Overview
The FMA Act Determination 2009/14, issued on 8 October 2009, is a legislative instrument that amends the Appropriation Act (No. 1) 2007-2008 under the authority of the Financial Management and Accountability Act 1997 (FMA Act). This instrument was enacted by the Minister for Finance and Deregulation, as delegated by the Secretary of the Department of Finance and Deregulation, and subsequently by officials within the Finance department. The primary purpose of this Determination is to facilitate the transfer of a specific appropriation amount from the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG) to the Australian Transport Safety Bureau (ATSB). This transfer, amounting to $6,413,264.00, addresses the financial implications arising from the establishment of the ATSB as an independent statutory agency, ensuring that appropriate funding is allocated to support its operations and functions. Both DITRDLG and ATSB were consulted in the preparation of this instrument, as required by the Legislative Instruments Act 2003.
Scope and Application
The FMA Act Determination 2009/14 pertains to the transfer of functions and appropriations between the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG) and the Australian Transport Safety Bureau (ATSB). Authorised under subsection 32(2) of the Financial Management and Accountability Act 1997, the instrument is a result of the Minister for Finance and Deregulation’s delegation of power to the Secretary of the Department of Finance and Deregulation, who in turn delegated it to officials within the department. The purpose of the instrument is to amend the Appropriation Act (No. 1) 2007-2008 by transferring $6,413,264.00 from the departmental item of DITRDLG to that of ATSB. This transfer reflects the establishment of ATSB as an independent statutory agency and is designed to adjust the budgetary allocations accordingly. The instrument operates within the Commonwealth jurisdiction and applies directly to the financial items of the two government entities involved, ensuring that the transfer is accurately reflected in the budgetary framework. No exclusions or exemptions are specified in the text, and the transfer is limited to the amount and the specific entities mentioned.
Key Provisions
The FMA Act Determination 2009/14 (section 32) primarily involves the transfer of a specified amount from the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG) to the Australian Transport Safety Bureau (ATSB). Specifically, the instrument reduces the departmental item for DITRDLG by $6,413,264.00 and increases the departmental item for ATSB by the same amount (section 1). This transfer reflects the establishment of ATSB as an independent statutory agency and is intended to ensure the new agency has the necessary resources.
This Act imposes specific obligations on the parties involved. The Finance Minister, under subsection 32(2) of the FMA Act, is authorised to make determinations regarding the transfer of functions between agencies. This power is further delegated to the Secretary of the Department of Finance and Deregulation and subsequently to officials within the department (sections 53 and 62 of the FMA Act). The determination ensures that the transfer of funds is properly reflected in the relevant appropriation act and that both DITRDLG and ATSB are consulted during the preparation of the instrument, as mandated by the Legislative Instruments Act 2003.
In terms of legal consequences, the Act does not explicitly state any penalties or criminal consequences for breach. However, the importance of adhering to the legislative process and the obligations set forth by the FMA Act suggests that failure to comply with these requirements could lead to administrative or financial repercussions. Such non-compliance might result in the need for corrective actions to rectify any discrepancies in the appropriation allocations, potentially impacting the operational budgets of the affected departments. The Act ensures that the transfer is executed in accordance with legislative requirements, thereby maintaining fiscal accountability and transparency in government operations.