Overview
The Financial Management and Accountability Act 1997 Determination 2010/30, made on 8 November 2010, addresses the need to adjust appropriations following the transfer of specific functions between government departments. Enacted by the Parliament of Australia, the Act was designed to provide the necessary framework for financial management and accountability within the public sector. The policy objective of this particular determination is to ensure that the financial resources allocated for the transferred functions are appropriately re-allocated to reflect the new responsibilities of the Department of Innovation, Industry, Science and Research (DIISR) following the restructuring of ministerial portfolios on 14 September 2010. This instrument facilitates the transfer of $158,356 from the departmental item of the Department of Agriculture, Fisheries and Forestry (DAFF) to the departmental item of DIISR and $1,000,000 from an administered item for Outcome 1 of DAFF to the corresponding item for DIISR.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2010/30 pertains to the transfer of appropriations and functions from the Department of Agriculture, Fisheries and Forestry (DAFF) to the Department of Innovation, Industry, Science and Research (DIISR) under the legislative framework of the Financial Management and Accountability Act 1997 (FMA Act). This instrument applies to the appropriations previously allocated to DAFF and now redirected to DIISR as a result of the ministerial portfolio restructuring and departmental renaming on 14 September 2010. Specifically, it involves the transfer of $158,356 of the departmental item for DAFF to the departmental item for DIISR, and $1,000,000 of administered item for Outcome 1 from DAFF to the administered item for Outcome 1 for DIISR, effectively reallocating financial resources to support the transferred food industry policy functions. The instrument is a legislative instrument within the scope of the Legislative Instruments Act 2003 and was prepared with consultation between the Department of Agriculture, Fisheries and Forestry and the Department of Innovation, Industry, Science and Research.
Key Provisions
The Financial Management and Accountability Act 1997 Determination 2010/30 (the "Determination") pertains to the transfer of certain appropriations and functions from the Department of Agriculture, Fisheries and Forestry (DAFF) to the Department of Innovation, Industry, Science and Research (DIISR). Specifically, Section 1 of the Determination (Schedule 1) transfers $158,356 from the departmental item for DAFF to the departmental item for DIISR, and $1,000,000 from the administered item for Outcome 1 of DAFF to the administered item for Outcome 1 of DIISR. This transfer of funds reflects the reallocation of responsibilities associated with food industry policy functions following a ministerial portfolio restructure on 14 September 2001.
The Determination imposes several obligations on the entities it governs. Firstly, it mandates that the specified appropriations be moved from DAFF to DIISR, ensuring that the financial resources are aligned with the new departmental responsibilities. Additionally, the entities must adhere to the guidelines and regulations outlined in the Financial Management and Accountability Act 1997, which governs financial management practices across Australian government departments. These obligations include maintaining accurate financial records, ensuring that funds are utilised for their intended purposes, and reporting any discrepancies or issues to the relevant authorities.
Failure to comply with the provisions of the Determination or the Financial Management and Accountability Act 1997 may result in civil or criminal consequences. Under the FMA Act, breaches of financial management regulations can lead to penalties, including fines and imprisonment for individuals found guilty of serious offences. For instance, section 126 of the FMA Act provides that a person who is guilty of an offence against the Act is liable to a penalty of up to $21,000 for a corporation or up to $4,200 for an individual. More serious offences can result in higher penalties, with imprisonment being a possible outcome. It is essential that the departments involved in the transfer strictly adhere to the legal requirements to avoid any legal repercussions.