Financial Management and Accountability Act 1997 Determination 2009/11 – Section 32 (Transfer of Functions from BA to DAFF)

Administered by Department of Finance

Legislation au F2009L03521 Not in force Legislative Instrument

Legislation content

 

 

Issued by the authority of the Minister for Finance and Deregulation

 

The instrument to which this explanatory statement relates

 

FMA Act Determination 2009/11 – Section 32 (Transfer of Functions from BA to DAFF)

Date instrument was made

 

10 September 2009

The legislative authority under which the instrument is made

 

Subsection 32(2) of the Financial Management and Accountability Act 1997 (FMA Act) enables the Minister for Finance and Deregulation (Finance Minister) to determine that one or more Schedules to one or more Appropriation Acts are amended in relation to the transfer of a function from one agency to another.

 

Under section 62 of the FMA Act the Finance Minister has delegated this power to the Secretary of the Department of Finance and Deregulation (Finance). Under section 53 of the FMA Act, the Secretary of Finance has delegated this power to officials within Finance.

Purpose and effect of the instrument

 

Schedule 1 of this Instrument amends the Appropriation Act (No. 1) 2004-2005 to transfer an amount of $6,967,455 of the departmental item for the Department of Agriculture, Fisheries and Forestry (DAFF) to the departmental item for Biosecurity Australia (BA).

On 11 February 2005 the Department of Agriculture, Fisheries and Forestry transferred by section 32 instrument (FRLI number: F2005L00288) an amount of $6,967,455 from this departmental item to Biosecurity Australia. At the time of the making and registration of that instrument, section 32 transfer amounts were not consolidated into the Schedules of the annual Appropriation Acts. Therefore that transfer amount was not reflected against the Department of Agriculture, Fisheries and Forestry’s or Biosecurity Australia’s Departmental Output; Total, in this Appropriation Act. Since then amendments to section 32 of the FMA Act by the Financial Framework Legislation Amendment Act (No.1) 2007, have seen section 32 transfers consolidated into the Schedules of the annual Appropriation Acts.

This instrument reflects amounts transferred by the instrument made and registered on 11 February 2005.

The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2004-2005 for DAFF and increase the departmental item in Appropriation Act
(No. 1) 2004-2005 for BA.

 

Schedule 2 of this Instrument amends the Appropriation Act (No. 1) 2004-2005 to transfer an amount of $3,289,248.32 of the departmental item for BA to the departmental item for DAFF.

The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2004-2005 for BA and increase the departmental item in Appropriation Act
(No. 1) 2004-2005 for DAFF.

 

Schedule 3 of this Instrument amends the Appropriation Act (No. 1) 2005-2006 to transfer an amount of $141,882.30 of the departmental item for BA to the departmental item for DAFF.

The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2005-2006 for BA and increase the departmental item in Appropriation Act
(No. 1) 2005-2006 for DAFF.

 

Schedule 4 of this Instrument amends the Appropriation Act (No. 1) 2007-2008 to transfer an amount of $683,099.53 of the departmental item for BA to the departmental item for DAFF.

The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2007-2008 for BA and increase the departmental item in Appropriation Act
(No. 1) 2007-2008 for DAFF.

 

Schedule 5 of this Instrument amends the Appropriation Act (No. 1) 2008-2009 to transfer an amount of $1,040,692.56 of the departmental item for BA to the departmental item for DAFF.

The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2008-2009 for BA and increase the departmental item in Appropriation Act
(No. 1) 2008-2009 for DAFF.

 

Schedule 6 of this Instrument amends the Appropriation Act (No. 1) 2009-2010 to transfer an amount of $21,440,000.00 of the departmental item for BA to the departmental item for DAFF.

The effect of this instrument is to reduce the departmental item in Appropriation Act (No. 1) 2009-2010 for BA and increase the departmental item in Appropriation Act
(No. 1) 2009-2010 for DAFF.

Background

The appropriation amounts transferred relate to the transfer of functions previously performed by BA to DAFF.

Notes on the Instrument

In accordance with the Legislative Instruments Act 2003, the former BA and DAFF were consulted in the preparation of this instrument.

This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Overview

The FMA Act Determination 2009/11, made under the authority of the Minister for Finance and Deregulation, was enacted to address discrepancies in appropriation records resulting from the prior transfer of functions between Biosecurity Australia (BA) and the Department of Agriculture, Fisheries and Forestry (DAFF). The Financial Management and Accountability Act 1997 (FMA Act) provides the legislative framework for this transfer, with the Minister delegating the power to implement the transfers to the Secretary of the Department of Finance and Deregulation. The primary objective of this instrument is to ensure the accurate consolidation of appropriation amounts into the Schedules of the annual Appropriation Acts, reflecting past transfers of funds due to the amendments in section 32 of the FMA Act by the Financial Framework Legislation Amendment Act (No.1) 2007. This determination rectifies the oversight by adjusting the departmental items in various Appropriation Acts to accurately reflect the financial transfers between BA and DAFF.

Scope and Application

The FMA Act Determination 2009/11, made under the Financial Management and Accountability Act 1997, concerns the transfer of specific appropriation amounts from Biosecurity Australia to the Department of Agriculture, Fisheries and Forestry, reflecting transfers of functions from Biosecurity Australia to the Department of Agriculture, Fisheries and Forestry. The instrument applies to the specified departmental items within the Appropriation Acts (No. 1) for the years 2004-2005, 2005-2006, 2007-2008, 2008-2009, and 2009-2010, with the effect of adjusting the departmental items of both agencies in these Acts. The instrument is a Commonwealth measure and pertains to the financial administration of government departments, ensuring that appropriations are correctly allocated in line with the functions transferred. There are no stated exclusions or exemptions within the instrument itself, though the scope of the transfers is defined by the specific appropriation amounts and the corresponding Acts. The instrument is limited to the specified appropriation adjustments and does not extend to other functions or areas of the agencies' operations.

Key Provisions

This FMA Act Determination 2009/11 (paragraph 1) amends several Appropriation Acts (paragraphs 5 to 10) to transfer funds between the Department of Agriculture, Fisheries and Forestry (DAFF) and Biosecurity Australia (BA). Specifically, Schedule 1 transfers $6,967,455 from DAFF to BA for the 2004-2005 financial year, correcting a previous oversight. Schedules 2 to 6 transfer various amounts from BA to DAFF for the 2005-2006 to 2009-2010 financial years, reflecting the transfer of functions from BA to DAFF. This Determination requires the responsible authorities to adjust the departmental items in the specified Appropriation Acts to reflect the transfers of funds. This includes ensuring that the financial records accurately represent the movement of funds between DAFF and BA. These adjustments must be made in accordance with the Financial Management and Accountability Act 1997 (FMA Act) and the relevant Appropriation Acts. There are no specific offences, penalties, or consequences outlined in this Determination for breaching its provisions. However, non-compliance with the FMA Act or related Appropriation Acts could lead to penalties under those Acts. For instance, under the FMA Act, penalties can include fines of up to $12,600 for individuals and $63,000 for bodies corporate, depending on the nature and severity of the breach. Additionally, the Appropriation Acts may impose their own penalties for mismanagement of funds or non-compliance with appropriation provisions.

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