Financial Management and Accountability Act 1997 Determination 2012/02 – Section 32 (Transfer of Functions from DIAC to AHRC)

Overview

The Financial Management and Accountability Act 1997 Determination 2012/02, enacted on 23 February 2012, was introduced to address the need for transferring financial appropriations associated with the National Anti-Racism Partnership and Strategy functions from the Department of Immigration and Citizenship (DIAC) to the Australian Human Rights Commission (AHRC). This instrument was enacted by the Australian Government under the authority of Subsection 32(2) of the Financial Management and Accountability Act 1997, which empowers the Minister for Finance and Deregulation to amend Appropriation Acts concerning the transfer of functions between agencies. The underlying policy objective was to ensure a smooth and efficient transition of responsibilities, as mandated by the Prime Minister's approval of the transfer request made on 4 August 2011. The instrument effectuated the transfer of $270,497.88 from the DIAC's departmental item to the AHRC's, along with an additional $140,000.00 from DIAC's administered item outcome 6 to the AHRC's administered item outcome 1. This transfer was executed in accordance with the requirements of the Legislative Instruments Act 2003, ensuring that both DIAC and AHRC were consulted in the preparation of the instrument.

Scope and Application

The Financial Management and Accountability Act 1997 Determination 2012/02, specifically Schedule 1 of the Appropriation Act (No. 1) 2011-2012, pertains to the transfer of specific appropriations from the Department of Immigration and Citizenship (DIAC) to the Australian Human Rights Commission (AHRC). This instrument was enacted to facilitate the transfer of functions related to the National Anti-Racism Partnership and Strategy, approved by the Prime Minister on 4 August 2011. The transfer involves moving $270,497.88 from the departmental item of DIAC to the departmental item of AHRC, and $140,000.00 from the administered item outcome 6 of DIAC to the administered item outcome 1 of AHRC. This transfer is administrative and financial in nature, aligning with the broader jurisdictional functions and mandates of these entities. The instrument operates within the Commonwealth framework and is exempt from disallowance under the Financial Management and Accountability Act 1997, thereby not requiring a statement of compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Financial Management and Accountability Act 1997 Determination 2012/02 (the Determination) primarily serves to transfer appropriations from the Department of Immigration and Citizenship (DIAC) to the Australian Human Rights Commission (AHRC) as outlined in Section 32. Specifically, it transfers an amount of $270,497.88 from the departmental item for DIAC to the departmental item for AHRC and an amount of $140,000.00 from the administered item outcome 6 for DIAC to the administered item outcome 1 for AHRC. This transfer relates to the National Anti-Racism Partnership and Strategy functions, reflecting a policy shift in responsibilities between these two entities. The obligations imposed by this Determination on the involved parties are primarily administrative. DIAC is required to facilitate the transfer of the specified appropriations to AHRC, ensuring that the financial re-allocation is accurately reflected in their respective departmental and administered item accounts. AHRC, on the other hand, must ensure the proper receipt and accounting of these transferred funds, integrating them into their budget and financial management processes as per the Act's requirements. In terms of consequences for non-compliance, the Determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, given the legislative framework under which it operates, any failure by DIAC to properly transfer the funds or AHRC to mismanage the received funds could potentially lead to broader accountability issues under the Financial Management and Accountability Act 1997. The Act generally imposes stringent financial management and accountability measures, with potential penalties for non-compliance including financial penalties, recovery of funds, and other administrative actions as deemed appropriate by the relevant authorities.