Financial Management and Accountability Act 1997 Determination 2011/07 – Section 32 (Transfer of Functions from the former DEWHA to DPMC)

Overview

The Financial Management and Accountability Act 1997 Determination 2011/07, made on 7 June 2011, addresses the need to transfer appropriations relating to the arts and culture functions from the former Department of the Environment, Water, Heritage and the Arts (DEWHA) to the Department of the Prime Minister and Cabinet (DPMC). Enacted by the Australian Parliament, this legislation aims to facilitate the transfer of certain functions and appropriations following the restructuring of ministerial portfolios and renaming of departments on 14 September 2010. The policy objective of this instrument is to ensure that the financial management and accountability processes are seamlessly adjusted to reflect the new administrative arrangements, thus maintaining the integrity and efficiency of the government's financial operations.

Scope and Application

The Financial Management and Accountability Act 1997 Determination 2011/07 – Section 32, made under the authority of the Financial Management and Accountability Act 1997, facilitates the transfer of specific appropriations from the former Department of the Environment, Water, Heritage and the Arts (DEWHA) to the Department of the Prime Minister and Cabinet (DPMC) for the fiscal years 2009-2010 and 2010-2011. This instrument is an amendment to the Appropriation Acts for those years, specifically reassigning funds related to arts and culture functions to DPMC. The enactment aligns with the restructuring of ministerial portfolios and departmental names that occurred on 14 September 2010, where DEWHA was renamed the Department of Sustainability, Environment, Water, Population and Communities, and certain functions were transferred to DPMC. The Determination involves the transfer of $3,082,206.89 for 2009-2010 and $80,484.50 for 2010-2011, ensuring a seamless financial transition corresponding with the departmental changes. This instrument is a legislative instrument within the meaning of the Legislative Instruments Act 2003, and due consultation with the relevant departments was conducted in its preparation.

Key Provisions

The Financial Management and Accountability Act 1997 Determination 2011/07, made under the authority of the FMA Act, involves the transfer of appropriations from the former Department of the Environment, Water, Heritage and the Arts (DEWHA) to the Department of the Prime Minister and Cabinet (DPMC). Specifically, section 32(2) of the FMA Act allows the Minister for Finance and Deregulation to determine amendments to Appropriation Acts related to function transfers. In this case, the instrument, which was made on 7 June 2011, amends the Appropriation Act (No. 1) 2009-2010 and Appropriation Act (No. 1) 2010-2011 to transfer funds from Outcome 5 of the former DEWHA to Outcome 2 of DPMC, amounting to $3,082,206.89 and $80,484.50 respectively. This transfer of appropriations follows the restructuring of ministerial portfolios and departmental renamings on 14 September 2010, as per the changes to the Administrative Arrangements Order. Consequently, the former DEWHA was renamed the Department of Sustainability, Environment, Water, Population and Communities, and the arts and culture functions were transferred to DPMC. The purpose of this instrument is to legally reflect the transfer of these appropriations within the financial framework of the Acts. In terms of obligations and requirements, the Act mandates that the Finance Minister, or their delegate, must consult with the affected departments, in this case the former DEWHA and DPMC, when preparing such instruments. This ensures that the changes are communicated and agreed upon by all relevant parties before they are enacted. The instrument also signifies that the Secretary of the Department of Finance and Deregulation has the authority to delegate this power to certain officials within the department, streamlining the process for amendments to Appropriation Acts. Regarding potential breaches and consequences, the Financial Management and Accountability Act 1997 does not explicitly detail specific offences, penalties, or consequences for non-compliance with the provisions of this determination. However, any breach of the Act or its instruments could lead to legal actions under general provisions of administrative law, including judicial review for procedural unfairness or errors in decision-making. The seriousness of any repercussions would depend on the specific nature and impact of the non-compliance.