Advance to the Finance Minister – section 11 of Appropriation Act (No. 1) 2000-2001 (No. 34 of 2000-2001)

Overview

The Legislative Instrument F2007B00837, dated 28 June 2001, pertains to the Appropriation Act (No. 1) 2000-2001, enacted by the Parliament of Australia to manage and allocate public funds efficiently across various government agencies. This particular legislative instrument addresses the need to increase the appropriation for the Australian Maritime Safety Authority (AMSA) by $500,000 to support administered expenses, which falls under Outcome 1 of the budget. This enhancement is essential to ensure that AMSA can continue its operations effectively, particularly in the domain of linking Australia through transport and regional services. The policy objective, as inferred from the context, is to provide the necessary financial resources to maintain and improve maritime safety standards and regulatory activities across the nation.

Scope and Application

The Appropriation Act (No. 1) 2000-2001, through Section 11, provides a legislative instrument (F2007B00837) that facilitates the adjustment of appropriation items for specific Commonwealth agencies. In this instance, the legislation applies directly to the Australian Maritime Safety Authority (AMSA) by increasing its appropriation for administered expenses by $500,000 under Outcome 1, which focuses on linking Australia through transport and regional services. This act serves to ensure that the AMSA has adequate funding to meet its operational requirements, thereby maintaining the safety and efficiency of maritime activities within Australia's jurisdiction. The application of this legislation is confined to the Commonwealth level, impacting federal agencies and their financial allocations as determined by the Department of Finance and Administration. There are no stated exclusions or exemptions within the scope of this legislation, and it does not extend its application through subordinate instruments but operates within the confines of the principal Act.

Key Provisions

Section 11 of the Appropriation Act (No. 1) 2000-2001 (the Act) provides the mechanism for adjusting appropriations for certain agencies by determining the increase in funding as set out in a legislative instrument. This section allows the Finance Minister to adjust the appropriations for specified agencies by a designated amount, as authorised by the Act. In this instance, the Team Leader Funding Team, Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, has determined that the appropriation item for the Australian Maritime Safety Authority will be increased by $500,000 for the administered expenses under Outcome 1: Linking Australia through transport and regional services. The obligations imposed by the Act on the parties it governs include the requirement for the Finance Minister, or a delegate such as the Team Leader Funding Team, to determine the increase in appropriations as per the legislative instrument. This determination must be made in accordance with the specific provisions of the Act, ensuring that the adjustment to the appropriation is lawful and properly authorised. The legislative instrument must detail the appropriation item, the agency affected, and the amount of the increase, as seen in the example provided where the appropriation item for the Australian Maritime Safety Authority has been increased by $500,000. The Act also imposes certain requirements on the agencies receiving the increased appropriations. These agencies must ensure that the additional funds are used in accordance with the purposes for which they were originally appropriated. In this case, the Australian Maritime Safety Authority must utilise the additional $500,000 for administered expenses under Outcome 1: Linking Australia through transport and regional services. Failure to comply with the specified purposes may result in the misuse of public funds and could lead to scrutiny or audit by relevant authorities. In terms of the consequences for breach, the Act does not explicitly detail offences, penalties, or specific civil or criminal consequences for non-compliance with its provisions. However, any misuse or misappropriation of public funds can lead to serious legal and administrative repercussions. Such actions could result in investigations, audits, or legal proceedings, potentially leading to financial penalties, recovery of funds, or other corrective measures. The precise penalties would depend on the specific circumstances and the findings of any subsequent investigations or legal actions.