Financial Management and Accountability Act 1997 Determination 2010/38 – Section 32 (Transfer of Functions from former OPRC to OAIC)

Overview

The Financial Management and Accountability Act 1997 Determination 2010/38, enacted on 1 December 2010, addresses the need to adjust appropriations following the transfer of functions from the former Office of the Privacy Commissioner (OPRC) to the Office of the Australian Information Commissioner (OAIC). This determination was made under the authority of the Financial Management and Accountability Act 1997 (FMA Act) by the Secretary of the Department of Finance and Deregulation, as delegated by the Minister for Finance and Deregulation. The primary objective of this determination is to reflect the transfer of all functions from the former OPRC to the newly established OAIC by amending relevant Appropriation Acts. This adjustment ensures that the financial allocations are correctly attributed to the OAIC, facilitating the smooth transition of responsibilities.

Scope and Application

The Financial Management and Accountability Act 1997 Determination 2010/38, made under the authority of the Financial Management and Accountability Act 1997, pertains to the transfer of functions from the former Office of the Privacy Commissioner (OPRC) to the Office of the Australian Information Commissioner (OAIC), established on 1 November 2010. This instrument, effective from 1 December 2010, facilitates the reallocation of appropriations across multiple Acts by amending the Appropriation Acts (No. 1) 2009-2010, (No. 3) 2009-2010, and (No. 1) 2010-2011. The amendments reduce funding allocated to the former OPRC and increase funding for the OAIC, effectively transferring financial responsibility for all functions from the former OPRC to the OAIC. The instrument was prepared with consultation between the OPRC and OAIC, and it adheres to the Legislative Instruments Act 2003. This determination ensures a smooth transition of financial management and accountability concerning the specified functions from the former OPRC to the OAIC.

Key Provisions

The Financial Management and Accountability Act 1997 Determination 2010/38 (F2010L03157) addresses the transfer of appropriations and functions from the former Office of the Privacy Commissioner (OPRC) to the Office of the Australian Information Commissioner (OAIC). Section 32 of the FMA Act provides the legislative basis for this transfer, enabling the Finance Minister to amend Appropriation Acts in relation to the transfer of functions between agencies. This Determination specifically transfers appropriations from the former OPRC to the OAIC across multiple Appropriation Acts. Sections 1 and 2 of the Determination detail the amendments to the Appropriation Act (No. 1) 2009-2010 and the Appropriation Act (No. 3) 2009-2010, respectively, reducing the departmental item for the former OPRC by $184,468.29 and $59,000.00. Section 3 of the Determination adjusts the Appropriation Act (No. 1) 2010-2011, reducing the departmental item for the former OPRC by $5,174,832.00 and increasing the departmental item for the OAIC by $5,418,300.29. These changes reflect the reallocation of resources and responsibilities from the former OPRC to the OAIC, which was established on 1 November 2010 under the Australian Information Commissioner Act 2010. The obligations imposed by this Determination include ensuring that the financial resources allocated to the former OPRC are appropriately reduced and those allocated to the OAIC are increased to reflect the transfer of functions. The OAIC and the former OPRC were consulted in the preparation of this instrument, in accordance with Part 3 of the Legislative Instruments Act 2003. The changes are designed to facilitate the seamless transition of responsibilities and ensure that the OAIC has the necessary funding to carry out its new functions. Breach of the provisions set out in this Determination could potentially lead to financial mismanagement or improper allocation of funds, which could have serious implications for both agencies. While the Determination does not explicitly outline specific offences or penalties for non-compliance, it is an integral part of the FMA Act. Non-compliance with the FMA Act may result in legal action, financial penalties, or other administrative consequences as prescribed by the Act. The severity of penalties would depend on the nature and extent of the breach, and could include fines or other civil and criminal sanctions as stipulated by the relevant legislation.