Overview
The Financial Management and Accountability Act 1997 Determination 2010/28, made on 24 November 2010, was enacted to facilitate the transfer of specific functions from the Attorney-General’s Department (AGD) to the Department of Regional Australia, Regional Development and Local Government (DORA), as directed by the change in the Administrative Arrangements Order effective 14 September 2010. This legislative instrument was made under the authority granted by subsection 32(2) of the FMA Act, enabling the Minister for Finance and Deregulation to amend Appropriation Acts concerning the transfer of functions. The purpose of this determination is to adjust the departmental items in the Appropriation Acts to reflect the reallocation of budgetary resources corresponding with the transfer of functions. The determination reduces the budgetary allocation of AGD and increases that of DORA, ensuring financial accountability aligns with the new functional responsibilities.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2010/28, made under the authority of the Financial Management and Accountability Act 1997, pertains to the transfer of functions from the Attorney-General’s Department (AGD) to the Department of Regional Australia, Regional Development and Local Government (DORA) due to changes in the Administrative Arrangements Order. This legislative instrument specifically addresses the financial implications of the transfer by amending relevant Appropriation Acts to adjust the departmental items of both AGD and DORA. The adjustments involve reductions in AGD’s budgetary allocations and corresponding increases in DORA’s allocations. The changes reflect the reallocation of financial resources to accommodate the shift in responsibilities, with the amendments reducing AGD’s departmental items by specific amounts across different fiscal years and increasing DORA’s departmental items to accommodate the new functions. This instrument operates within the Commonwealth jurisdiction, impacting the financial management and accountability framework of federal departments.
Key Provisions
The Financial Management and Accountability Act 1997 Determination 2010/28 (the Determination) primarily involves amendments to the Appropriation Acts to reflect the transfer of functions from the Attorney-General’s Department (AGD) to the Department of Regional Australia, Regional Development and Local Government (DORA). Specifically, Schedule 1 of the Determination reduces the departmental item of the AGD by $2,231,105.49 in the Appropriation Act (No. 1) 2009-2010, Schedule 2 reduces the AGD by $100,876 in the Appropriation Act (No. 3) 2009-2010, and Schedule 3 reduces the AGD by $1,848,178 and increases the DORA by $4,180,159.49 in the Appropriation Act (No. 1) 2010-2011. These adjustments are a direct result of the transfer of functions related to the territories, which was implemented as per the change in the Administrative Arrangements Order effective from 14 September 2010.
The Determination imposes specific obligations on the relevant departments, namely the AGD and DORA, to ensure the financial implications of the function transfer are accurately reflected in the appropriations. Both departments must comply with the changes as specified in the amended Appropriation Acts, ensuring that the financial allocations are adjusted accordingly. Additionally, the Finance Minister, under the authority of the Financial Management and Accountability Act 1997 (FMA Act), is responsible for overseeing these amendments to ensure they align with the broader financial management and accountability frameworks in place.
Breaches of the provisions outlined in the Determination may result in civil or criminal consequences, depending on the nature and severity of the violation. While specific offences and penalties are not detailed in the explanatory statement, the FMA Act generally provides for substantial penalties for non-compliance with appropriation acts, which may include fines and imprisonment. The exact penalties would depend on the specific breach and the relevant provisions of the FMA Act and other applicable legislation. Ensuring adherence to these financial management requirements is crucial for maintaining the integrity of the nation's fiscal operations.