Financial Management and Accountability Act 1997 Determination 2010/39 – Section 32 (Transfer of Functions from DORA to the former DITRDLG)

Overview

The Financial Management and Accountability Act 1997 Determination 2010/39, made under the authority of the Financial Management and Accountability Act 1997 (FMA Act), was enacted to address the transfer of functions and associated funding between government agencies. Specifically, this instrument facilitates the reallocation of financial resources from the Department of Regional Australia, Regional Development and Local Government (DORA) to the Department of Infrastructure and Transport, Regional Development and Local Government (DITRDLG). The enactment of this determination rectifies a prior decision to transfer Jobs Fund - Infrastructure Employment Projects Program functions to DORA, realigning them back to DITRDLG as part of a strategic government decision. The purpose of this legislative instrument is to ensure that the financial appropriations and obligations are correctly adjusted to reflect the change in agency responsibilities. This determination was prepared with consultation from the relevant departments, in line with the Legislative Instruments Act 2003.

Scope and Application

The Financial Management and Accountability Act 1997 Determination 2010/39 pertains to the reallocation of financial functions and appropriations between the Department of Regional Australia, Regional Development and Local Government (DORA) and the former Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG). The Determination, which was made under the authority of the Financial Management and Accountability Act 1997 (FMA Act), transfers specific funds and adjustments from DORA back to the former DITRDLG. This includes amendments to Appropriation Acts to reflect the reallocation of funds to accommodate the transfer of functions, such as the Jobs Fund - Infrastructure Employment Projects Program. The adjustments in appropriations are detailed, including specific amounts transferred or modified for both agencies, and are implemented to align with the government's decision to revert the functions to the former DITRDLG. This legislative instrument adheres to the requirements of the Legislative Instruments Act 2003 and involves consultation with relevant departments to ensure accuracy and compliance with the legislative framework.

Key Provisions

The Financial Management and Accountability Act 1997 Determination 2010/39, under Section 32, pertains to the transfer of certain functions and appropriations between the Department of Regional Australia (DORA) and the former Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG). This determination was made on 13 December 2010, under the authority of the FMA Act, and it involves amending specific Appropriation Acts. For instance, Section 1 of Schedule 1 of the Determination transfers $11,325,000.00 from Outcome 1 under "Administered" for DORA to Outcome 3 under "Administered" for the former DITRDLG, effectively reallocating funds between these departments. Similarly, Section 2 reduces the total departmental item for DORA by $454,437.65 and increases the total departmental item for the former DITRDLG by $347,510. These changes are designed to reflect the reallocation of responsibilities and financial commitments resulting from the transfer of functions. The obligations imposed by this Determination are primarily focused on the accurate and timely adjustment of financial records and appropriations. The Departments involved must ensure that the changes specified in the Determination are correctly reflected in their respective financial systems and reporting. This includes updating all relevant financial documents and records to show the transferred amounts and any resultant changes in departmental items. Furthermore, the Determination mandates that the Department of Finance and Deregulation oversee the implementation of these changes, ensuring that they are carried out in compliance with existing financial management policies and legislative requirements. Breaches of the obligations set out in this Determination may have significant consequences. Under the FMA Act, any failure to accurately reflect the transferred funds and changes in departmental items can lead to civil or criminal penalties. The specific penalties for non-compliance are not detailed in the Determination, but they could include fines or other sanctions as prescribed under the FMA Act. The exact penalties would be determined based on the severity and intent behind the breach, with potential maximum penalties being set out in the relevant sections of the FMA Act. Additionally, persistent or severe non-compliance could result in legal action against the responsible officials or entities, further underscoring the importance of adhering to the Determination's provisions.