Overview

The Legislative instrument F2007B00770, dated 27 June 2000, pertains to an advance to the Finance Minister under Section 10 of the Appropriation Act (No. 4) 1999-2000. This legislative instrument was enacted to address the need for an increased appropriation for the Department of Finance and Administration, specifically for the Administered Capital item, to ensure adequate funding for the department's operational requirements. The enacting body for this legislation was the Parliament of Australia, with the intent of providing additional financial resources to the department as authorised by the Appropriation Act (No. 4) 1999-2000. The policy objective underlying this legislative instrument was to secure necessary financial support for the department’s administrative capital needs, thus facilitating the effective management of government funds and resources.

Scope and Application

Section 10 of the Appropriation Act (No. 4) 1999-2000 applies to the determination of the appropriation item for the Department of Finance and Administration, specifying an increase in funding by $4,800,000. This Act authorises the Finance Minister to make such determinations and adjustments to appropriation items, thereby ensuring that the government's budgetary allocations are properly managed and allocated to meet its financial commitments. The Act's scope is limited to the financial year specified, and it provides a mechanism for the Finance Minister to adjust appropriations where necessary. The geographic reach of this legislation is confined to the Commonwealth level, impacting federal government financial operations and ensuring that budgetary processes comply with legislative requirements. There are no stated exclusions, exemptions, or thresholds in this particular legislative instrument, and its application is directly tied to the appropriation item and agency listed within the Act. The Act may be extended or restricted in application through subordinate instruments that further define the budgetary processes and financial controls within the federal government framework.

Key Provisions

Section 10 of the Appropriation Act (No. 4) 1999-2000, as referenced in the legislative instrument F2007B00770, provides authority for the Finance Minister to adjust appropriation items. In this specific instance, the legislative instrument indicates that Phillip Prior, who holds the position of SES Band 2 in the Budget Group of the Department of Finance and Administration, has exercised this authority. According to the instrument, the appropriation item for the Department of Finance and Administration under the Administered Capital category is to be increased by $4,800,000. This adjustment is documented in No. 21 of 1999-2000, dated 27 June 2000. The Act imposes several obligations on the entities it governs. Firstly, it mandates that any adjustment to appropriation items must be carried out by an authorised officer, in this case Phillip Prior, who must ensure that the amendment is correctly documented and justified. The authority to make such adjustments is derived from the Appropriation Act (No. 4) 1999-2000, and the legislative instrument must comply with all relevant provisions of that Act. Additionally, the amendment must be communicated and recorded accurately, ensuring transparency and accountability in the financial management process. Furthermore, the Act requires that any changes to appropriations are made in a manner that adheres to budgetary constraints and legislative requirements. This includes ensuring that the additional funding of $4,800,000 for the Administered Capital of the Department of Finance and Administration aligns with the overall budget and does not exceed the authorised limits. The obligation to maintain accurate records and provide justification for the increase is also a critical requirement under this Act. The legislative instrument also outlines the potential consequences for non-compliance with the Act. Any unauthorised or improper adjustment of appropriation items could lead to significant penalties and legal repercussions. Specifically, breaches of the Act may result in civil or criminal penalties, depending on the severity and intent behind the breach. The maximum penalties for such offences can include substantial fines and, in severe cases, imprisonment. It is crucial that all adjustments are made in strict accordance with the legal framework to avoid these severe consequences.