Overview
The FMA Act Determination 2009/15 was enacted on 16 November 2009, under the authority of the Minister for Finance and Deregulation. The purpose of this instrument was to address the transfer of functions from the Australian Transport Safety Bureau (ATSB) to the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG). This transfer necessitated an adjustment in the appropriation amounts between these two entities, as outlined in Schedule 1 of the Determination, which amends the Appropriation Act (No. 1) 2007-2008. The effect of this amendment was to reduce the departmental item for ATSB by $87,000 and correspondingly increase the departmental item for DITRDLG by the same amount. This transfer reflects the restructuring of responsibilities and funding allocations in line with the establishment of ATSB as an independent statutory agency, as noted in the background of the Determination.
Scope and Application
The FMA Act Determination 2009/15 pertains to a financial adjustment within the Commonwealth of Australia, transferring an appropriation amount of $87,000.00 from the Australian Transport Safety Bureau (ATSB) to the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG). This adjustment, as per the Financial Management and Accountability Act 1997 (FMA Act), is a specific amendment to the Appropriation Act (No. 1) 2007-2008, reducing the budgetary allocation for the ATSB and correspondingly increasing it for DITRDLG. The instrument is enacted under the authority of the Minister for Finance and Deregulation, with delegations to relevant officials within the Department of Finance and Deregulation facilitating its implementation. It is noteworthy that the determination specifically addresses the appropriation related to the establishment of the ATSB as an independent statutory agency. This legislative instrument adheres to the requirements of the Legislative Instruments Act 2003, which includes consultation with the affected entities, ATSB and DITRDLG, during its preparation.
Key Provisions
The primary provision of FMA Act Determination 2009/15 (subsection 32(2) of the Financial Management and Accountability Act 1997) allows the Minister for Finance and Deregulation to alter the appropriations of agencies when a function is transferred from one to another. Specifically, this instrument amends the Appropriation Act (No. 1) 2007-2008 to transfer $87,000 from the Australian Transport Safety Bureau (ATSB) to the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG). This transfer of funds reflects the establishment of ATSB as an independent statutory agency.
Under the FMA Act, the Minister for Finance and Deregulation has the authority to make such determinations, but this power is delegated to the Secretary of the Department of Finance and Deregulation. The Secretary, in turn, can delegate this responsibility to officials within the Department. This hierarchy ensures that the transfer of funds is executed in accordance with the law and with due regard to the agencies involved. The instrument was prepared with consultations with both ATSB and DITRDLG to ensure transparency and fairness in the transfer process.
The obligations and requirements imposed by this Act are primarily procedural. The Finance Minister, through the Secretary and relevant officials, must ensure that the transfer of funds is correctly reflected in the appropriation accounts and that the necessary adjustments are made in the Appropriation Act (No. 1) 2007-2008. Both ATSB and DITRDLG must cooperate in the process, providing any necessary information and confirming the transfer of the specified amount. The Act also requires that this instrument be prepared in accordance with the Legislative Instruments Act 2003, ensuring that the legislative process is followed correctly.
In terms of penalties and consequences, the instrument does not explicitly state any criminal or civil penalties for non-compliance. However, the Act's purpose is to ensure that the transfer of funds is carried out in a lawful and transparent manner. Failure to comply with the requirements of the FMA Act or the Legislative Instruments Act 2003 could potentially lead to legal challenges or other administrative consequences. The focus of the instrument is on ensuring that the transfer of funds is executed correctly and that all parties are properly informed and consulted.