Financial Management and Accountability Act 1997 Determination 2013/02 – Section 32 (Transfer of Functions from AGD to OPC)

Overview

The Financial Management and Accountability Act 1997 (FMA Act) was enacted to provide a framework for the financial management of Commonwealth entities and to ensure accountability for the use of Commonwealth resources. The FMA Act Determination 2013/02, issued under section 32 of the FMA Act, was introduced to address the transfer of functions from the Attorney-General’s Department (AGD) to the Office of Parliamentary Counsel (OPC) as a result of changes in the Parliamentary Counsel Act 1970 effective from 1 October 2012. This Determination transfers appropriations associated with the former Office of Legislative Drafting and Publishing (OLDP) from AGD to OPC, ensuring that the total amount appropriated by Parliament remains unchanged. The determination was issued by the Minister for Finance and Deregulation, and the policy objective is to facilitate the smooth transition of functions and related appropriations between departments. The enactment of this Determination was preceded by consultations with both AGD and OPC, consistent with the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2013/02, made under section 32 of the Financial Management and Accountability Act 1997, pertains to the transfer of appropriations and functions related to the former Office of Legislative Drafting and Publishing from the Attorney-General’s Department to the Office of Parliamentary Counsel, following a legislative change in the Parliamentary Counsel Act 1970. This Determination transfers the relevant appropriations from the Attorney-General’s Department to the Office of Parliamentary Counsel, with no net change to the total amount appropriated by Parliament. The scope of the Determination is confined to the reallocation of appropriations in the Appropriation Acts, affecting specific departmental and administered items across various years, without altering the overall budget allocations as determined by Parliament. This legislative instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights as per the provisions of the Human Rights (Parliamentary Scrutiny) Act 2011. Consultation with the Attorney-General’s Department and the Office of Parliamentary Counsel was undertaken during the preparation of this Determination in accordance with the Legislative Instruments Act 2003.

Key Provisions

The FMA Act Determination 2013/02, made under section 32, concerns the transfer of appropriations related to the former Office of Legislative Drafting and Publishing (OLDP) from the Attorney-General’s Department (AGD) to the Office of Parliamentary Counsel (OPC). This transfer follows a change in the Parliamentary Counsel Act 1970 that took effect on 1 October 2012 (sections 32(2) and 62). The Finance Minister, under the authority of section 32(2) of the FMA Act, has directed this transfer, which does not affect the total amount appropriated by Parliament. The specific appropriations transferred are detailed in the summary of changes section, which indicates an increase of $7,311,000 for OPC and a corresponding decrease of $7,311,000 for AGD across various Appropriation Acts. The Act imposes certain obligations on the AGD and OPC regarding the transfer of functions and appropriations. AGD and OPC were consulted in the preparation of this Determination, as required by Part 3 of the Legislative Instruments Act 2003. The Finance Minister has delegated the power to make this Determination to the Secretary of the Department of Finance and Deregulation (Finance), and further delegated this authority to certain Senior Executive Service officials within Finance (sections 62 and 53). This administrative process ensures that the transfer of functions and appropriations is conducted efficiently and within the legislative framework. Failure to comply with the requirements set forth in the FMA Act Determination 2013/02 could result in civil or administrative consequences, although no specific offences, penalties, or consequences are mentioned in the text. The Determination is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003, and it is exempt from disallowance under subsection 32(7) of the FMA Act, hence no Statement of Compatibility with Human Rights is required as per the Human Rights (Parliamentary Scrutiny) Act 2011. In summary, the FMA Act Determination 2013/02 outlines the transfer of specific appropriations from AGD to OPC, detailing the changes across several Appropriation Acts without altering the total amount appropriated. The obligations under the Act involve consultation and delegation of authority, ensuring that the transfer is conducted in accordance with legislative requirements. Although no specific penalties are outlined, adherence to the Determination is necessary to maintain the integrity of the financial management processes.