Overview

The Financial Management and Accountability Act 1997 was enacted to ensure effective financial management and accountability within the public sector. This legislation was introduced to address the need for robust financial oversight and to ensure that public funds are managed efficiently and transparently. In exercising powers under this Act, the Department of Finance and Administration has the authority to manage and regulate financial operations within the public sector. The policy objective of the Act is to enhance financial governance and ensure that public resources are used responsibly. On 21 July 1999, Anne Morant, Acting Branch Manager of the Financial Framework Branch, acting under the delegation from the Chief Executive, issued a determination to abolish the Public Sector Management Course Special Account in accordance with subsection 20(3) of the Act. This action reflects the ongoing efforts to streamline financial management structures and eliminate accounts that are no longer necessary or effective. The abolition of this special account is part of the broader objective to maintain strong financial accountability within the public sector.

Scope and Application

The determination under subsection 20(3) of the Financial Management and Accountability Act 1997, as executed by Anne Morant, Acting Branch Manager of the Financial Framework Branch, pertains to the abolition of the Public Sector Management Course Special Account. This decision applies to the Public Sector Management Course Special Account and the entities or individuals who manage and oversee its operations within the Commonwealth. The Act is a piece of federal legislation, thus it holds jurisdiction over entities and individuals operating within the Commonwealth of Australia. The scope of this legislation is limited to the financial management framework of the Commonwealth and does not extend to state or territory-specific accounts or financial operations. There are no stated exclusions, exemptions, or thresholds within the determination itself. However, it is pertinent to note that the application and interpretation of the Act may be further detailed or refined through subordinate instruments, which could provide additional specifications or exceptions.

Key Provisions

The key operative section of this legislative instrument is subsection 20(3) of the Financial Management and Accountability Act 1997 (section 20(3)). This subsection empowers the Acting Branch Manager, Financial Framework Branch, to determine the abolition of a special account. In this case, the determination concerns the Public Sector Management Course Special Account, which is being abolished by the Acting Branch Manager, Anne Morant, acting on the authority of the Chief Executive of the Department of Finance and Administration (section 53). This determination was made on 21 July 1999. The Act imposes several obligations and requirements on the parties involved. The Acting Branch Manager must exercise the power to abolish the special account in accordance with the provisions of the Act. In this instance, the determination to abolish the Public Sector Management Course Special Account is a direct exercise of this power. The Chief Executive of the Department of Finance and Administration, who has delegated this power to the Acting Branch Manager, must ensure that such determinations are made in accordance with the law and within the scope of the delegated authority. Under the Act, there are potential consequences for breaches or improper exercise of the powers granted. While specific offences, penalties, or civil and criminal consequences are not detailed in this legislative instrument, the Financial Management and Accountability Act 1997 may include provisions that address breaches of the Act's provisions. Typically, such breaches could lead to sanctions such as fines, legal action, or other penalties as prescribed by the Act. It is essential for the Acting Branch Manager and the Chief Executive to ensure compliance with the legislative requirements to avoid any adverse consequences.