Advance to the Finance Minister – section 11 of Appropriation Act (No. 1) 2001-2002 (No. 19 of 2001-2002)

Overview

The Legislative Instrument F2007B00881, dated 14 May 2002, pertains to an advance to the Finance Minister under Section 11 of the Appropriation Act (No. 1) 2001-2002. This legislation was enacted to address the need for adjustments in the financial allocations of government agencies to ensure that they can meet their operational and program requirements effectively. This specific legislative instrument was issued by Jim Kerwin, Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration. The policy objective of this legislation is to provide an additional appropriation to the Department of Industry, Tourism and Resources to enhance economic and social benefits through a strengthened national system of science and innovation. This adjustment ensures that the department has the necessary funds to support its initiatives and outcomes as outlined in the appropriation act.

Scope and Application

The Legislative Instrument F2007B00881 pertains to an appropriation adjustment made under Section 11 of the Appropriation Act (No. 1) 2001-2002. This legislation applies to the Department of Industry, Tourism and Resources, with a specific increase in the appropriation item for administered expenses associated with Outcome 2, which is aimed at enhancing economic and social benefits through a strengthened national system of science and innovation. The financial increase of $35,000,000 is intended to support initiatives under this outcome. The Act operates at the Commonwealth level, thereby influencing the federal budget allocations and impacting the operational funding for the Department of Industry, Tourism and Resources. There are no exclusions, exemptions, or thresholds specified in the immediate text, though the application and interpretation of such provisions might be further detailed in subordinate instruments. The authority to adjust appropriations rests with the Finance Minister, demonstrating the legislative framework’s role in financial governance within the Australian federal structure.

Key Provisions

The main operative section of the legislation, Section 11 of the Appropriation Act (No.1) 2001-2002, empowers the Finance Minister to adjust appropriations for specific items. In this instance, the Branch Manager, Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, Jim Kerwin, has exercised this authority by determining that the appropriation item for the Department of Industry, Tourism and Resources should be increased by $35,000,000. This adjustment is intended to support enhanced economic and social benefits through a strengthened national system of science and innovation. This provision allows for flexibility in the allocation of funds to meet emergent needs or to support strategic initiatives. The Act imposes certain obligations on the parties involved. The Branch Manager, Jim Kerwin, must ensure that the determination made is within the legal authority granted by the Appropriation Act and that the increase in appropriation aligns with the objectives of enhancing economic and social benefits through a strengthened national system of science and innovation. Additionally, the Department of Industry, Tourism and Resources is required to utilise the additional funds in accordance with the stated objectives and within the financial constraints and guidelines set by the government. There are potential consequences for any breach of the Act’s provisions. While the specific legislative instrument does not detail offences or penalties, breaches of appropriation laws generally can lead to both civil and criminal liabilities. Civil penalties might include financial penalties or recoupment of funds, while criminal penalties could involve fines or imprisonment, depending on the severity and intent behind the breach. The maximum penalties would be determined by the relevant courts based on the specific circumstances of the offence. It is crucial for all parties to adhere strictly to the legislative mandates to avoid these consequences.