Financial Management and Accountability Act 1997 Determination 2012/23 - Section 32 (Transfer of Functions from DEEWR to DIISRTE)

Overview

The Financial Management and Accountability Act 1997 Determination 2012/23, which was enacted on 20 June 2012, is designed to facilitate the transfer of functions from the Department of Education, Employment and Workplace Relations (DEEWR) to the Department of Industry, Innovation, Science, Research and Tertiary Education (DIISRTE). This legislative instrument was introduced to address the need for a legal framework to accommodate the reallocation of certain functions and associated budgetary allocations as per the Administrative Arrangements Order dated 14 December 2011. The instrument, made under the authority of subsection 32(2) of the FMA Act, ensures the proper administration and accountability of these transfers. The policy objective is to streamline governmental operations and ensure that the necessary budgetary adjustments are accurately reflected in the appropriation acts, thereby maintaining fiscal integrity and compliance with the Administrative Arrangements Order.

Scope and Application

The Financial Management and Accountability Act 1997 Determination 2012/23 pertains specifically to the transfer of financial functions and appropriations from the Department of Education, Employment and Workplace Relations (DEEWR) to the Department of Industry, Innovation, Science, Research and Tertiary Education (DIISRTE) as mandated by the Administrative Arrangements Order of 14 December 2011. This instrument, made on 20 June 2012, facilitates the reallocation of an amount of $122,313,350.53 from DEEWR to DIISRTE in the Appropriation Act (No. 1) 2011-2012, reflecting the transfer of responsibilities concerning tertiary education. The effect of this determination is to implement the administrative changes outlined in the aforementioned order. Both DEEWR and DIISRTE were consulted in the preparation of this instrument, which is a legislative instrument under the Legislative Instruments Act 2003. Notably, this instrument is exempt from disallowance and does not require a Human Rights Impact Statement as it is not subject to the scrutiny requirements under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of this instrument are found within Schedule 1 of the Financial Management and Accountability Act 1997 Determination 2012/23 (paragraph 2). This schedule details the transfer of a specific amount, $122,313,350.53, from the administered item of the Department of Education, Employment and Workplace Relations (DEEWR) alongside Outcome 3 to the administered item of the Department of Industry, Innovation, Science, Research and Tertiary Education (DIISRTE) alongside Outcome 3. This transfer is effective from the date of the instrument, 20 June 2012, and is in response to the Administrative Arrangements Order of 14 December 2011, which mandated the shift of tertiary education-related functions and programs from DEEWR to DIISRTE. The Act imposes certain obligations and requirements on the parties it governs. Firstly, the transfer of funds as detailed in the schedule must be implemented by the Department of Finance and Deregulation in accordance with the provisions of the Financial Management and Accountability Act 1997 (FMA Act). This includes ensuring that the administrative changes are reflected in the relevant Appropriation Acts. Additionally, the Act requires that both DEEWR and DIISRTE were consulted in the preparation of this instrument, as mandated by Part 3 of the Legislative Instruments Act 2003. This ensures that the transfer is conducted with proper consultation and consideration of the implications for both departments. In terms of offences and consequences, the Act outlines that the instrument is exempt from disallowance under subsection 32(7) of the FMA Act. This means that the determination cannot be annulled by resolution of either House of Parliament. Furthermore, given that this instrument is exempt from disallowance, a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 is not required. There are no specific penalties or civil/criminal consequences mentioned for breach of this instrument, as its primary focus is on the administrative transfer of funds and functions between departments. The primary consequence of non-compliance would be the failure to properly implement the changes as mandated by the Administrative Arrangements Order.