Overview
The Financial Management and Accountability Act 1997 Determination 2010/31 was enacted on 17 November 2010 to address the need for financial adjustments arising from the transfer of specific functions between government agencies. This legislative instrument was introduced to facilitate the transfer of appropriations relating to cyber policy co-ordination functions from the Australian Security Intelligence Organisation (ASIO) to the Department of the Prime Minister and Cabinet (DPMC) in response to a restructuring of ministerial portfolios and departmental renaming as per the changes to the Administrative Arrangements Order on 14 September 2010. The enactment body, the Minister for Finance and Deregulation, authorised this transfer through the delegation of powers under the Financial Management and Accountability Act 1997, ensuring the necessary appropriations are reallocated to align with the new functional responsibilities. The policy objective is to maintain fiscal integrity and accountability during transitions in departmental functions.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2010/31, specifically Section 32, pertains to the transfer of functions from the Australian Security Intelligence Organisation (ASIO) to the Department of the Prime Minister and Cabinet (DPMC). This instrument applies to the reallocation of appropriations within the Appropriation Act (No. 1) 2010-2011, transferring an amount of $320,000.00 from ASIO to DPMC. This transfer reflects the realignment of responsibilities following the restructuring of ministerial portfolios and departmental renamings, as mandated by changes to the Administrative Arrangements Order on 14 September 2010. The Act applies to the Commonwealth of Australia, impacting the financial management and accountability frameworks of the specified departments. The instrument ensures compliance with the Financial Management and Accountability Act 1997 and adheres to the consultation requirements stipulated in the Legislative Instruments Act 2003, with both ASIO and DPMC being consulted during its preparation.
Key Provisions
The Financial Management and Accountability Act 1997 Determination 2010/31 (the Determination) amends the Appropriation Act (No. 1) 2010-2011 to transfer $320,000.00 from the departmental item for the Australian Security Intelligence Organisation (ASIO) to the departmental item of the Department of the Prime Minister and Cabinet (DPMC) (Schedule 1). This transfer reflects the reallocation of functions pertaining to cyber policy co-ordination from ASIO to DPMC, a move that was formalised by changes to the Administrative Arrangements Order on 14 September 2010. The primary purpose of this Determination is to adjust the financial allocations within the Act to align with the new functional responsibilities assigned to DPMC.
Entities and parties governed by the FMA Act, including ASIO and DPMC, must ensure their financial operations and reporting are compliant with the amended appropriations. This includes adjustments to budget allocations, financial planning, and reporting mechanisms to reflect the new financial responsibilities. Officials within the Department of Finance and Deregulation, who were delegated the power to make such determinations, must follow the procedures and consult with relevant departments as stipulated by the Act. Specifically, the Secretary of Finance has delegated this power to certain officials within the Finance Department, ensuring that the transfer of funds is accurately reflected in the appropriations and that all relevant parties are notified and prepared for the change.
Breaches of the provisions outlined in this Determination may lead to administrative consequences, as the Act provides for both civil and criminal penalties for non-compliance. While the specific penalties are not detailed in the Determination, the FMA Act generally allows for substantial fines and potential criminal charges for individuals or entities that fail to adhere to the requirements of the Act. The Act ensures that financial management practices within government departments are transparent, accountable, and in line with legislative requirements, thereby maintaining the integrity of the financial operations of the Commonwealth.