Advance to the Finance Minister – section 11 of Appropriation Act (No. 1) 2001-2002 (No. 20 of 2001-2002)

Overview

The legislative instrument F2007B00882, enacted on 17 May 2002, is a determination under Section 11 of the Appropriation Act (No. 1) 2001-2002, made by the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration. This determination pertains to an increase in appropriations for specific items allocated to the Department of Foreign Affairs and Trade, particularly for administered expenses related to Outcome 1, which involves the protection and advancement of Australia's national interests through international security, economic performance, and global cooperation. The purpose of this legislative instrument is to facilitate adjustments in budget allocations to ensure that the Department can effectively pursue its mandated objectives. The policy objective is to provide the necessary financial resources to the Department of Foreign Affairs and Trade to carry out its functions as outlined in the appropriation act.

Scope and Application

Section 11 of the Appropriation Act (No.1) 2001-2002, specifically within the legislative instrument F2007B00882, pertains to the adjustment of appropriations for designated government agencies. This legislative instrument empowers the Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, to determine increases to specific appropriation items for certain agencies. The legislative instrument applies to the Department of Foreign Affairs and Trade, with a particular focus on the appropriation item related to administered expenses under Outcome 1, which pertains to Australia's national interests being protected and advanced through contributions to international security, national economic and trade performance, and global cooperation. The increase in appropriation for this item is set at $11,087,244. The authority to make such adjustments is exercised under the provisions of the Appropriation Act, ensuring that the financial allocation aligns with the government's strategic objectives and priorities as outlined in the budget.

Key Provisions

The primary provision of this legislative instrument, as detailed in Section 11 of the Appropriation Act (No. 1) 2001-2002, authorises the Finance Minister to adjust appropriations for specific government agencies. In this case, the appropriation item for the Department of Foreign Affairs and Trade has been increased by $11,087,244 for administered expenses related to Outcome 1, which focuses on protecting and advancing Australia’s national interests through international security, economic and trade performance, and global cooperation. This adjustment allows the department to allocate more resources towards achieving these objectives. The Act imposes several obligations on the relevant parties. The Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, is required to determine the increase in appropriations in accordance with Section 11 of the Appropriation Act. This determination must be made in good faith and in accordance with the provisions of the Act. Furthermore, the Branch Manager must ensure that the adjustment is within the limits set by the Act and that any changes are properly justified and documented. These obligations ensure that the appropriations process is transparent, accountable, and aligned with the government’s priorities. Failure to comply with the requirements of the Act can result in various consequences. If the Branch Manager fails to properly determine the increase in appropriations or if the adjustment is not in accordance with the Act, this could lead to financial mismanagement and a breach of the government’s budgetary framework. Such breaches may be subject to internal review, investigation, and potential disciplinary action. In more serious cases, legal action could be taken against the Branch Manager or other implicated parties for misconduct or mismanagement of public funds. The penalties for such breaches can include fines and, in extreme cases, imprisonment. The legislative instrument also specifies the date of determination, which is 17 May 2002. This date is crucial as it marks the official commencement of the adjustment in appropriations. Any actions or decisions taken before this date are not covered by this legislative instrument, while actions taken after this date must comply with the provisions outlined in the Act. This date provides a clear timeline for the implementation of the appropriation increase and ensures that all parties are aware of their obligations from that point forward. In summary, Section 11 of the Appropriation Act (No. 1) 2001-2002 mandates an increase in appropriations for the Department of Foreign Affairs and Trade, outlining specific obligations for the Branch Manager and detailing the consequences for non-compliance. The determination, made on 17 May 2002, ensures that the department has the necessary funds to achieve its objectives, while also maintaining the integrity and accountability of the government’s budgetary processes.