Overview
The FMA Act Determination 2010/10, made on 17 May 2010, was enacted under the authority of the Minister for Finance and Deregulation in accordance with the Financial Management and Accountability Act 1997. This instrument was designed to address the administrative transfer of functions from the Department of Families, Housing, Community Services and Indigenous Affairs (FAHCSIA) to Centrelink, specifically regarding the administrative responsibility and resources for the National Emergency Call Centre. The determination involves a transfer of $35,000.00 from the departmental item for FAHCSIA to the departmental item for Centrelink as reflected in the Appropriation Act (No. 1) 2009-2010. This shift in budgetary allocation aims to align financial resources with the reassigned responsibilities, ensuring that Centrelink has the necessary funding to manage the transferred functions effectively. The process was conducted in consultation with both FAHCSIA and Centrelink, adhering to the Legislative Instruments Act 2003.
Scope and Application
The FMA Act Determination 2010/10, made under the authority of the Minister for Finance and Deregulation, serves to transfer a specific appropriation amount from the Department of Families, Housing, Community Services and Indigenous Affairs (FAHCSIA) to Centrelink. This transfer of $35,000.00 reflects the reallocation of administrative responsibility and resources for the National Emergency Call Centre from FAHCSIA to Centrelink. The instrument is applicable to the governmental entities of FAHCSIA and Centrelink, impacting their departmental items within the Appropriation Act (No. 1) 2009-2010. This transfer is a Commonwealth-level adjustment, aligning with the functions and resources required for effective service delivery under the new administrative structure. The instrument adheres to the requirements of the Financial Management and Accountability Act 1997, with consultation undertaken with the relevant departments as mandated by the Legislative Instruments Act 2003.
Key Provisions
The FMA Act Determination 2010/10, specifically section 32, facilitates the transfer of certain functions from one agency to another by amending Appropriation Acts as necessary. In this instance, the determination involves the transfer of $35,000.00 from the Department of Families, Housing, Community Services and Indigenous Affairs (FAHCSIA) to Centrelink, as outlined in Schedule 1 of the instrument. This amendment is reflected in the Appropriation Act (No. 1) 2009-2010, where the departmental item for FAHCSIA is reduced by the specified amount, and the departmental item for Centrelink is correspondingly increased. The purpose of this transfer is to align the administrative responsibility and resources for the National Emergency Call Centre with Centrelink.
The obligations imposed by this Determination primarily concern the administrative and financial adjustments that must be made within the affected departments. FAHCSIA must ensure that the financial resources previously allocated for the National Emergency Call Centre are transferred to Centrelink as stipulated. Centrelink, in turn, is responsible for integrating the administrative responsibilities and resources of the National Emergency Call Centre into its existing framework. The determination necessitates that both departments update their records and financial statements to reflect the transfer accurately.
Non-compliance with the provisions of this Determination could potentially lead to administrative inefficiencies or financial discrepancies. However, the explanatory statement does not detail specific offences or penalties for breach. It is assumed that any breaches would be subject to the general provisions of the FMA Act and other relevant legislation. Given the nature of the transfer, breaches could potentially result in civil or administrative consequences, such as financial audits or corrective measures, although specific penalties are not outlined in the explanatory statement.