Financial Management and Accountability Act 1997 Determination 2012/14 – Section 32 (Transfer of Functions from Finance to DPS)

Overview

The Financial Management and Accountability Act 1997 Determination 2012/14, issued on 19 April 2012, pertains to the transfer of certain financial functions from the Department of Finance and Deregulation to the Department of Parliamentary Services. Enacted by the Australian Parliament, this instrument was developed under the authority of subsection 32(2) of the Financial Management and Accountability Act 1997. The primary purpose of this determination is to reallocate appropriations in response to a government decision to transfer specific functions, including the Electorate Office IT – departmental operating costs and administered costs relating to entitlements for former Prime Ministers. This reallocation ensures the appropriate budgetary resources are directed towards the Department of Parliamentary Services, thereby facilitating the smooth transition of these responsibilities.

Scope and Application

The Financial Management and Accountability Act 1997 Determination 2012/14 – Section 32 (Transfer of Functions from Finance to DPS) concerns the transfer of appropriations and functions from the Department of Finance and Deregulation (Finance) to the Department of Parliamentary Services (DPS). This determination applies specifically to the reallocation of financial resources and administrative functions linked to the Electorate Office IT – departmental operating costs, and administered costs relating to entitlements for former Prime Ministers. The transfer is enacted through amendments to the Appropriation Act (No. 1) 2011-2012 and the Appropriation (Parliamentary Departments) Act (No. 1) 2011-2012, effectively moving $472,372.81 from the Departmental item of Finance to DPS and $236,315.54 from an administered item for Outcome 3 for Finance to DPS, with an additional $708,688.35 increase to the DPS Departmental item. This transfer was authorised under section 32(2) of the FMA Act, delegated by the Finance Minister to the Secretary of Finance, and subsequently to certain officials within the Department of Finance and Deregulation. The instrument does not specify any exclusions or exemptions, and its reach is confined to the financial reallocations outlined within the Commonwealth jurisdiction.

Key Provisions

The Financial Management and Accountability Act 1997 Determination 2012/14 outlines the transfer of certain financial functions from the Department of Finance and Deregulation (Finance) to the Department of Parliamentary Services (DPS). Section 32(2) of the FMA Act enables the Minister for Finance and Deregulation to amend Appropriation Acts regarding the transfer of functions between agencies. This determination, made on 19 April 2012, is pursuant to this authority and reflects a governmental decision to reassign specific responsibilities from Finance to DPS. Schedule 1 of the Instrument amends the Appropriation Act (No. 1) 2011-2012, transferring $472,372.81 from the Departmental item for Finance to the Departmental item for DPS, along with $236,315.54 from the Administered item for Outcome 3 for Finance to the Departmental item for DPS. Schedule 2 increases the Departmental item for DPS by $708,688.35, further reflecting the transfer of appropriations for the Electorate Office IT – departmental operating costs, and administered costs relating to entitlements for former Prime Ministers. This Act imposes specific obligations on the entities involved in the transfer of functions. The Finance Minister and the Secretary of the Department of Finance and Deregulation must ensure that the amendments to the appropriation acts are made accurately and effectively to reflect the transfer of responsibilities. The officials within Finance who have been delegated this power are required to implement the changes in accordance with the determination. Additionally, the Department of Parliamentary Services must be prepared to assume the transferred functions and the associated financial obligations, ensuring that the appropriations are utilised in line with the new responsibilities. Failure to comply with the provisions of the Financial Management and Accountability Act 1997 could result in legal repercussions. Although the specific offences and penalties are not detailed in this determination, breaches of the FMA Act generally could lead to civil or criminal liability under Australian law. The penalties for such breaches may vary, but they could include fines or other sanctions as prescribed by the Act. The determination is exempt from disallowance under subsection 32(7) of the FMA Act, which implies that the legal consequences of non-compliance are subject to the broader provisions of the Act.