTDTA were consulted in the preparation of this instrument, ensuring that the transition of functions and appropriations is handled in a manner that aligns with their respective operational needs and regulatory frameworks. This Determination is recognised as a legislative instrument under the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of the FMA Act Determination 2009/10 involve amending the Appropriation Act (No. 1) 2009–2010 to facilitate the transfer of a specific amount of funding from the Department of Health and Ageing to the Australian Organ and Tissue Donation and Transplantation Authority. Specifically, the instrument transfers $1,350,000.00 from Outcome 13 of the Department of Health and Ageing to Outcome 1 of the AOTDTA (sections referenced in parentheses). This transfer is to support the reassignment of functions concerning organ and tissue donation matters and associated components from Health to AOTDTA.
The obligations and requirements imposed by this Act primarily revolve around the formal adjustment of budgetary allocations as mandated by the Financial Management and Accountability Act 1997 (FMA Act). The Minister for Finance and Deregulation, under section 32(2) of the FMA Act, has the authority to amend appropriation schedules, which has been further delegated to the Secretary of the Department of Finance and Deregulation and subsequently to officials within Finance under sections 62 and 53 of the FMA Act, respectively. This legislative process ensures that the financial reallocation is properly executed and documented, reflecting the transfer of specific functions and responsibilities.
In terms of consequences for non-compliance or breach, the Act itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaching the provisions of this Determination. However, the general framework established by the FMA Act and other related legislative instruments may still apply, providing mechanisms for enforcement and accountability in the administration of public funds. The transfer, as mandated by this Determination, is intended to ensure that the financial resources are appropriately allocated to support the transferred functions, thereby avoiding any potential legal or financial repercussions associated with misallocation of funds.