Overview
The FMA Act Determination 2010/02, enacted on 29 January 2010, was issued under the authority of the Minister for Finance and Deregulation pursuant to the Financial Management and Accountability Act 1997 (FMA Act). This legislation was introduced to facilitate the transfer of certain functions from the Attorney-General’s Department (AGD) to the Department of Finance and Deregulation (Finance). Specifically, the Act addresses the transfer of responsibilities related to the administration of superannuation schemes and death and disability benefits for Federal judges, thereby ensuring that the necessary resources are allocated appropriately within the government. The purpose of this instrument is to amend the Appropriation Act (No. 1) 2009-2010 by transferring $26,000 from AGD to Finance, reflecting the reallocation of these functions. This transfer aims to align budgetary provisions with the changed operational responsibilities.
Scope and Application
The FMA Act Determination 2010/02 pertains to the transfer of specific functions from the Attorney-General's Department (AGD) to the Department of Finance and Deregulation (Finance), particularly those relating to the administration of superannuation schemes and death and disability benefits for federal judges. This instrument amends the Appropriation Act (No. 1) 2009-2010 by reallocating an amount of $26,000 from the AGD's departmental item to that of Finance. The transfer was made under the authority of the Financial Management and Accountability Act 1997 (FMA Act), with the power to amend appropriation acts being delegated by the Minister for Finance and Deregulation to the Secretary of Finance, and subsequently to officials within the Department of Finance and Deregulation. The effect of this Determination is a financial reallocation within the specified appropriation act, impacting the budgetary allocations of the two departments involved. It is pertinent to note that the departments were consulted during the preparation of this instrument in accordance with the Legislative Instruments Act 2003.
Key Provisions
The primary operative sections of the FMA Act Determination 2010/02 (section 32) allow for the transfer of functions between the Attorney-General’s Department (AGD) and the Department of Finance and Deregulation (Finance). Specifically, the determination facilitates the transfer of an amount of $26,000.00 from AGD to Finance, which is reflected in the Appropriation Act (No. 1) 2009-2010. This transfer of funds corresponds to the transfer of administrative functions related to superannuation schemes and death and disability benefits for federal judges from AGD to Finance.
Under this Act, the obligations of both AGD and Finance include ensuring that the financial transfer is accurately reflected in their respective departmental items within the Appropriation Act. The determination requires that these entities manage and report the financial implications of the function transfer correctly. This includes documenting the transfer in their budgetary allocations and ensuring that the funds are used for the specified purposes.
The FMA Act Determination 2010/02 does not explicitly outline specific offences, penalties, or consequences for breach within its text. However, breaches of legislative instruments generally may incur civil or criminal penalties depending on the nature and severity of the breach. The Financial Management and Accountability Act 1997 (FMA Act), under which this determination is made, provides a framework for financial management and accountability, which may include sanctions for non-compliance. The penalties for such breaches could include fines and other administrative actions as prescribed by relevant legislation.