ADVANCE TO THE FINANCE MINISTER – SECTION 11 OF APPROPRIATION ACT (No.1) 2000-2001
I, Phillip Prior, Branch Manager, Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, pursuant to section 11 of Appropriation Act (No. 1) 2000-2001, hereby determine that the appropriation item listed in Column 1 for the agency listed in Column 2 be increased by the amount listed in Column 3.
Column 1 | Column 2 | Column 3 |
Appropriation Item | Agency | Amount |
| | $ |
| | |
Appropriation Act (No. 1) 2000-2001 | Migration Review Tribunal | 1,866,000 |
Departmental Outputs | | |
Outcome 1 | | |
Contribute to ensuring that the administrative decisions of Government are correct and preferable in relation to non-humanitarian entrants. | | |
| | |
Phillip Prior No. 16 of 2000-2001
7 May 2001
Overview
The legislative instrument F2007B00787, enacted in 2001, is a specific provision under section 11 of the Appropriation Act (No. 1) 2000-2001, which addresses the need for the redistribution of funds among government agencies to meet immediate operational requirements. This particular instrument was introduced to address the shortfall in funding for the Migration Review Tribunal, ensuring that it could continue to fulfil its mandate of reviewing administrative decisions related to non-humanitarian entrants. Enacted by the Parliament of Australia, the objective behind this appropriation is to enhance the capacity of the Migration Review Tribunal to maintain efficient and effective oversight over the government's administrative decisions, thereby contributing to the overall integrity of the immigration process.
Scope and Application
The Appropriation Act (No. 1) 2000-2001, specifically section 11, provides authority for the determination of adjustments to appropriations, allowing the Finance Minister to allocate funds to various government agencies as required. Pursuant to this section, Phillip Prior, Branch Manager of the Commonwealth Financial Reporting Unit within the Department of Finance and Administration, has determined that an additional appropriation of $1,866,000 is necessary for the Migration Review Tribunal to support its functions in ensuring the correctness and preference of administrative decisions concerning non-humanitarian entrants. This legislative instrument applies directly to the Migration Review Tribunal as the specified agency and pertains to the appropriation item listed under the Departmental Outputs for Outcome 1. The legislation does not explicitly outline a broader jurisdictional or geographic reach beyond the confines of the specified appropriation item and agency. Any further application or restrictions of this legislative instrument are subject to the subordinate instruments and regulations that may accompany or interpret the primary legislation.
Key Provisions
The key operative section of this legislative instrument is section 11 of the Appropriation Act (No. 1) 2000-2001, which allows the Finance Minister to adjust appropriations for specific agencies and purposes. According to this section, the Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, can increase certain appropriation items for designated agencies (section 11). In this case, the appropriation item for the Migration Review Tribunal is being increased by $1,866,000 to support departmental outputs under Outcome 1, specifically contributing to ensuring that the administrative decisions of the Government are correct and preferable in relation to non-humanitarian entrants.
This legislative instrument imposes a clear obligation on the Branch Manager to adjust the appropriation item for the Migration Review Tribunal as specified. The manager must ensure that the listed appropriation item is increased by the specified amount to support the identified departmental outputs and outcomes. The obligation extends to the accuracy of the figures and the appropriate allocation of funds to achieve the desired outcomes as outlined in the legislation.
Breach of the obligations set out in this legislative instrument can result in legal consequences. The precise nature of these consequences, however, is not detailed in the legislative instrument itself. Typically, failure to adhere to appropriation acts may lead to financial mismanagement or misallocation of funds, which could result in civil or administrative penalties. While the maximum penalties are not specified in this particular legislative instrument, they could potentially include fines, restitution of funds, or other corrective measures depending on the severity of the breach and relevant legislation. It is important to note that the consequences would be in accordance with the broader legal framework governing financial management and appropriations in Australia.