Financial Management and Accountability Act 1997 Determination 2009/13 - Section 32 (Transfer of Functions from AFPCS to FWA)

Overview

The Financial Management and Accountability Act 1997 (FMA Act) provides the legislative framework for the Financial Management and Accountability Act Determination 2009/13, which was enacted to address the need for financial adjustments following the transfer of functions from the Australian Fair Pay Commission Secretariat (AFPCS) to Fair Work Australia (FWA). This determination was issued by the authority of the Minister for Finance and Deregulation on 18 September 2009, under the power delegated by the Minister in accordance with section 32(2) of the FMA Act. The instrument aims to ensure that the appropriate appropriation amounts are adjusted to reflect the transfer of responsibilities and resources from AFPCS to FWA, as mandated by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. The policy objective is to maintain fiscal integrity and clarity in the appropriations process following the restructuring of government agencies.

Scope and Application

The FMA Act Determination 2009/13 pertains to the transfer of specific budgetary allocations from the Australian Fair Pay Commission Secretariat (AFPCS) to Fair Work Australia (FWA), a process resulting from the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. This instrument, made under the authority of the Minister for Finance and Deregulation, modifies three Appropriation Acts from the financial years 2006-2007, 2007-2008, and 2008-2009. The purpose of the Determination is to adjust the departmental items by transferring funds from AFPCS to FWA, thereby reflecting the reallocation of functions and resources. The instrument directly affects the budgetary allocations within the specified Appropriation Acts, reducing the departmental item for AFPCS and increasing it for FWA by the specified amounts in each Act. This change is purely financial and administrative, with no impact on the broader regulatory or operational functions of the entities involved. The instrument is a legislative instrument under the Legislative Instruments Act 2003, ensuring that the necessary consultations with AFPCS and FWA have been conducted during its preparation.

Key Provisions

The FMA Act Determination 2009/13 (Schedules 1, 2, and 3) is an instrument that amends the Appropriation Acts for the years 2008-2009, 2007-2008, and 2006-2007, respectively, to reflect the transfer of financial allocations from the Australian Fair Pay Commission Secretariat (AFPCS) to Fair Work Australia (FWA). These amendments are necessitated by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, which mandated the transfer of AFPCS operations to FWA. The transfers include specified amounts: $2,180,292.70 for the 2008-2009 period, $1,326,712.46 for the 2007-2008 period, and $2,724,364.63 for the 2006-2007 period. Consequently, the departmental items for AFPCS are decreased by these amounts in the respective Appropriation Acts, while the items for FWA are increased by the same amounts. The obligations imposed by this determination are primarily administrative and financial in nature. The Secretary of the Department of Finance and Deregulation, under delegated authority from the Minister for Finance and Deregulation, is responsible for implementing these amendments. This involves ensuring that the financial records and budgetary allocations are updated to reflect the transfers. Both AFPCS and FWA were consulted during the preparation of this instrument, as required by the Legislative Instruments Act 2003, ensuring that the changes are communicated and understood by the affected parties. There are no direct offences, penalties, or specific consequences outlined for breaches of this determination. However, non-compliance with the Financial Management and Accountability Act 1997 (FMA Act) provisions, or failure to correctly implement the amendments as per this determination, could potentially lead to broader financial mismanagement issues. These might include investigations by the Australian National Audit Office, recommendations for corrective actions, or further legislative measures to rectify the non-compliance. It is important for the involved entities to adhere to the directives of this instrument to maintain proper financial governance and accountability.