Advance to the Finance Minister – section 11 of Appropriation Act (No. 1) 2001-2002 (No. 15 of 2001-2002)

Overview

The Appropriation Act (No. 1) 2001-2002 was enacted by the Parliament of Australia to address the financial management and budgetary allocation for federal government agencies during the fiscal years 2001-2002. This legislation serves as a mechanism for the allocation and control of public funds, ensuring that the government operates within the financial limits set by Parliament. A specific problem or gap that this Act aimed to address includes the need for precise and timely adjustments to budget allocations to accommodate unforeseen circumstances or shifts in policy priorities during the financial year. The legislative instrument F2007B00877, issued under Section 11 of the Appropriation Act (No. 1) 2001-2002, facilitates the re-allocation of funds within the budgetary framework, ensuring that agencies such as the Department of Foreign Affairs and Trade receive the necessary resources to fulfil their mandated outcomes. This instrument is an example of the administrative flexibility embedded within the Act to adapt to changing requirements, as evidenced by the increase of $2,927,069 for the administered expenses of the Department of Foreign Affairs and Trade to protect Australia’s national interests through international security and global cooperation.

Scope and Application

The legislative instrument F2007B00877, pertaining to Section 11 of the Appropriation Act (No. 1) 2001-2002, outlines the procedure for the advancement of funds to the Finance Minister. This specific legislative instrument applies to the appropriation item for the Department of Foreign Affairs and Trade, which is designated for administered expenses associated with Outcome 1. This outcome focuses on advancing Australia's national interests through contributions to international security, national economic and trade performance, and global cooperation. The determination is executed by Jim Kerwin, the Branch Manager of the Commonwealth Financial Reporting Unit within the Budget Group of the Department of Finance and Administration. The legislative instrument delineates an increase in the appropriation amount for the Department of Foreign Affairs and Trade by $2,927,069, as listed in the relevant column. This adjustment is explicitly noted within the framework of the Appropriation Act (No. 1) 2001-2002, providing a clear allocation for the specified fiscal year.

Key Provisions

The primary operative section of this legislative instrument is Section 11 of the Appropriation Act (No. 1) 2001-2002, which provides the authority for the adjustment of appropriations for specified agencies. Pursuant to this section, the Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, in this case Jim Kerwin, has the responsibility to determine the increase in appropriation for the listed agencies. Specifically, Section 11 allows for the appropriation item for the Department of Foreign Affairs and Trade under the Administered Expenses – Outcome 1 category to be increased by $2,927,069. This outcome pertains to Australia's national interests being protected and advanced through contributions to international security, national economic and trade performance, and global cooperation. The obligations and requirements imposed by this legislation are primarily administrative and financial in nature. The Branch Manager, in this instance Jim Kerwin, must ensure that the appropriation adjustment is documented accurately and in accordance with the legislative framework provided by the Appropriation Act (No. 1) 2001-2002. The Department of Finance and Administration is tasked with managing and overseeing the allocation of these funds to ensure they are utilised effectively for the stated outcomes. Additionally, the Department of Foreign Affairs and Trade must account for this additional funding and ensure that it is used in accordance with the objectives outlined in Outcome 1. There are no explicit offences, penalties, or civil or criminal consequences detailed in this particular legislative instrument for breaches related to the appropriation adjustment. However, any failure to comply with the financial management and appropriation directives as outlined by the Appropriation Act (No. 1) 2001-2002 could potentially lead to broader financial mismanagement issues, which might attract scrutiny, audits, or other administrative actions. The Branch Manager, in this case Jim Kerwin, must ensure accuracy and compliance to avoid any potential repercussions that might arise from non-compliance with the appropriations process. While the specific penalties for such breaches are not stated in this document, they would generally be in line with the broader financial governance and public administration laws of Australia.