Overview
The Financial Management and Accountability Act 1997 Determination 2011/01, issued on 17 January 2011, concerns the transfer of specific appropriations from the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to the Attorney-General’s Department (AGD). This determination was made under the authority of the Financial Management and Accountability Act 1997, which empowers the Minister for Finance and Deregulation to amend Appropriation Acts in relation to the transfer of functions between agencies. The purpose of this particular instrument is to reallocate $927,896.95 from FaHCSIA to AGD to reflect the government’s decision to shift responsibility for Australian Government Disaster Recovery Payments. This amendment ensures that the financial resources align with the newly assigned responsibilities within the same legislative framework.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2011/01, made under section 32 of the FMA Act, pertains specifically to the transfer of appropriations from the Department of Families, Housing, Community Services and Indigenous Affairs to the Attorney-General’s Department. The determination was necessitated by a government decision to shift the responsibility for Australian Government Disaster Recovery Payments from FaHCSIA to AGD. The instrument amends Schedule 1 of the Appropriation Act (No. 1) 2010-2011 to reallocate $927,896.95 from the departmental item of FaHCSIA to that of AGD. This determination is a legislative instrument as defined under the Legislative Instruments Act 2003, and both FaHCSIA and AGD were duly consulted during its preparation. The instrument operates within the Commonwealth jurisdiction, impacting only the specified appropriations and departments involved in the transfer. There are no stated exclusions, exemptions, or thresholds in this particular determination.
Key Provisions
The Financial Management and Accountability Act 1997 Determination 2011/01 (subsection 32(2)) outlines the transfer of specific financial functions from the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to the Attorney-General’s Department (AGD). This transfer is specifically detailed in Schedule 1 of the Appropriation Act (No. 1) 2010-2011, which reassigns $927,896.95 from the FaHCSIA departmental item to the AGD departmental item. This adjustment aligns with a government decision to shift the responsibility for Australian Government Disaster Recovery Payments from FaHCSIA to AGD. The determination effectively transfers the appropriations related to these payments within the same legislative framework.
The Act imposes specific obligations on both FaHCSIA and AGD concerning this financial transfer. For FaHCSIA, the obligation involves the relinquishment of financial responsibilities and associated appropriations related to Australian Government Disaster Recovery Payments. Conversely, AGD must now assume these financial obligations, ensuring that the appropriations are correctly allocated and utilised for their intended purpose. Both departments must also ensure that the transfer complies with the relevant legislative requirements and that any necessary adjustments to their financial planning and reporting are made to reflect this change.
Failure to comply with the provisions of the Financial Management and Accountability Act 1997, as amended by this Determination, may result in civil or criminal consequences. Although the specific penalties are not detailed in this instrument, breaches of the Act could lead to financial penalties or other sanctions as prescribed under the relevant legislation. The Act’s overarching aim is to ensure that the transfer of financial responsibilities is conducted in a manner that maintains fiscal integrity and accountability, thereby protecting public funds and ensuring transparency in government operations.