Overview
The Financial Management and Accountability Act 1997 Determination 2011/17, enacted on 1 September 2011, addresses the issue of transferring appropriations and departmental responsibilities from the former Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG) to the Department of Regional Australia, Regional Development and Local Government (DORA) due to changes in the Administrative Arrangements Order. This legislative instrument, made under the authority of the Financial Management and Accountability Act 1997 (FMA Act), facilitates the adjustment of departmental appropriations to reflect the transfer of functions related to the Commonwealth's contribution to the Information on Regional Australia (IORA) project. The purpose of the Determination is to amend the Appropriation Act (No. 1) 2010-2011 by reducing the departmental item for DITRDLG by $300,062.00 and to correspondingly increase the departmental item for DORA by the same amount in the Appropriation Act (No. 1) 2011-2012. This ensures that financial allocations align with the new departmental responsibilities as mandated by the Administrative Arrangements Order.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2011/17 applies to the transfer of functions and appropriations from the former Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG) to the Department of Regional Australia, Regional Development and Local Government (DORA). Specifically, it affects the appropriations relating to the Commonwealth’s contribution to the Information on Regional Australia (IORA) project. This instrument was made under the authority of the Financial Management and Accountability Act 1997, with the power to determine amendments to Appropriation Acts stemming from the Minister for Finance and Deregulation. The amendments involve reducing the departmental item for DITRDLG by $300,062.00 in the Appropriation Act (No. 1) 2010-2011 and increasing the departmental item for DORA by the same amount in the Appropriation Act (No. 1) 2011-2012. This transfer reflects the change in administrative arrangements that occurred on 14 September 2010, and the instrument was prepared with consultation from both DITRDLG and DORA, ensuring alignment with the relevant legislative requirements.
Key Provisions
The Financial Management and Accountability Act 1997 Determination 2011/17, made under subsection 32(2) of the FMA Act, involves the transfer of functions from the former Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG) to the Department of Regional Australia, Regional Development and Local Government (DORA). This transfer pertains specifically to the Commonwealth’s contribution to the Information on Regional Australia (IORA) project, as indicated in Schedule 1 and Schedule 2 of the instrument. The main operative sections, 1 and 2, detail the amendments to the Appropriation Acts, reducing the departmental item for the former DITRDLG by $300,062.00 and increasing the departmental item for DORA by the same amount, thereby reflecting the reallocation of funds.
The obligations and requirements imposed by this Act primarily concern the financial management and accountability of the appropriations. The Finance Minister, through delegation to the Secretary of the Department of Finance and Deregulation, is responsible for ensuring that the transfer of funds aligns with the administrative changes and that the appropriations reflect the new responsibilities of DORA. This entails meticulous record-keeping and reporting to maintain transparency and accountability in the use of public funds. The former DITRDLG and DORA were consulted during the preparation of this instrument, as required by Part 3 of the Legislative Instruments Act 2003, to ensure that the changes are well-communicated and understood by the affected parties.
Breaching the provisions of the Financial Management and Accountability Act 1997 could lead to civil or criminal consequences, depending on the nature and severity of the breach. While the instrument itself does not explicitly state penalties, the FMA Act generally imposes significant penalties for non-compliance. These can include fines and imprisonment for criminal offences, reflecting the serious nature of mismanagement of public funds. Civil penalties may also apply, such as pecuniary penalties, which are often proportionate to the financial loss caused by the breach. The exact penalties would be determined in the context of the broader FMA Act, ensuring that there are robust deterrents against mismanagement or misappropriation of funds.