Financial Management and Accountability Act 1997 Determination 2012/28 – Section 32 (Transfer of Functions from NNTT to FEDCA)

Overview

The Financial Management and Accountability Act 1997 Determination 2012/28 was enacted to address the financial implications of transferring specific functions from the National Native Title Tribunal (NNTT) to the Federal Court of Australia (FEDCA). This legislation was introduced by the Parliament of Australia and aims to ensure the proper allocation of funds following the reassignment of these functions. The determination, which was made on 19 October 2012, involves amending several Appropriation Acts to reflect the financial changes resulting from this transfer. By reducing the departmental items for the NNTT and increasing them for the FEDCA, the Act ensures that the financial resources are appropriately aligned with the new administrative responsibilities.

Scope and Application

The Financial Management and Accountability Act 1997 Determination 2012/28 pertains to the transfer of specific functions from the National Native Title Tribunal (NNTT) to the Federal Court of Australia (FEDCA) and involves amendments to the appropriation acts of the Commonwealth of Australia. This instrument is made under the authority of subsection 32(2) of the FMA Act and has been delegated to certain officials within the Department of Finance. The instrument reduces the departmental funding for the NNTT and increases the funding for the FEDCA to reflect the transfer of functions. The instrument includes amendments to several appropriation acts, adjusting the funding levels of the NNTT and the FEDCA. These adjustments are in response to the government decision on 8 March 2012 to transfer functions relating to native title claims administration and related Indigenous Land Use Agreement negotiations from the NNTT to the FEDCA. The changes are made to ensure the financial management reflects the reallocation of responsibilities between these two entities.

Key Provisions

The main operative sections of the Financial Management and Accountability Act 1997 Determination 2012/28 are found in Schedules 1 to 10, which amend various Appropriation Acts from 2005-2006 to 2012-2013. Specifically, these schedules reduce the departmental items allocated to the National Native Title Tribunal (NNTT) and increase the departmental items allocated to the Federal Court of Australia (FEDCA). For instance, Schedule 1 reduces the departmental item for NNTT by $944,000.00 for the 2005-2006 financial year, while Schedule 9 increases the departmental item for FEDCA by $13,579,150.29 for the 2012-2013 financial year. These amendments reflect the transfer of functions related to native title claims administration and related negotiations from NNTT to FEDCA. The obligations and requirements imposed by this Act primarily concern the financial reallocation and adjustments of the respective budgets of the NNTT and FEDCA. The Act requires the responsible officials within the Department of Finance to implement the specified reductions and increases in departmental items as outlined in the schedules. The Act ensures that the financial resources are appropriately adjusted to reflect the transfer of functions between the two entities. Additionally, the Act mandates consultation with the NNTT and FEDCA in the preparation of this instrument, ensuring that both parties are informed and can provide input into the financial changes. The Act does not explicitly outline specific offences or penalties for breaches of the amendments. However, it is implicit that failure to comply with the financial adjustments as specified could lead to significant financial mismanagement and potential legal repercussions. Given the nature of the Act and the financial implications, non-compliance could result in financial irregularities, impacting the operations and effectiveness of both NNTT and FEDCA. The Act's provisions are designed to ensure that the financial resources are correctly allocated to reflect the new functions and responsibilities of the entities involved. As the Act is exempt from disallowance under subsection 32(7) of the Financial Management and Accountability Act 1997, it underscores the importance of adhering to the specified financial adjustments.