Overview
The Financial Management and Accountability Act 1997 Determination 2012/26 was enacted on 27 June 2012 and addresses 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), as per the Administrative Arrangements Order dated 14 December 2011. This instrument amends the Appropriation Act (No. 1) 2011-2012 to transfer $7,136,000.00 from the departmental item of DEEWR to that of DIISRTE. The determination was made by the Minister for Finance and Deregulation, who has the authority to amend Appropriation Acts concerning function transfers, as stipulated under the Financial Management and Accountability Act 1997. This legislative instrument ensures that financial allocations align with the new administrative arrangements, facilitating the smooth transfer of responsibilities related to tertiary education, including higher education, vocational education, and international education.
Scope and Application
The Financial Management and Accountability Act 1997 Determination 2012/26, issued on 27 June 2012, pertains to the transfer of a specific financial amount from the Department of Education, Employment and Workplace Relations (DEEWR) to the Department of Industry, Innovation, Science, Research and Tertiary Education (DIISRTE). This determination is grounded in the authority provided by the Financial Management and Accountability Act 1997 (FMA Act), specifically subsection 32(2), which allows the Minister for Finance and Deregulation to amend Schedules of Appropriation Acts concerning the transfer of functions between agencies. The determination was executed under the delegated powers of the Secretary of the Department of Finance and Deregulation, as per section 62 of the FMA Act, with further delegation to certain officials within Finance under section 53 of the same Act. The purpose of this particular determination is to amend Schedule 1 of the Appropriation Act (No. 1) 2011-2012, transferring an amount of $7,136,000.00 from DEEWR to DIISRTE, thereby implementing the Administrative Arrangements Order of 14 December 2011. This transfer reflects the reallocation of functions and programs relating to tertiary education, including Higher Education, Vocational Education, and International Education, from DEEWR to DIISRTE, a change necessitated by the Administrative Arrangements Order. The instrument is exempt from disallowance under subsection 32(7) of the FMA Act, and thus, does not require a statement of compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The main operative sections of this Determination are the amendments made to Schedule 1 of the Appropriation Act (No. 1) 2011-2012, under the authority of the Financial Management and Accountability Act 1997 (FMA Act). Specifically, section 32 of the FMA Act allows the Minister for Finance and Deregulation to transfer funds from one agency to another. In this case, Schedule 1 of the Instrument transfers an amount of $7,136,000.00 from the Department of Education, Employment and Workplace Relations (DEEWR) to the Department of Industry, Innovation, Science, Research and Tertiary Education (DIISRTE), reflecting the transfer of functions related to tertiary education.
The obligations and requirements imposed by this Determination primarily involve the transfer of financial resources as outlined in the Schedule. This transfer is in accordance with the Administrative Arrangements Order of 14 December 2011, which mandated the shift of functions related to tertiary education from DEEWR to DIISRTE. The process of transferring these funds must adhere to the provisions of the FMA Act, ensuring that the necessary legislative steps are followed correctly and that the transfer is reflected in the appropriate appropriation acts.
Regarding the consequences of non-compliance or breach, it is important to note that the Determination is exempt from disallowance under subsection 32(7) of the FMA Act. As such, there are no specified civil or criminal penalties for failure to comply with the requirements of this Determination. However, the transfer of funds must still be conducted in accordance with the FMA Act to avoid any legal repercussions that might arise from non-compliance with the broader financial management framework.
Furthermore, this Determination does not require a Human Rights Impact Statement or a statement of compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011, as it is exempt from disallowance and does not necessitate such statements under its legislative authority. This exemption highlights that while the financial transfer is significant, the Determination itself is intended to streamline administrative processes rather than introduce new regulatory or compliance burdens.
In summary, the Determination facilitates the transfer of $7,136,000.00 from DEEWR to DIISRTE, reflecting the reallocation of functions related to tertiary education as mandated by the Administrative Arrangements Order. The process is governed by the FMA Act, ensuring that the transfer is lawful and in compliance with financial management regulations. However, the specific provisions of the FMA Act govern any potential consequences for non-compliance rather than the Determination itself.