Overview
The Financial Management and Accountability Act 1997 (FMA Act) was enacted by the Parliament of Australia to ensure sound financial management and accountability in Commonwealth agencies. The Act provides mechanisms for the transfer of functions and appropriations between agencies, as seen in the 2011 Determination which aimed to address the administrative shift in responsibilities related to the National Binge Drinking Strategy (NBDS) expansion function. This Determination, made under the authority of the FMA Act, transferred an appropriation of $11,823,000.00 from the Department of Health and Ageing to the Australian National Preventative Health Agency, reflecting a policy decision approved by the Prime Minister on 28 June 2011. This legislative instrument ensures the financial resources align with the new administrative arrangements, maintaining fiscal integrity and enabling the effective execution of public health strategies.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2011/16 pertains to the transfer of functions from the Department of Health and Ageing (HEALTH) to the Australian National Preventative Health Agency (ANPHA), as mandated by Subsection 32(2) of the FMA Act. This determination, made on 25 August 2011, facilitates the transfer of appropriations under Outcome 1 in the Appropriation Act (No. 1) 2011-2012, specifically an amount of $11,823,000.00 relating to the National Binge Drinking Strategy (NBDS) expansion function. The decision to transfer this responsibility was made by the Prime Minister on 28 June 2011, following a request from Minister Roxon. The determination was prepared with consultations involving FHCSIA and SEWPaC, in accordance with the Legislative Instruments Act 2003, and serves as a legislative instrument under section 5 of that Act.
Key Provisions
The Financial Management and Accountability Act 1997 Determination 2011/16 (F2011L01819) is a legislative instrument that facilitates the transfer of specific appropriations from one agency to another under the authority of the Financial Management and Accountability Act 1997 (FMA Act). This particular Determination, made on 25 August 2011, pertains to the transfer of $11,823,000.00 from the administered item for the Department of Health and Ageing (HEALTH) to the administered item for the Australian National Preventative Health Agency (ANPHA). This transfer is associated with Outcome 1 and relates to the National Binge Drinking Strategy (NBDS) expansion function, which was agreed upon by the Prime Minister on 28 June 2011.
The primary operative sections involved in this Determination are sections 32, 62, and 53 of the FMA Act. Section 32(2) of the FMA Act empowers the Minister for Finance and Deregulation to determine amendments to Appropriation Acts concerning the transfer of functions between agencies. Section 62 of the FMA Act delegates this power to the Secretary of the Department of Finance and Deregulation, who, in turn, under section 53 of the FMA Act, delegates it to certain officials within Finance. The instrument thus amends Appropriation Act (No. 1) 2011-2012 by reallocating the specified amount from HEALTH to ANPHA.
The obligations and requirements imposed by this Act on the entities it governs primarily involve ensuring compliance with the terms of the transfer as specified. The Department of Health and Ageing (HEALTH) must facilitate the transfer of the $11,823,000.00 to the Australian National Preventative Health Agency (ANPHA), ensuring that the appropriations are correctly reallocated to reflect the change in responsibility for the National Binge Drinking Strategy (NBDS) expansion function. The Australian National Preventative Health Agency (ANPHA) must be prepared to receive and account for these funds as per the terms of the Determination. Both entities are also required to maintain accurate records and provide necessary documentation to support the transfer, ensuring transparency and accountability in the financial management process.
Failure to comply with the provisions of the Financial Management and Accountability Act 1997 or the terms of this Determination could lead to civil or criminal consequences. While the specific penalties for breaches of this Determination are not detailed within the provided text, breaches of the FMA Act can result in penalties under various sections of the Act. These penalties may include fines or, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, and the authorities have the discretion to impose the most appropriate sanctions under the circumstances. It is essential for the involved agencies to adhere strictly to the terms of the Determination to avoid any potential legal ramifications.