Overview
The Financial Management and Accountability Act 1997 Determination 2011/09, enacted on 28 June 2011, addresses the transfer of functions and associated appropriations from Biosecurity Australia (BSA) to the Department of Agriculture, Fisheries and Forestry (DAFF). This determination was made by the Secretary of the Department of Finance and Deregulation, under delegation from the Finance Minister, as authorised by subsection 32(2) of the Financial Management and Accountability Act 1997. The policy objective of this instrument is to ensure a seamless transition of financial responsibilities from the abolished BSA to DAFF, reflecting the reallocation of its functions. This transfer, amounting to $206,940.05, includes appropriations previously unaddressed in a 2009 determination and aims to align financial allocations with the structural changes in government agencies. Both BSA and DAFF were consulted in the preparation of this instrument, in line with the requirements of the Legislative Instruments Act 2003.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2011/09 pertains to the transfer of a specific financial allocation from Biosecurity Australia (BSA) to the Department of Agriculture, Fisheries and Forestry (DAFF). This instrument, made on 28 June 2011, amends Schedule 1 of the Appropriation Act (No. 1) 2008-2009 to redirect $206,940.05 from BSA to DAFF. The transfer is a result of the abolishment of BSA and the reallocation of its functions to DAFF. This determination operates under the authority of the Financial Management and Accountability Act 1997, specifically section 32(2), which allows the Minister for Finance and Deregulation to amend Appropriation Acts for such transfers. The delegation of this power is further outlined in sections 62 and 53 of the FMA Act, with the Secretary of Finance delegating it to specific officials within the Department of Finance and Deregulation. The determination ensures that the financial implications of the abolition of BSA and the transfer of its functions are accurately reflected in the budgetary allocations.
Key Provisions
The Financial Management and Accountability Act 1997 Determination 2011/09, specifically Section 32, pertains to the transfer of functions from Biosecurity Australia (BSA) to the Department of Agriculture, Fisheries and Forestry (DAFF). This determination, made on 28 June 2011, amends the Appropriation Act (No. 1) 2008-2009 by transferring $206,940.05 from the departmental item of BSA to that of DAFF. This transfer is necessitated by the abolishment of BSA and the reallocation of its functions to DAFF. The determination was made under the authority of the Financial Management and Accountability Act 1997 (FMA Act) and was executed by officials within the Department of Finance and Deregulation, as delegated by the Minister for Finance and Deregulation.
The obligations imposed by this determination are primarily administrative and financial in nature. BSA and DAFF were consulted in the preparation of this instrument, in accordance with Part 3 of the Legislative Instruments Act 2003. The transfer of the specified amount from BSA to DAFF ensures that the financial resources align with the new functional responsibilities of DAFF. This involves updating relevant financial records and appropriations to reflect the change in departmental allocation. Furthermore, the determination necessitates that any remaining available appropriations from BSA be appropriately reassigned to DAFF, ensuring continuity in the provision of services and funding for the transferred functions.
The determination does not explicitly outline specific offences or penalties for non-compliance within its text. However, any failure to adhere to the provisions of the FMA Act or the terms of this determination could potentially lead to broader legal and administrative repercussions. Under the FMA Act, breaches of financial management regulations can result in civil or criminal penalties, including fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions outlined in the FMA Act. The legislative framework ensures that the transfer of functions and appropriations is carried out in a manner that maintains the integrity and accountability of the financial management process within the Australian government.