Financial Management and Accountability Act 1997 Determination 2010/07 – Section 32 (Transfer of Functions from DEWHA to DCCEE)

Overview

The FMA Act Determination 2010/07, made under the Financial Management and Accountability Act 1997, was enacted on 30 April 2010 to address the issue of transferring appropriations for climate change functions from the Department of the Environment, Water, Heritage and the Arts (DEWHA) to the Department of Climate Change and Energy Efficiency (DCCEE). The enactment was necessitated by the Administrative Arrangements Order of 3 December 2007, which transferred these functions from DEWHA to the Department of Climate Change, later renamed as DCCEE. This determination was made by the Secretary of the Department of Finance and Deregulation, who was delegated with the authority to make such determinations by the Minister for Finance and Deregulation. The primary effect of the determination is to adjust the departmental items in the Appropriation Acts (No. 1) 2008-2009, (No. 1) 2009-2010, and (No. 2) 2009-2010, effectively reducing the allocations for DEWHA and increasing those for DCCEE to align with the function transfers. The intent behind the legislation is to ensure proper allocation of budgetary resources in line with the reorganised government functions.

Scope and Application

The FMA Act Determination 2010/07, made under the Financial Management and Accountability Act 1997, pertains to the transfer of specific appropriations from the Department of the Environment, Water, Heritage and the Arts (DEWHA) to the Department of Climate Change and Energy Efficiency (DCCEE). This transfer reflects the reassignment of climate change functions from DEWHA to DCCEE, as mandated by the Administrative Arrangements Order dated 3 December 2007. The instrument amends various Appropriation Acts to reflect these changes, effectively reducing the departmental items for DEWHA and increasing those for DCCEE by the specified amounts. The authority for making this determination is derived from the Financial Management and Accountability Act 1997, with the power delegated to the Minister for Finance and Deregulation, who in turn delegated this responsibility to the Secretary of the Department of Finance and Deregulation, who further delegated it to relevant officials within the Finance Department. The affected entities are DEWHA and DCCEE, and the changes apply to the financial years specified in the Appropriation Acts.

Key Provisions

The FMA Act Determination 2010/07 (F2010L01156) provides for the transfer of specific appropriations from the Department of the Environment, Water, Heritage and the Arts (DEWHA) to the Department of Climate Change and Energy Efficiency (DCCEE). Schedule 1 of the instrument transfers $750,815.45 from the departmental item of DEWHA to DCCEE under the Appropriation Act (No. 1) 2008-2009. Schedule 2 adjusts the same amount, $750,815.45, under the Appropriation Act (No. 1) 2009-2010. Finally, Schedule 3 transfers $50,000.00 from the Equity Injections item of DEWHA to DCCEE under the Appropriation Act (No. 2) 2009-2010. The cumulative effect of these schedules is to reduce the budgetary allocations of DEWHA and increase those of DCCEE by the specified amounts. This Determination imposes obligations on the officials within the Department of Finance and Deregulation, who are responsible for the administration and enforcement of the FMA Act. The Secretary of the Department of Finance and Deregulation has delegated the power to make this determination to relevant officials. These officials must ensure that the transfers of appropriations are accurately reflected in the relevant Appropriation Acts. This includes maintaining records and documentation that demonstrate compliance with the provisions of the instrument. The process also necessitates consultation with DEWHA and DCCEE to ensure the accuracy and appropriateness of the transfers. The FMA Act Determination 2010/07 does not explicitly outline specific offences, penalties, or consequences for breaches of its provisions. However, any failure to comply with the determination could potentially result in legal consequences under the broader framework of the FMA Act, which includes provisions for penalties and enforcement actions for non-compliance with appropriation laws. The exact nature and severity of such consequences would depend on the specific circumstances and the applicable laws governing financial management and appropriations in Australia.