Overview
The Financial Management and Accountability Act 1997 (FMA Act) was enacted to provide a framework for the financial management and accountability of Commonwealth entities. The FMA Act aims to ensure that public money is managed effectively and efficiently, and that there is transparency and accountability in the use of public resources. This legislation was introduced to address the need for a robust system of financial oversight and management across all Commonwealth agencies. The instrument in question, Financial Management and Accountability Act 1997 Determination 2011/03 – Section 32 (Transfer of Functions from DIAC to Health), was made under the authority of the FMA Act and was enacted by the relevant officials within the Department of Finance. The purpose of this instrument is to facilitate the transfer of appropriations related to the Short Term Trauma and Torture Counselling Service function from the Department of Immigration and Citizenship to the Department of Health and Ageing, reflecting the policy decision made by the Prime Minister on 13 October 2010. This transfer was executed within the same Act, with a commencement date of 4 April 2011, ensuring a seamless transition of financial responsibilities and resources between the two departments.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2011/03 – Section 32 (Transfer of Functions from DIAC to Health) applies specifically to the reallocation of financial appropriations between the Department of Immigration and Citizenship (DIAC) and the Department of Health and Ageing (Health) within the Australian federal government. This Determination is made pursuant to the powers granted under the Financial Management and Accountability Act 1997, specifically enabling the Minister for Finance and Deregulation to amend Appropriation Acts in relation to the transfer of functions from one agency to another. The instrument transfers specific appropriations from DIAC to Health, affecting the Short Term Trauma and Torture Counselling Service function. This transfer includes the reallocation of $120,000.00 from the departmental item for DIAC to the departmental item for Health, and $2,375,000.00 from the administered item for Outcome 5 for DIAC to the administered item for Outcome 11 for Health. This legislative instrument is a Commonwealth measure, binding on entities and persons within the scope of the federal government's authority and the functions it governs. The instrument does not explicitly outline exclusions or thresholds but operates within the jurisdictional framework of the Commonwealth of Australia.
Key Provisions
The primary sections of this instrument pertain to the transfer of specific appropriations from the Department of Immigration and Citizenship (DIAC) to the Department of Health and Ageing (Health) as outlined in Schedule 1 (subsections 32(2) and 62 of the Financial Management and Accountability Act 1997 (FMA Act)). The instrument specifies the transfer of $120,000.00 from the departmental item for DIAC to the departmental item for Health and $2,375,000.00 from the administered item for Outcome 5 for DIAC to the administered item for Outcome 11 for Health, effective from 4 April 2011. This transfer relates to the Short Term Trauma and Torture Counselling Service function, aligning with a decision made by the Prime Minister on 13 October 2010.
The obligations imposed by this instrument are primarily administrative and financial in nature. DIAC and Health must adjust their budgetary allocations as per the transfers specified. The Secretary of the Department of Finance and Deregulation has the responsibility to ensure that the necessary amendments are made to the Appropriation Act (No. 1) 2010-2011. The officials within the Department of Finance tasked with these amendments must ensure that all legislative requirements are met, including consultation with DIAC and Health during the preparation of the instrument, as stipulated under Part 3 of the Legislative Instruments Act 2003.
In terms of potential consequences for non-compliance, the instrument itself does not detail specific offences or penalties. However, the underlying FMA Act and other relevant legislation may impose penalties for breaches of financial management and accountability requirements. Such penalties could include fines, recovery of funds, and potential civil or criminal actions depending on the severity and intent behind the breach. The maximum penalties would be determined by the relevant sections of the FMA Act and other applicable laws, which could involve substantial fines or imprisonment for serious breaches.