Advance to the Finance Minister – section 11 of Appropriation Act (No. 1) 2001-2002 (No. 11 of 2001-2002)

Overview

The Legislative Instrument F2007B00867 pertains to an advance to the Finance Minister as stipulated in Section 11 of the Appropriation Act (No. 1) 2001-2002. Enacted on 1 March 2002, this legislative instrument was introduced to address the need for increased funding allocations to specific government departments to ensure effective execution of government policies and decision-making processes. This instrument was issued by the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, under the authority of Jim Kerwin, Branch Manager. The policy objective underlying this legislation is to facilitate the augmentation of departmental appropriations to support the overarching goal of sound and well-coordinated government policies and programmes. The specified appropriation increase, amounting to $22,000,000, was directed towards the Department of the Prime Minister and Cabinet to bolster its capacity in achieving the stated outcome of well-coordinated government policies and decision-making processes.

Scope and Application

Section 11 of the Appropriation Act (No. 1) 2001-2002 applies specifically to the allocation and redistribution of budgetary appropriations within Commonwealth agencies, allowing for adjustments in funding as determined by the relevant authorities. This Act pertains to the Department of the Prime Minister and Cabinet, with a particular focus on enhancing departmental outputs to ensure sound and well-coordinated government policies, programs, and decision-making processes. The legislative instrument F2007B00867 authorises an increase of $22,000,000 in the appropriation item for the Department of the Prime Minister and Cabinet, thereby extending the financial capacity for specific outcomes. The Act operates within the Commonwealth jurisdiction, impacting national governance and financial management. There are no stated exclusions or exemptions within the text provided, and the application is limited to the specified appropriation item and agency as outlined. The Act's application may be further defined or expanded through subordinate instruments issued under the authority of the Appropriation Act.

Key Provisions

The main operative sections of this legislative instrument, specifically Section 11 of the Appropriation Act (No. 1) 2001-2002, allow for the adjustment of budgetary allocations for specific agencies. According to the determination by Jim Kerwin, Branch Manager of the Commonwealth Financial Reporting Unit, the appropriation item for the Department of the Prime Minister and Cabinet is to be increased by $22,000,000. This adjustment is intended to support the department's outcomes, specifically focusing on sound and well-coordinated government policies, programs, and decision-making processes. The Act imposes several obligations and requirements on the parties it governs. Firstly, the determination by Jim Kerwin must be made in accordance with the specific provisions outlined in Section 11 of the Appropriation Act. This includes ensuring that the adjustment to the appropriation item is justified and necessary for the stated outcomes. Additionally, the determination must be communicated in a formal and documented manner, as evidenced by the signature and title of Jim Kerwin, which provides a clear and traceable record of the decision. The Act also requires that any changes to appropriations be aligned with the broader fiscal policy and budgetary framework established by the government. Failure to comply with the requirements and provisions of the Appropriation Act may result in various civil or criminal consequences. For breaches of the Act, the potential penalties can include fines or imprisonment, depending on the severity and nature of the breach. Under Australian law, the maximum penalties for breaches can vary significantly but may include substantial fines for both individuals and corporations. Additionally, any actions that result in the misuse of public funds can lead to further civil actions for restitution or damages, reinforcing the importance of adhering to the legislative requirements. The legislative instrument also includes provisions for the enforcement of the Act. These provisions allow for investigations into any suspected breaches, the issuance of notices to affected parties, and the initiation of legal proceedings where necessary. The enforcement mechanisms are designed to ensure that the Act is upheld and that any misuse or mismanagement of public funds is promptly addressed. This includes the authority for the relevant government agencies to audit and review financial transactions to ensure compliance with the Act. In summary, the legislative instrument provides a clear framework for the adjustment of appropriation items, outlining the requirements for making such adjustments and the obligations of the parties involved. It also sets out the potential consequences for non-compliance, including civil and criminal penalties, and establishes mechanisms for enforcement to ensure adherence to the Act. This ensures that public funds are managed responsibly and in accordance with the legislative intent.