Overview
The Financial Management and Accountability Act 1997 was enacted to ensure that the Commonwealth's financial management and accountability frameworks are robust and transparent. This legislation was introduced to address the need for a cohesive approach to managing public funds and ensuring accountability across government agencies. The Act provides the legislative foundation for the transfer of functions and appropriations between different agencies, as demonstrated by the 2012 Determination under section 32, which facilitated the transfer of functions from the Department of Health and Ageing (HEALTH) to the Australian National Preventive Health Agency (ANPHA). The instrument was made by the Secretary of the Department of Finance and Deregulation, as delegated by the Minister for Finance and Deregulation, and it amended the Appropriation Act (No. 1) 2011-2012 to reallocate $480,000.00 to ANPHA for the management of the National Healthy Workplace Employer Awards. This transfer was in response to a request from the Health and Ageing Minister to the Prime Minister, approved on 26 September 2011, and involved consultation with both HEALTH and ANPHA as required by the Legislative Instruments Act 2003.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2012/01, made under the authority of the Financial Management and Accountability Act 1997, pertains to the transfer of appropriations and functions between government entities. Specifically, this instrument modifies the Appropriation Act (No. 1) 2011-2012 to transfer $480,000.00 from the Department of Health and Ageing (HEALTH) to the Australian National Preventive Health Agency (ANPHA). This transfer is in relation to the development and management of the National Healthy Workplace Employer Awards within the Healthy Workers Initiative, under the National Partnership Agreement on Preventive Health. The amendment aligns with a transfer request approved on 26 September 2011 by the Health and Ageing Minister to the Prime Minister. Notably, the instrument adheres to consultation requirements set out in the Legislative Instruments Act 2003, ensuring that both HEALTH and ANPHA were involved in the preparation of the Determination. The instrument's application is strictly within the Commonwealth jurisdiction, and it does not introduce any exclusions, exemptions, or thresholds beyond the specified transfer of funds and functions.
Key Provisions
The Financial Management and Accountability Act 1997 Determination 2012/01 (the Determination) primarily involves the transfer of functions and appropriations from the Department of Health and Ageing (HEALTH) to the Australian National Preventive Health Agency (ANPHA). Specifically, Section 32 of the Determination (subsection 32(2) of the FMA Act) facilitates this transfer, and the effect is to move $480,000.00 of the administered item for HEALTH alongside Outcome 1 to the administered item for ANPHA alongside Outcome 1 (Schedule 1). This transfer is related to the development and management of the National Healthy Workplace Employer Awards within the Healthy Workers Initiative, under the National Partnership Agreement on Preventive Health function. The transfer was prompted by a request from the Health and Ageing Minister to the Prime Minister and was approved on 26 September 2011.
The Determination imposes certain obligations on the parties involved. Firstly, it mandates that the Secretary of the Department of Finance and Deregulation (Finance) has the authority to delegate the power to make such amendments to certain officials within Finance, as per section 62 of the FMA Act. Secondly, the Determination ensures that the consultation process required by Part 3 of the Legislative Instruments Act 2003 is followed, with both HEALTH and ANPHA being consulted in the preparation of this instrument.
Failure to comply with the provisions of the Determination may result in various civil or criminal consequences, depending on the nature of the breach. The FMA Act itself does not specify the exact penalties for breaches related to this Determination. However, general breaches of the FMA Act can lead to fines and, in severe cases, imprisonment. The specifics of penalties for non-compliance with this Determination would need to be examined within the broader context of the FMA Act and any other relevant legislation. The maximum penalties for breaches of the FMA Act are not explicitly stated in the Determination but can include substantial fines and potential imprisonment terms based on the severity of the breach.