Financial Management and Accountability Act 1997 Determination 2010/04 - Section 32 (Transfer of Functions from ATO to MA)

Overview

The FMA Act Determination 2010/04, made on 4 February 2010 by the Minister for Finance and Deregulation under the authority of the Financial Management and Accountability Act 1997, addresses the need to reallocate budgetary resources in response to a transfer of functions between government agencies. Specifically, this instrument facilitates the transfer of funding from the Australian Taxation Office (ATO) to Medicare Australia (MA) in relation to the implementation of the Superannuation Clearing House Facility. The purpose of this determination is to amend the Appropriation Acts (No. 1 and No. 2) 2009-2010 to reflect the reallocation of $4,000,000.00 from the ATO's departmental item to MA, thereby ensuring that the budget accurately represents the change in functional responsibilities between these agencies.

Scope and Application

The FMA Act Determination 2010/04 pertains to the transfer of specific financial functions and appropriations from the Australian Taxation Office (ATO) to Medicare Australia (MA), as authorised under the Financial Management and Accountability Act 1997 (FMA Act). This determination specifically addresses the transfer of an amount of $4,000,000.00 from the departmental item for the ATO to MA, with $1,530,000.00 being transferred under the Appropriation Act (No. 1) 2009-2010 and the remaining $2,470,000.00 under the Appropriation Act (No. 2) 2009-2010, the latter representing an equity injection for MA. This transfer is directly related to the reallocation of the function for implementing the Superannuation Clearing House Facility. The instrument is applicable to the specified entities, ATO and MA, and the financial adjustments are delineated within the stated appropriation acts, affecting their respective budgetary allocations for the financial years 2009-2010. The instrument does not specify any exclusions, exemptions, or thresholds, but it does rely on the authority granted under the FMA Act, with powers delegated through the Minister for Finance and Deregulation to the Secretary of the Department of Finance and Deregulation, and subsequently to relevant officials within the department.

Key Provisions

The FMA Act Determination 2010/04 encompasses two primary schedules, each addressing the transfer of specific funds between government agencies. Schedule 1 of the Determination modifies the Appropriation Act (No. 1) 2009-2010 to reallocate $4,000,000.00 from the Australian Taxation Office (ATO) to Medicare Australia (MA). Specifically, $1,530,000.00 is transferred directly to the departmental item of MA, while the remaining $2,470,000.00 is earmarked for an "Equity Injection" under Schedule 2 of the same Determination, affecting the Appropriation Act (No. 2) 2009-2010. The purpose of these transfers is to facilitate the reassignment of a specific function from the ATO to the MA, namely the implementation of the Superannuation Clearing House Facility. The obligations imposed by this Determination include the formal reallocation of specified funds from the ATO to MA as detailed in the schedules. This involves meticulous adjustments to the relevant appropriation acts to reflect the new allocations accurately. Both the ATO and MA must comply with these adjustments, ensuring that the financial records and budgetary allocations are updated to reflect the transfers. These changes are intended to streamline the implementation of the Superannuation Clearing House Facility under the jurisdiction of MA. The FMA Act Determination 2010/04 does not explicitly outline specific offences, penalties, or consequences for non-compliance within the text provided. However, any breach of the Financial Management and Accountability Act 1997 (FMA Act), under which this Determination is made, may lead to administrative, civil, or criminal repercussions. The severity of penalties can vary depending on the nature and extent of the breach, with potential outcomes including fines, imprisonment, or other legal actions as stipulated by relevant legislation. The onus is on the involved parties to adhere strictly to the financial and administrative directives outlined in the Determination to avoid any legal complications.