Overview
The FMA Act Determination 2010/13, issued under the authority of the Minister for Finance and Deregulation, was enacted to facilitate the transfer of functions and associated appropriations from the Department of Families, Housing, Community Services and Indigenous Affairs (FAHCSIA) to the Department of Human Services (DHS). This determination was made to address the need for a clear legal mechanism to reassign budgetary allocations following the transfer of governance of the Family Assistance Office from FAHCSIA to DHS. The purpose of this instrument is to amend the Appropriation Act (No. 1) 2009-2010 by transferring $11,566.00 from the departmental item of FAHCSIA to that of DHS, thereby reflecting the shift in administrative responsibilities. The instrument operates under the authority of the Financial Management and Accountability Act 1997, with the relevant powers delegated to the Secretary of the Department of Finance and Deregulation, and subsequently to officials within Finance. This legislative instrument adheres to the requirements of the Legislative Instruments Act 2003, ensuring that both FAHCSIA and DHS were consulted during its preparation.
Scope and Application
The FMA Act Determination 2010/13, made under the authority of the Minister for Finance and Deregulation, pertains to the transfer of functions and associated appropriations from the Department of Families, Housing, Community Services and Indigenous Affairs (FAHCSIA) to the Department of Human Services (DHS). This instrument specifically modifies the Appropriation Act (No. 1) 2009-2010 by reallocating $11,566.00 from the departmental item of FAHCSIA to that of DHS, reflecting the transfer of governance of the Family Assistance Office. The geographic and jurisdictional reach of this Act is confined to the Commonwealth level, affecting only the specified departments within the federal government. It is noteworthy that the instrument does not extend beyond the transfer of these specific funds, and no exclusions or exemptions are explicitly stated within the determination. The effect is limited to the financial reallocation outlined and does not imply broader changes in operational responsibilities or legislative mandates for the affected departments.
Key Provisions
The FMA Act Determination 2010/13 (sections 1-5) is a legislative instrument under the Financial Management and Accountability Act 1997, enabling the transfer of a specific appropriation amount from the Department of Families, Housing, Community Services and Indigenous Affairs (FAHCSIA) to the Department of Human Services (DHS). This transfer is necessitated by the shift in governance of the Family Assistance Office from FAHCSIA to DHS. Specifically, section 1 of the Determination references the authority under subsection 32(2) of the FMA Act, and section 2 outlines the transfer of $11,566.00 from FAHCSIA to DHS.
The obligations imposed by this Act are primarily administrative and financial. The Minister for Finance and Deregulation, through delegation to the Secretary of the Department of Finance and Deregulation and further to officials within Finance, is responsible for ensuring the smooth transfer of the specified appropriation amount. This involves amending the relevant Schedule of the Appropriation Act (No. 1) 2009-2010 to reflect the transfer. Additionally, the Act mandates that FAHCSIA and DHS were consulted in the preparation of this instrument, ensuring transparency and cooperation between the departments involved.
There are no explicit offences, penalties, or consequences for breach outlined in the text of this Determination. However, the nature of the Determination implies that failure to comply with the financial transfer provisions could lead to significant financial mismanagement or misallocation, which might result in broader administrative or legal repercussions. The Determination, being a legislative instrument under the Legislative Instruments Act 2003, adheres to the legislative standards for accuracy and procedural correctness in such transfers.