Advance to the Finance Minister – section 11 of Appropriation Act (No. 1) 2001-2002 (No. 18 of 2001-2002)

Overview

The Legislative Instrument F2007B00880 pertains to an adjustment in appropriations under Section 11 of the Appropriation Act (No. 1) 2001-2002. Enacted by the Commonwealth Parliament, this legislative instrument addresses the need for financial adjustments in appropriations to various agencies, ensuring that funds are allocated in alignment with the government's policy objectives and operational requirements. Specifically, this instrument authorises an increase in the appropriation for the Migration Review Tribunal by $2,983,000 to support its function in contributing to ensuring that administrative decisions concerning non-humanitarian entrants are correct and preferable. The policy objective is to provide the necessary resources to the Migration Review Tribunal to effectively perform its role in upholding the integrity of government decisions on migration matters.

Scope and Application

The Appropriation Act (No.1) 2001-2002, specifically Section 11, pertains to the allocation of funds to government agencies, ensuring they have the necessary financial resources to fulfil their obligations and functions. The legislative instrument F2007B00880, issued under this act, outlines an increase in appropriation for the Migration Review Tribunal, specifically for departmental outputs related to ensuring correct and preferable administrative decisions concerning non-humanitarian entrants. This act applies to the Migration Review Tribunal, a Commonwealth entity responsible for reviewing administrative decisions regarding immigration and asylum. The geographic reach of this legislation is limited to the Commonwealth jurisdiction, meaning it applies across Australia but is enforced by federal authorities. There are no stated exclusions, exemptions, or thresholds in this specific legislative instrument. The application of this Act may be further extended or restricted through subordinate instruments issued under the authority of the Appropriation Act.

Key Provisions

Section 11 of the Appropriation Act (No. 1) 2001-2002 provides the legal framework for the adjustment of appropriations for government agencies. In this case, the legislation allows the Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, to increase the appropriation for specified agencies by a particular amount. Specifically, Section 11(1) authorises the Branch Manager to determine the increase in appropriation items for certain agencies, as listed in the table within the legislative instrument. In this instance, the appropriation for the Migration Review Tribunal is to be increased by $2,983,000 for the financial year 2001-2002. The Act imposes several obligations on the Branch Manager. Primarily, they must ensure that any adjustments to appropriations are within the scope of the powers granted by the Appropriation Act (No. 1) 2001-2002 and that the increases are justified and necessary for the specified outcomes. The Branch Manager must also ensure that the documentation is accurate and that the increases comply with relevant financial management and reporting requirements. The determination must be made in accordance with the Act, and the Branch Manager must sign and date the document to authenticate it, as seen in the signature of Jim Kerwin dated 1 May 2002. There are no explicit offences or penalties outlined in the legislative instrument for breaches of the Act's provisions. However, the Branch Manager’s actions must comply with the overarching financial and appropriation laws in Australia. Failure to adhere to these requirements could result in administrative or financial repercussions, including potential legal action for mismanagement of public funds or non-compliance with appropriation laws. The consequences could also extend to financial reporting and auditing issues, potentially impacting the agency’s ability to secure future appropriations or funding.