Overview
The Financial Management and Accountability Act 1997 was enacted to provide a framework for the management of Commonwealth finances and to ensure accountability within the government. It serves as a foundational piece of legislation designed to address the need for robust financial oversight and management practices across government agencies. One of the key objectives of this Act is to establish clear procedures and responsibilities for the appropriation and expenditure of public funds, ensuring transparency and compliance with legislative requirements. The Act was enacted by the Parliament of Australia and aims to promote effective financial management and accountability in the administration of government programs and services. The 2010 Determination under Section 32 of the Act facilitates the transfer of specific functions and appropriations from the Australian National Audit Office (ANAO) to the Department of Finance and Deregulation, reflecting a strategic reallocation of resources to better align with the government's policy objectives.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2010/33 pertains to the transfer of specific functions and appropriations from the Australian National Audit Office (ANAO) to the Department of Finance and Deregulation (Finance). This transfer specifically relates to the campaign advertising review function, which is being relocated from the ANAO to the Department of Finance and Deregulation. The determination adjusts the Appropriation Act (No. 1) 2010-2011 by reallocating $307,000 from the Departmental item of the ANAO to that of Finance, thereby ensuring that the financial resources for the campaign advertising review function are appropriately re-allocated within the Act. The instrument was made under the authority of Subsection 32(2) of the Financial Management and Accountability Act 1997, with the power delegated to the Secretary of the Department of Finance and Deregulation. This Determination is a legislative instrument as defined under section 5 of the Legislative Instruments Act 2003, and both the ANAO and Finance were consulted during its preparation.
Key Provisions
The Financial Management and Accountability Act 1997 Determination 2010/33, specifically Section 32, facilitates the transfer of functions from the Australian National Audit Office (ANAO) to the Department of Finance and Deregulation (Finance). This determination, made on 22 November 2010, enables the transfer of appropriations related to the campaign advertising review function. Under the legislative authority provided by the Financial Management and Accountability Act 1997 (FMA Act), the Minister for Finance and Deregulation (referred to as the Finance Minister) has the power to amend one or more Schedules to Appropriation Acts in relation to the transfer of functions from one agency to another. This power is delegated to the Secretary of the Department of Finance and Deregulation (Finance) under section 62 of the FMA Act and further delegated to certain officials within Finance by section 53 of the FMA Act.
The obligations and requirements imposed by this determination are primarily concerned with the financial management and accountability framework. The primary requirement is the transfer of $307,000 from the Departmental item for the ANAO to the Departmental item for the Department of Finance and Deregulation. This transfer is aimed at ensuring that the appropriations for the campaign advertising review function are appropriately allocated to the entity responsible for managing these appropriations. The Act ensures that such transfers are managed in a manner that is compliant with the financial management and accountability standards set forth by the FMA Act.
In terms of compliance and enforcement, breaches of the provisions outlined in the Financial Management and Accountability Act 1997 could lead to various civil or criminal consequences. The FMA Act provides for both civil and criminal penalties for non-compliance with its provisions. While the specific penalties for breach are not detailed in the determination, under the FMA Act, penalties can include fines and imprisonment, depending on the nature and severity of the breach. The determination itself does not explicitly state the maximum penalties but references the overarching Act which governs such matters. The intent of the legislation is to ensure that all financial transfers and allocations are handled in a transparent and accountable manner, thereby maintaining the integrity of the financial management system in Australia.