Financial Management and Accountability Act 1997 Determination 2012/30 - Section 32 (Transfer of Functions from DPP to AFP)

Overview

The Financial Management and Accountability Act 1997 Determination 2012/30 – Section 32 (Transfer of Functions from DPP to AFP) was enacted on 22 November 2012 to address a significant shift in responsibility within the Australian government's law enforcement framework. This legislative instrument was introduced to facilitate the transfer of specific financial allocations from the Office of the Director of Public Prosecutions (DPP) to the Australian Federal Police (AFP). This transfer was in response to a policy change under the Proceeds of Crime Act 2002, which empowered the AFP to undertake litigation regarding proceeds of crime on behalf of the Criminal Asset Confiscation Taskforce. The determination was made by the Secretary of the Department of Finance and Deregulation under the authority delegated by the Minister for Finance and Deregulation, reflecting a broader governmental strategy to enhance efficiency and effectiveness in handling criminal asset confiscation proceedings.

Scope and Application

The Financial Management and Accountability Act 1997 Determination 2012/30, specifically addressing the transfer of functions from the Office of the Director of Public Prosecutions (DPP) to the Australian Federal Police (AFP), applies to the financial management of federal government agencies and their respective budgets as stipulated by the Appropriation Acts. This particular determination modifies the Appropriation Act (No. 1) 2012-2013 by reallocating a sum of $1,750,000.00 from the DPP’s departmental item to that of the AFP. This reallocation reflects the Australian Government's decision to transfer the primary responsibility for litigation related to proceeds of crime from the DPP to the AFP, pursuant to legislative amendments made by the Crimes Legislation Amendment Act (No. 2) 2011. The instrument operates under the authority of the Financial Management and Accountability Act 1997, which provides the framework for the Minister for Finance and Deregulation to amend Appropriation Acts to facilitate such transfers. This instrument is exempt from disallowance and does not require a Human Rights Impact Statement, as per the provisions of the Financial Management and Accountability Act 1997 and the Human Rights (Parliamentary Scrutiny) Act 2011 respectively.

Key Provisions

The key operative sections of this determination, as provided in Schedule 1 of the Financial Management and Accountability Act 1997 Determination 2012/30, pertain to the transfer of a specific amount of $1,750,000.00 from the departmental item of the Office of the Director of Public Prosecutions (DPP) to the Australian Federal Police (AFP) (s 1). This transfer is a result of the Australian Government’s decision to reassign the majority of the litigation/functions under the Proceeds of Crime Act 2002 from the DPP to the AFP. This reallocation is formalised by the amendment to the Appropriation Act (No. 1) 2012-2013. The obligations and requirements imposed by this Act on the relevant parties primarily revolve around the financial transfer process itself. The DPP and AFP must ensure that the financial re-allocation is properly documented and recorded in their respective accounts. This includes updating all relevant financial records to reflect the transfer of funds, ensuring that both agencies maintain accurate and up-to-date financial data. Additionally, both agencies must cooperate in the transition of litigation/functions to avoid any gaps in service or legal responsibility. The determination does not explicitly outline specific offences, penalties, or consequences for breaches within the text provided. However, breaches of financial management and accountability provisions under the Financial Management and Accountability Act 1997 can lead to severe civil or criminal consequences. These may include fines, imprisonment, or other penalties as stipulated by the relevant legislation. Given that this determination is exempt from disallowance, any breach of its provisions could potentially lead to administrative or legal repercussions as deemed necessary under the applicable laws.