Overview
The Financial Management and Accountability Act 1997 was enacted by the Parliament of Australia to ensure the proper financial management and accountability of Commonwealth entities. This Act serves to address the need for clear and effective financial oversight mechanisms within government departments and agencies. The 2011 determination under section 32 of the FMA Act, made by the Secretary of the Department of Finance and Deregulation, amends the Appropriation Acts to reflect the transfer of appropriations for the Indigenous broadcasting and media sector functions from the Department of the Prime Minister and Cabinet (DPMC) to the Department of Broadband, Communications and the Digital Economy (DBCDE) effective from 1 July 2011. This amendment reflects the policy objective of realigning responsibilities within the government to better align with sector-specific needs, ensuring that resources are directed towards the appropriate department for effective management and service delivery.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2011/13 pertains to the reallocation of appropriations and functions within the Australian government. Specifically, this instrument amends the Appropriation Acts (No. 1) for the fiscal years 2010-2011 and 2011-2012 to reflect the transfer of responsibilities from the Department of the Prime Minister and Cabinet (DPMC) to the Department of Broadband, Communications and the Digital Economy (DBCDE). This transfer, which took effect on 1 July 2011, relates to the Indigenous broadcasting and media sector. The determination reduces the departmental item for DPMC by specific amounts and increases the departmental item for DBCDE accordingly. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and was prepared with consultation from both DPMC and DBCDE, ensuring that the changes align with the government's restructuring objectives.
Key Provisions
The primary operative sections of the Financial Management and Accountability Act 1997 Determination 2011/13 (FMA Act) are sections 32 and 62, which enable the transfer of appropriations between departments. Section 32(2) specifically allows the Minister for Finance and Deregulation to amend appropriation acts concerning the transfer of functions from one agency to another, while section 62 delegates this power to the Secretary of the Department of Finance and Deregulation. The instrument amends Appropriation Act (No. 1) 2010-2011 and Appropriation Act (No. 1) 2011-2012 to reflect the transfer of Indigenous broadcasting and media sector functions from the Department of the Prime Minister and Cabinet (DPMC) to the Department of Broadband, Communications and the Digital Economy (DBCDE) as of 1 July 2011.
The obligations and requirements imposed by this Act on the parties involved are primarily financial in nature. It mandates a reduction in the departmental item for DPMC by $105,071.85 in Appropriation Act (No. 1) 2010-2011 and by $593,765.00 in Appropriation Act (No. 1) 2011-2012. Conversely, it requires an increase in the departmental item for DBCDE by $698,836.85 in Appropriation Act (No. 1) 2011-2012. These adjustments are to reflect the transfer of Indigenous broadcasting and media sector functions, ensuring that the financial resources align with the new departmental responsibilities.
Any breaches of the provisions outlined in the FMA Act may lead to civil or criminal consequences. However, the specific offences, penalties, or consequences for breach are not detailed within the provided text of the Determination. Generally, under the FMA Act, penalties for non-compliance can include fines or imprisonment, depending on the severity of the breach. The maximum penalties for breaches under the FMA Act can vary but may include substantial fines for individuals and corporations, reflecting the seriousness of financial mismanagement and accountability failures. The detailed penalties would need to be referenced within the FMA Act itself or relevant subsidiary legislation.