Overview
The Financial Management and Accountability Act 1997 Determination 2012/18 was enacted on 15 May 2012, to address the need for financial realignment following the transfer of functions between government departments. This instrument was created under the authority of Subsection 32(2) of the FMA Act, with the Minister for Finance and Deregulation having the power to amend Appropriation Acts concerning the transfer of functions. This power has been delegated to the Secretary of the Department of Finance and Deregulation and further to certain officials within Finance, as per sections 62 and 53 of the FMA Act. The primary objective of this instrument was to transfer $20,403,000.00 from the Department of Education, Employment and Workplace Relations to the Department of Industry, Innovation, Science, Research and Tertiary Education, in line with the Administrative Arrangements Order of 14 December 2011. This transfer reflects the reorganisation of functions relating to tertiary education, including Higher Education, Vocational Education and International Education, which were moved from DEEWR to DIISRTE. Both DEEWR and DIISRTE were consulted during the preparation of this instrument in accordance with the Legislative Instruments Act 2003.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2012/18 pertains specifically to the transfer of financial functions and appropriations between the Department of Education, Employment and Workplace Relations (DEEWR) and the Department of Industry, Innovation, Science, Research and Tertiary Education (DIISRTE). This determination is made under the authority of the Financial Management and Accountability Act 1997 and was executed to reflect the administrative changes outlined in the Administrative Arrangements Order of 14 December 2011. The instrument effectively reallocates $20,403,000.00 from the departmental item of DEEWR to that of DIISRTE, thereby formalising the transfer of functions related to tertiary education, including higher education, vocational education, and international education. The application of this determination is limited to the Commonwealth level, directly impacting the financial management of these two government departments. Notably, the instrument is exempt from disallowance and does not require a Human Rights Impact Statement, as stipulated by the Act.
Key Provisions
The main operative sections of the Financial Management and Accountability Act 1997 Determination 2012/18 (FMA Act Determination) are sections 32 and 62. Section 32(2) allows the Minister for Finance and Deregulation to amend Appropriation Acts in relation to the transfer of a function from one agency to another. This authority is exercised by the Secretary of the Department of Finance and Deregulation, who has delegated this power to certain officials within the department under section 53 of the FMA Act. The determination, as outlined in Schedule 1, transfers an amount of $20,403,000.00 from the departmental item for the Department of Education, Employment and Workplace Relations (DEEWR) to the departmental item for the Department of Industry, Innovation, Science, Research and Tertiary Education (DIISRTE), reflecting the Administrative Arrangements Order of 14 December 2011.
The obligations and requirements imposed by the FMA Act Determination on the parties involved primarily concern the financial transfer process. The determination necessitates that the Department of Finance and Deregulation ensures the specified amount is transferred from DEEWR to DIISRTE, in line with the legislative changes dictated by the Administrative Arrangements Order. This transfer is to be reflected in the relevant appropriation accounts, and the necessary amendments must be incorporated into the Appropriation Act (No. 1) 2011-2012. The department must also ensure that all functions and programs related to tertiary education, including higher education, vocational education, and international education, are effectively transitioned from DEEWR to DIISRTE.
There are no specific offences, penalties, or civil/criminal consequences outlined in the FMA Act Determination itself. However, any failure to comply with the financial transfer requirements or the amendments to the Appropriation Act could lead to broader administrative or financial oversight issues. Given the statutory nature of the determination, any non-compliance might be subject to scrutiny or corrective measures under the FMA Act or related legislation. The determination is exempt from disallowance under subsection 32(7) of the FMA Act, and thus, no statement of compatibility with human rights is required.