Financial Management and Accountability (Determination 2004/13 — Law Enforcement Projects Account) Abolition 2004

Overview

The Financial Management and Accountability (Determination 2004/13 — Law Enforcement Projects Account) Abolition 2004I was enacted to address the need for the abolition of the Law Enforcement Projects Account, which was administered by the Australian Crime Commission. This legislative instrument was introduced by Nick Minchin, the Minister for Finance and Administration, under subsection 20(3) of the Financial Management and Accountability Act 1997. The primary objective of this Determination was to eliminate the Law Enforcement Projects Account, which was deemed no longer necessary or appropriate for the financial management and accountability framework in Australia. The Determination was made effective from the date it was issued, 9 July 2004.

Scope and Application

The Financial Management and Accountability (Determination 2004/13 — Law Enforcement Projects Account) Abolition 2004 applies to the Law Enforcement Projects Account, which was previously administered by the Australian Crime Commission. The Determination, made under the Financial Management and Accountability Act 1997, effectively abolishes this account as of the date of the Determination, 9 July 2004. The Determination applies to the specific account and the manner in which it was used to manage financial resources allocated for law enforcement projects. It is a Commonwealth instrument, impacting entities and persons involved with the administration and utilisation of the funds within this account. There are no stated exclusions or exemptions within the Determination, and it does not extend its application through subordinate instruments. The abolition of this account means that any future transactions or allocations previously intended for the Law Enforcement Projects Account are subject to other applicable financial management and accountability frameworks.

Key Provisions

The Financial Management and Accountability (Determination 2004/13 — Law Enforcement Projects Account) Abolition 2004I (the Determination) made by Nick Minchin, the Minister for Finance and Administration, under subsection 20(3) of the Financial Management and Accountability Act 1997, abolishes the Law Enforcement Projects Account. This account was administered by the Australian Crime Commission. The Determination came into effect on the day it was made, which is 9 July 2004. Under section 2 of the Determination, the Law Enforcement Projects Account, which was used to fund projects related to law enforcement, is officially abolished. This means that any funding or projects previously managed through this account will no longer be administered in the same way, and alternative arrangements will need to be made for any ongoing or future projects that require funding. The Abolition 2004I places a significant responsibility on the Australian Crime Commission to ensure a smooth transition from the now-abolished account. The Commission must facilitate the transfer of any existing funds and projects to appropriate alternative funding sources or accounts, ensuring continuity of operations that were previously supported by the Law Enforcement Projects Account. Additionally, any records, reports, and documentation related to the account must be archived or transferred in accordance with relevant legislative requirements. Failure to comply with the requirements of the Abolition 2004I could lead to various consequences. While specific offences, penalties, or civil/criminal consequences are not explicitly detailed in the Determination itself, breaches of the Financial Management and Accountability Act 1997 generally could result in penalties under the relevant sections of that Act. For instance, if there is mismanagement of funds or failure to properly transition projects, this could lead to civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. The exact penalties would depend on the specific provisions of the Financial Management and Accountability Act 1997 that are contravened.