Financial Management and Accountability Act 1997 Determination 2012/27 - Section 32 (Transfer of Functions from DIAC to MRTRRT)

Overview

The Financial Management and Accountability Act 1997 (FMA Act) provides the legislative framework for the transfer of functions and associated appropriations between government agencies. Enacted by the Parliament of Australia, the FMA Act was designed to ensure effective financial management and accountability within the federal government. In 2012, the Act was utilised through Determination 27 to address the specific issue of transferring the functions and funding of the Independent Protection Assessment Office (IPAO) from the Department of Immigration and Citizenship (DIAC) to the Migration Review Tribunal and Refugee Review Tribunal (MRTRRT). This transfer was a result of a government decision to amalgamate the operations of IPAO with MRTRRT, effective from 1 July 2012. The Determination, made under section 32(2) of the FMA Act, involved amending the Appropriation Act (No. 1) 2012-2013 to reallocate $14,455,446.00 from DIAC to MRTRRT, ensuring continuity in the funding and operations of the IPAO within its new organisational structure.

Scope and Application

The Financial Management and Accountability Act 1997 Determination 2012/27, specifically Schedule 1, pertains to the transfer of funding responsibilities and operations between the Department of Immigration and Citizenship (DIAC) and the Migration Review Tribunal and Refugee Review Tribunal (MRTRRT). This instrument, dated 18 September 2012, was enacted under the authority of the Financial Management and Accountability Act 1997, with the Secretary of the Department of Finance and Deregulation having delegated this power to certain officials within the department. The primary effect of this instrument is the transfer of $14,455,446.00 from the departmental item of DIAC to that of MRTRRT, reflecting the operational amalgamation of the Independent Protection Assessment Office (IPAO) with MRTRRT, effective from 1 July 2012. This legislative instrument is exempt from disallowance under the FMA Act and, as such, does not require a statement of compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Financial Management and Accountability Act 1997 Determination 2012/27, which amends the Appropriation Act (No. 1) 2012-2013, facilitates the transfer of a specific amount of $14,455,446.00 from the Department of Immigration and Citizenship (DIAC) to the Migration Review Tribunal and Refugee Review Tribunal (MRTRRT) (Schedule 1, Section 1). This transfer pertains to the funding for the operations of the Independent Protection Assessment Office (IPAO), which amalgamated with MRTRRT as of 1 July 2012 due to a government decision (Schedule 1, Section 2). The obligations imposed by this Act require the officials within the Department of Finance and Deregulation to ensure that the specified appropriation is correctly transferred and allocated to MRTRRT for the continuation of IPAO operations. The Act also mandates that the relevant departments, DIAC and MRTRRT, are to be consulted in the preparation of such instruments, ensuring transparency and stakeholder engagement (Schedule 1, Section 3). The instrument does not explicitly outline specific offences or penalties for breaches. However, the Financial Management and Accountability Act 1997 under which this Determination is made, does provide a framework for financial management and accountability, which implies that any breach could lead to administrative and possibly legal consequences. Given the nature of the amendments, non-compliance could result in financial mismanagement or misallocation, potentially leading to civil or administrative actions to rectify the breaches. Under the broader FMA Act, penalties for non-compliance with financial management provisions can include fines and, in severe cases, imprisonment. Although the specific penalties for breaches related to this Determination are not detailed in the explanatory statement, the overarching legislative framework suggests significant consequences for non-compliance, underscoring the importance of adhering to the prescribed financial transfer processes.