Financial Management and Accountability Act 1997 Determination 2010/12 - Section 32 (Transfer of Functions from AIR to FWA)

Overview

The FMA Act Determination 2010/12 was enacted on 9 July 2010, pursuant to the authority granted by the Financial Management and Accountability Act 1997 (FMA Act). This instrument, made under subsection 32(2) of the FMA Act, facilitates the transfer of functions from the Australian Industrial Registry (AIR) to the Fair Work Australia (FWA) by amending specific Appropriation Acts. The purpose of this Determination is to address the financial re-allocation resulting from the abolition of AIR and its merger with other entities to form FWA. The policy objective here is to ensure a smooth transition and re-allocation of budgetary resources in line with the newly established agency's requirements, reflecting the organisational changes and the continuation of critical functions within the new entity.

Scope and Application

The FMA Act Determination 2010/12 pertains to the transfer of certain appropriation items from the Australian Industrial Registry (AIR), a defunct agency abolished on 1 January 2010, to Fair Work Australia (FWA), an agency established by the merger of AIR, the Australian Industrial Relations Commission, and the Workplace Authority. This transfer is aimed at reallocating financial resources to ensure continuity and efficiency in the functions previously managed by AIR. The determination impacts the appropriation items within the Appropriation Acts (No. 4) 2005-2006, (No. 4) 2006-2007, (No. 1) 2008-2009, and (No. 1) 2009-2010, specifically reducing the budgetary allocations for AIR and correspondingly increasing those for FWA. The jurisdictional reach of this determination is national, as it pertains to Commonwealth agencies and the financial reallocation across various fiscal years, thereby affecting the overall financial management within the Australian federal framework. The determination does not specify any exclusions or thresholds beyond the delineated appropriation items, and its application is strictly limited to the specified transfers as outlined in the schedules of the instrument.

Key Provisions

The FMA Act Determination 2010/12, under section 32(2) of the Financial Management and Accountability Act 1997 (FMA Act), transfers specific appropriation items from the Australian Industrial Registry (AIR) to the Fair Work Australia (FWA). The determination modifies the Appropriation Acts (No. 4) 2005-2006 and 2006-2007, and (No. 1) 2008-2009 and 2009-2010 to reflect these changes. Specifically, Schedule 1 transfers $2,125,000, Schedule 2 transfers $6,677,000, Schedule 3 transfers $34,337,278.46, and Schedule 4 transfers $1,478,822.20 from AIR to FWA, adjusting the respective appropriations accordingly. This legislation imposes specific obligations on the Australian Industrial Registry and Fair Work Australia. The AIR, as a dissolved entity, must ensure the transfer of the specified funds is accounted for and accurately reflected in the financial records. FWA, as the successor agency, must accept the transferred funds and integrate them into their financial management systems. Both agencies are required to comply with the financial management standards set out by the FMA Act and ensure that the transfers are accurately reported and accounted for in the relevant Appropriation Acts. The determination does not explicitly outline specific offences, penalties, or consequences for non-compliance with the transfer provisions. However, under the FMA Act, any failure to comply with financial management and accountability requirements could result in various consequences. These could include financial penalties, disciplinary actions against public officials, or other administrative actions as deemed necessary by the responsible authorities. The maximum penalties would depend on the specific breach and the provisions of the FMA Act that are contravened.