Overview
The Financial Management and Accountability Act 1997, enacted by the Parliament of Australia, serves as a crucial legislative framework aimed at ensuring sound financial management and accountability across various government agencies. In 2010, a specific instrument, the Financial Management and Accountability Act 1997 Determination 2010/41, was introduced to address the need for the transfer of functions and associated appropriations from the Department of Health and Ageing to the newly established Australian National Preventive Health Agency (ANPHA). This instrument was necessitated by the creation of ANPHA under the Australian National Preventive Health Agency Act 2010, which required the reallocation of specific financial resources to facilitate its operations effectively. The instrument was drafted under the authority delegated by the Minister for Finance and Deregulation, ensuring a seamless transfer of appropriations within the same financial year, thereby maintaining budgetary integrity and operational continuity.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2010/41 pertains to the transfer of specific functions and associated funding from the Department of Health and Ageing to the Australian National Preventive Health Agency (ANPHA). The instrument, made under the authority of the Financial Management and Accountability Act 1997, specifically amends the Appropriation Act (No. 1) 2010-2011 to facilitate this transfer. It allocates $35,629,000.00 from the administered item for Outcome 1 of the Department of Health and Ageing to ANPHA, comprising $33,803,000.00 for the administered item for Outcome 1 and $1,826,000 for the departmental item. This transfer is effective from 1 January 2011, the date when ANPHA commenced operations under the Australian National Preventive Health Agency Act 2010. The instrument ensures that the appropriations relating to ANPHA's functions are appropriately reallocated within the same Act, aligning with the legislative intent to establish ANPHA as a distinct entity with its own funding. Both Health and ANPHA were consulted during the preparation of this instrument, and it has been drafted in accordance with the relevant application form, signed by the respective Chief Finance Officers. This Determination is recognised as a legislative instrument under the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of the Financial Management and Accountability Act 1997 Determination 2010/41 (FMA Act) (section 32) involve the transfer of appropriations from the Department of Health and Ageing (Health) to the Australian National Preventive Health Agency (ANPHA) as of 1 January 2011. Specifically, section 32(2) of the FMA Act allows the Minister for Finance and Deregulation to amend Schedules to one or more Appropriation Acts in relation to the transfer of functions between agencies. In this case, the instrument amends the Appropriation Act (No. 1) 2010-2011 to transfer $35,629,000.00 from Health to ANPHA, with $33,803,000.00 allocated to an administered item for Outcome 1 and $1,826,000.00 to a departmental item (section 1). This transfer of funding is intended to support the functions of ANPHA as established under the Australian National Preventive Health Agency Act 2010.
The obligations and requirements imposed by this Act on the parties involved, particularly Health and ANPHA, include ensuring the proper and timely transfer of the specified funds. Health is required to facilitate the transfer of the $35,629,000.00 to ANPHA by 1 January 2011, as stipulated in the amended appropriation. ANPHA, in turn, must be prepared to receive and appropriately allocate these funds according to the terms of the transfer, ensuring that the allocated amounts are used for the intended purposes as outlined in the Act. Additionally, both Health and ANPHA are obligated to consult with the relevant officials within the Department of Finance and Deregulation as required by the delegation of powers under sections 62 and 53 of the FMA Act.
Failure to comply with the provisions of the Act can result in legal consequences. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed in the provided text, it is known that breaches of appropriation laws in Australia can lead to significant penalties. Generally, under the Financial Management and Accountability Act 1997, penalties for breaches may include fines, imprisonment, or both, depending on the severity and nature of the breach. The maximum penalties can vary, but they are designed to ensure strict compliance with financial management regulations. It is essential for both Health and ANPHA to adhere to the requirements set out in this Act to avoid any potential legal repercussions.