Overview
The Financial Management and Accountability Act 1997 was enacted to provide a robust framework for the financial management, accountability and reporting of Commonwealth entities. The Act aims to ensure that public money is managed efficiently, effectively and economically, while also promoting transparency and accountability in the use of public funds. The Act was introduced to address the need for a comprehensive and cohesive approach to financial management across the Commonwealth. Enacted by the Parliament of Australia, the Act establishes a system of financial management that is consistent with generally accepted accounting principles and practices. This legislative instrument, the Financial Management and Accountability Act 1997 Determination 2012/10 – Section 32 (Transfer of Functions from DEEWR to NVETR), was made on 30 March 2012, under the authority of the Financial Management and Accountability Act 1997. It aims to facilitate the transfer of functions and appropriations from the Department of Education, Employment and Workplace Relations to the National Vocational Education and Training Regulator, ensuring a smooth transition and continued financial management oversight.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2012/10, specifically Section 32, pertains to the transfer of functions from the Department of Education, Employment and Workplace Relations (DEEWR) to the National Vocational Education and Training Regulator (NVETR), now known as the Australian Skills Quality Authority (ASQA). This instrument, made on 30 March 2012, involves amendments to the Appropriation Acts (No. 1) for the fiscal years 2010-2011 and 2011-2012. The primary effect of this determination is to adjust the departmental appropriations by transferring $2,677,702.56 from DEEWR to NVETR, reflecting the reallocation of capital appropriations for the establishment of NVETR. The instrument operates under the authority granted by subsection 32(2) of the FMA Act, with the power to amend appropriation acts being delegated by the Finance Minister to specific officials within the Department of Finance and Deregulation. This legislative instrument is exempt from disallowance and does not require a Human Rights Impact Statement.
Key Provisions
The Financial Management and Accountability Act 1997 Determination 2012/10, specifically under Section 32, addresses the transfer of functions from the Department of Education, Employment and Workplace Relations (DEEWR) to the National Vocational Education and Training Regulator (NVETR). This instrument, made on 30 March 2012, is a legislative measure that allows for the amendment of appropriation acts to facilitate the transfer of specific capital appropriations. Section 62 of the FMA Act empowers the Minister for Finance and Deregulation to make such determinations, while Section 53 allows the delegation of this power to officials within the Department of Finance and Deregulation. The primary effect of this instrument is to adjust the appropriations in the Appropriation Act (No. 1) 2010-2011 and 2011-2012, reducing the departmental item for DEEWR by $2,677,702.56 and increasing the departmental item for NVETR by the same amount. This adjustment is made to account for the transfer of capital appropriations related to the establishment of NVETR.
Under this legislation, there are specific obligations placed on the entities involved. DEEWR and NVETR were required to be consulted during the preparation of this instrument, in accordance with Part 3 of the Legislative Instruments Act 2003. The Secretary of the Department of Finance and Deregulation, as well as certain officials within Finance, have been delegated the authority to implement these amendments. This process ensures that the transfer of functions and appropriations is conducted within the legal framework provided by the FMA Act. The instrument itself is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003, which outlines the procedures and requirements for the creation and operation of such instruments.
In terms of legal consequences, the instrument is exempt from disallowance under subsection 32(7) of the FMA Act. As a result, a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 is not required. This means that while the instrument itself is legally binding and enforceable, it does not need to undergo additional scrutiny for compatibility with human rights legislation. The financial and administrative adjustments made by the instrument are intended to ensure that the transfer of functions and appropriations is accurately reflected in the relevant appropriation acts.