Overview
The Financial Management and Accountability Act 1997 Determination 2011/19 was enacted on 29 November 2011 to address the need for the transfer of functions and appropriations between the Department of Prime Minister and Cabinet (DPMC) and the Attorney-General’s Department (AGD). This was necessitated by a change in the Administrative Arrangements Order, effective from 19 October 2011, which resulted in the Privacy and Freedom of Information Reform function being transferred from DPMC to AGD. The instrument was made under the authority of the Financial Management and Accountability Act 1997, specifically Subsection 32(2), which empowers the Minister for Finance and Deregulation to amend Appropriation Acts in relation to the transfer of functions. The policy objective of the instrument is to ensure a smooth transition of responsibilities and appropriations, as evidenced by the transfer of specified funds from DPMC to AGD for the 2010-2011 and 2011-2012 financial years.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2011/19, made under subsection 32(2) of the FMA Act, facilitates the transfer of specific appropriations between the Department of Prime Minister and Cabinet (DPMC) and the Attorney-General’s Department (AGD) due to a realignment of responsibilities pursuant to an Administrative Arrangements Order. This instrument amends the Appropriation Act (No. 1) 2010-2011 and 2011-2012, redirecting budgetary allocations from DPMC to AGD to reflect the transfer of the Privacy and Freedom of Information Reform function. Specifically, Schedule 1 of the Determination transfers $331,561.43 from DPMC to AGD under the departmental item (Outcome 1) for the year 2010-2011, while Schedule 2 transfers $777,120.00 for the 2011-2012 financial year and increases the departmental item (Outcome 1) for AGD by $1,108,681.43. This transfer of funds ensures that the budgetary provisions align with the new administrative arrangements. The instrument was prepared with consultation between Finance and the Department of the Prime Minister and Cabinet, in accordance with the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of this instrument pertain to the Financial Management and Accountability Act 1997 Determination 2011/19, particularly Sections 32 and 62. Section 32 enables the Minister for Finance and Deregulation to determine the amendment of Appropriation Acts in relation to the transfer of functions between agencies, while Section 62 facilitates the delegation of this power to the Secretary of the Department of Finance and Deregulation. This particular determination transfers appropriations from the Department of Prime Minister and Cabinet (DPMC) to the Attorney-General’s Department (AGD) in accordance with changes in the Administrative Arrangements Order, which took effect on 19 October 2011. Specifically, Schedule 1 of this instrument adjusts the Appropriation Act (No. 1) 2010-2011 to transfer $331,561.43, while Schedule 2 modifies the Appropriation Act (No. 1) 2011-2012 to transfer $777,120.00 and increase the departmental item for AGD by $1,108,681.43. These changes reflect the transfer of the Privacy and Freedom of Information Reform function from DPMC to AGD.
The Act imposes specific obligations on the parties involved, including the Finance Minister and the Secretary of the Department of Finance and Deregulation. The Minister for Finance and Deregulation, under Section 32 of the FMA Act, is tasked with determining the amendments necessary for the transfer of functions between agencies. This power is delegated to the Secretary of the Department of Finance and Deregulation, who in turn delegates it to certain officials within the department. These officials must ensure that the necessary adjustments to the Appropriation Acts are made to reflect the transfer of functions accurately. Furthermore, the Act mandates consultation with relevant departments, such as Finance and the Department of Prime Minister and Cabinet, in the preparation of such instruments to ensure that all necessary considerations are taken into account.
Breach of the provisions outlined in this determination could result in various civil and criminal consequences. Although the text does not specify the exact penalties for non-compliance, breaches of appropriations or financial management regulations under the FMA Act can lead to significant penalties. For example, under Section 89 of the FMA Act, individuals found guilty of fraud or other serious offences related to public money can face fines and imprisonment. Additionally, any person who knowingly or recklessly makes a false or misleading statement in relation to financial management could face penalties as outlined in the Act. The specific penalties would depend on the nature and severity of the breach, but they could include substantial fines and, in some cases, imprisonment.
The Financial Management and Accountability Act 1997 Determination 2011/19 effectively transfers appropriations and functions related to Privacy and Freedom of Information Reform from DPMC to AGD. It outlines the necessary amendments to the Appropriation Acts to reflect this change, imposes specific obligations on the relevant parties, and leaves room for potential civil and criminal consequences for any breaches of its provisions. The determination ensures that the financial and administrative transitions between departments are managed in accordance with the law, with proper consultation and delegation of authority.