Overview
The FMA Act Determination 2009/16, issued under the authority of the Minister for Finance and Deregulation, addresses the transfer of financial responsibilities from the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG) to the Australian Transport Safety Bureau (ATSB). Enacted on 16 November 2009, this instrument was made pursuant to subsection 32(2) of the Financial Management and Accountability Act 1997 (FMA Act). The objective is to facilitate the reallocation of $87,000.00 from DITRDLG to ATSB, reflecting the establishment of ATSB as an independent statutory agency and ensuring the financial resources are appropriately allocated for its operational needs. This transfer is documented in the Appropriation Act (No. 1) 2009-2010, adjusting the departmental items for both DITRDLG and ATSB accordingly. The process was conducted in consultation with both DITRDLG and ATSB, as required under the Legislative Instruments Act 2003.
Scope and Application
The FMA Act Determination 2009/16 pertains to the transfer of functions and associated funding from the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG) to the Australian Transport Safety Bureau (ATSB). This transfer is specifically related to the establishment of the ATSB as an independent statutory agency, which is reflected in the amendment of an appropriation amount of $87,000.00 from DITRDLG to ATSB. The determination is executed under the authority conferred by the Financial Management and Accountability Act 1997, with the Minister for Finance and Deregulation having delegated this power to the Secretary of the Department of Finance and Deregulation. The instrument amends the Appropriation Act (No. 1) 2009-2010, thereby adjusting the departmental items for both DITRDLG and ATSB. This process ensures that the transfer of funds aligns with the legislative framework governing financial management and accountability within the Australian government.
Key Provisions
The FMA Act Determination 2009/16 (subsection 32(2)) provides the legal framework for the transfer of a specific amount of funding from the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG) to the Australian Transport Safety Bureau (ATSB) as detailed in Schedule 1 of the Appropriation Act (No. 1) 2009-2010. This transfer is executed to support the establishment of ATSB as an independent statutory agency. This determination adjusts the departmental items, effectively reducing DITRDLG’s appropriation by $87,000 and increasing ATSB’s appropriation by the same amount.
The Act imposes clear obligations on both DITRDLG and ATSB to facilitate the smooth transition of the specified appropriation. DITRDLG must ensure the decrement in its budget is managed within its financial planning and reporting frameworks. Conversely, ATSB is required to utilise the additional funding for purposes directly aligned with its role as an independent statutory agency, ensuring compliance with budgetary guidelines and financial regulations. Both departments must adhere to reporting requirements under the FMA Act to maintain transparency and accountability in the financial management of these transfers.
Violations of the obligations set out in the Act may result in various legal consequences. The FMA Act provides for both civil and criminal penalties for breaches. Civil penalties may include fines up to a specified amount as determined by the relevant legislation, while criminal penalties may include imprisonment or fines, depending on the severity and intent of the breach. The maximum penalties are stipulated under the FMA Act and related financial management legislation, ensuring that any non-compliance is met with appropriate sanctions to uphold the integrity of the financial management system.