Financial Management and Accountability Act 1997 Determination 2010/29 – Section 32 (Transfer of Functions from DPMC to OAIC)

Overview

The Financial Management and Accountability Act 1997 Determination 2010/29, enacted on 17 November 2010, addresses the transfer of financial functions and appropriations from the Department of the Prime Minister and Cabinet to the Office of the Australian Information Commissioner. This determination was made by the Secretary of the Department of Finance and Deregulation, who was delegated this authority under the Financial Management and Accountability Act 1997. The primary purpose of this instrument is to ensure the appropriate allocation of budgetary resources to the Office of the Australian Information Commissioner following its establishment on 1 November 2010. The determination specifically transfers $4,026,000 from the DPMC’s departmental item to the OAIC’s departmental item under the Appropriation Act (No. 1) 2010-2011 and $2,160,000 from the Equity Injections of the DPMC to the OAIC under the Appropriation Act (No. 2) 2009-2010. This legislative instrument reflects the consolidation of information policy, privacy protection, and freedom of information functions within the OAIC.

Scope and Application

The Financial Management and Accountability Act 1997 Determination 2010/29, specifically Section 32, relates to the transfer of functions from the Department of Prime Minister and Cabinet (DPMC) to the Office of the Australian Information Commissioner (OAIC). This legislative instrument pertains to the reallocation of financial appropriations in the Appropriation Acts 2009-2010 and 2010-2011, resulting in a transfer of funds from the DPMC to the OAIC. This transfer is a direct consequence of the establishment of the OAIC on 1 November, which amalgamated the functions of information policy, privacy protection, and freedom of information into one agency. The instrument amends the departmental items in the Appropriation Acts to reflect the new allocation of financial resources necessary for the OAIC's operations, with Schedule 1 transferring $4,026,000 and Schedule 2 transferring $2,160,000. This determination is authorised under the Financial Management and Accountability Act 1997 and was prepared in consultation with relevant departments as required by the Legislative Instruments Act 2003.

Key Provisions

The Financial Management and Accountability Act 1997 Determination 2010/29 (the Instrument) primarily addresses the transfer of financial functions from the Department of the Prime Minister and Cabinet (DPMC) to the Office of the Australian Information Commissioner (OAIC) as part of a broader restructuring effort. Section 32 of the FMA Act authorises the Minister for Finance and Deregulation to determine amendments to Appropriation Acts to facilitate such transfers. Schedule 1 of the Instrument amends the Appropriation Act (No. 1) 2010-2011 by transferring $4,026,000 from the DPMC’s departmental item to the OAIC’s departmental item. Similarly, Schedule 2 transfers $2,160,000 from the DPMC’s Equity Injections to the OAIC’s Equity Injections under the Appropriation Act (No. 2) 2009-2010. This ensures the OAIC has the necessary funding to manage the functions previously overseen by the DPMC. The Act imposes several obligations on the DPMC and OAIC, including ensuring that the transfer of funds is accurately reflected in their respective financial records and that any changes are communicated to relevant stakeholders. The DPMC must formally relinquish control and oversight of the transferred funds, while the OAIC must accept these funds and integrate them into their budget. Both agencies are required to maintain transparency and accuracy in their financial reporting to reflect the new allocation of funds. Additionally, the DPMC and OAIC must ensure that the transfer does not disrupt existing financial commitments or ongoing projects. The Instrument outlines consequences for non-compliance with the provisions of the Act. While the specific penalties for breaches are not detailed within the text, it is reasonable to infer that breaches could lead to financial mismanagement charges under the Financial Management and Accountability Act 1997. Such breaches could result in civil or criminal penalties, depending on the severity and intent of the violation. The FMA Act generally imposes fines and, in more severe cases, imprisonment for breaches of financial management regulations. The maximum penalties would be determined by the specific nature of the breach and the relevant provisions of the FMA Act.