Overview
The FMA Act Determination 2010/03, issued on 29 January 2010 by the Minister for Finance and Deregulation under the Financial Management and Accountability Act 1997 (FMA Act), addresses the need for financial reallocation following the transfer of specific functions from the Department of Education, Employment and Workplace Relations (DEEWR) to Safe Work Australia (SWA). The determination is designed to amend the Appropriation Act (No. 1) 2008-2009, transferring $2,614,483.61 from the departmental item of DEEWR to that of SWA, thereby facilitating the transition of responsibilities related to harmonised occupational health and safety laws and workers' compensation policy. This legislative instrument ensures that the financial resources align with the new functional responsibilities, reflecting the policy objective of effective governance and financial accountability in the transfer of government functions.
Scope and Application
The FMA Act Determination 2010/03, made under the authority of the Minister for Finance and Deregulation, pertains to the transfer of functions and associated appropriations from the Department of Education, Employment and Workplace Relations (DEEWR) to Safe Work Australia (SWA). This transfer, which involves an appropriation of $2,614,483.61, is specifically related to the establishment of harmonised occupational health and safety laws and the development of national policy on workers' compensation. The instrument amends the Appropriation Act (No. 1) 2008-2009 by reducing the departmental item for DEEWR and inserting the corresponding item for SWA. The geographic reach of this determination is national, as it involves the reallocation of federal funds across Australian jurisdictions to support the implementation of national policies. The instrument is consistent with the Financial Management and Accountability Act 1997, and relevant stakeholders, including DEEWR and SWA, were consulted in its preparation.
Key Provisions
The main operative sections of the FMA Act Determination 2010/03 (paragraph 1) are subsection 32(2) and section 62 of the Financial Management and Accountability Act 1997 (FMA Act). Subsection 32(2) allows the Minister for Finance and Deregulation to amend the appropriations of one or more Acts in relation to the transfer of a function from one agency to another, while section 62 delegates this power to the Secretary of the Department of Finance and Deregulation. This particular instrument, Schedule 1, amends the Appropriation Act (No. 1) 2008-2009 by transferring $2,614,483.61 from the Department of Education, Employment and Workplace Relations (DEEWR) to Safe Work Australia (SWA), reflecting the transfer of functions related to harmonised occupational health and safety laws and national policy on workers' compensation.
The obligations and requirements imposed by the Act on the parties it governs include the consultation process stipulated by the Legislative Instruments Act 2003. This means that both DEEWR and SWA were required to be consulted during the preparation of this instrument to ensure that the transfer of functions and appropriations was conducted in a manner that aligns with their respective mandates and statutory obligations. The act also necessitates adherence to the procedures outlined in the FMA Act, ensuring that any amendments to appropriations are executed in a lawful and transparent manner.
The FMA Act Determination 2010/03 does not explicitly state any specific offences, penalties, or consequences for breach. However, the overarching legislative framework under which this instrument operates includes provisions for penalties in case of non-compliance with the Financial Management and Accountability Act 1997. Under section 115 of the FMA Act, an officer who contravenes the Act can be subject to penalties, including fines and imprisonment, depending on the severity of the breach. The exact penalties are not detailed in this particular instrument but would be governed by the general provisions of the FMA Act.