Advance to the Finance Minister – section 11 of Appropriation Act (No. 1) 2001-2002 (No. 21 of 2001-2002)

Overview

The Appropriation Act (No.1) 2001-2002, enacted by the Australian Parliament, addresses the need for financial adjustments and reallocations to ensure the efficient operation of government services. This legislative instrument, specifically Section 11, empowers the Finance Minister to adjust appropriations to meet emerging requirements and better align resources with government priorities. The policy objective behind this Act is to provide the flexibility needed to respond to unforeseen circumstances and to ensure that funds are used effectively and efficiently across various government departments and agencies. The legislative instrument F2007B00883, dated 30 May 2002, is an example of this flexibility in action, directing an increase to the appropriation for administered expenses for the Department of Foreign Affairs and Trade to better support Australians in accessing consular and passport services both domestically and internationally.

Scope and Application

Section 11 of the Appropriation Act (No. 1) 2001-2002 provides authority for the Finance Minister to adjust appropriations for specific government agencies and programs. In this instance, the determination pertains to an increase in funding for the Department of Foreign Affairs and Trade, specifically for the administered expenses associated with Outcome 2, which concerns the provision of consular and passport services to Australians domestically and abroad. The legislation applies to the Commonwealth level and affects the Department of Foreign Affairs and Trade, with the specified appropriation item and amount being adjusted to enhance the capacity for delivering these critical services. The application is limited to the financial year 2001-2002, with the amendment taking effect from the date of the determination, 30 May 2002. This legislative instrument does not outline any exclusions, exemptions, or thresholds beyond the specific appropriation item and amount specified. The authority to make such adjustments is further extended or restricted through subordinate instruments as may be necessary.

Key Provisions

The key operative sections of this legislative instrument, as outlined in Section 11 of the Appropriation Act (No. 1) 2001-2002, involve the adjustment of budget allocations for specific government agencies. Specifically, Section 11(1) empowers the relevant authority to determine increases in appropriations, as evidenced by the determination made by Jim Kerwin. Here, the appropriation item for the Department of Foreign Affairs and Trade is increased by $20,119, as detailed in Column 3 of the provided schedule (Section 11(1)(a)-(c)). This adjustment is directed towards the administered expenses related to Outcome 2, which pertains to providing Australians with access to consular and passport services both domestically and internationally (Section 11(1)(a)). The Act imposes several obligations and requirements on the parties involved. The Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, must ensure that any changes to appropriations are properly authorised and documented. This is evident in the formal determination signed by Jim Kerwin, who has specified the appropriation item, the agency affected, and the amount of the increase. Furthermore, the Act necessitates that such adjustments are made in accordance with the existing legal framework and any relevant budgetary guidelines. Compliance with these procedural requirements is critical to maintaining the integrity of the appropriations process (Section 11(1)-(3)). In terms of potential consequences for non-compliance or breaches, the Act does not explicitly outline specific offences or penalties within the provided excerpt. However, it is generally understood that any significant deviation from the prescribed budgetary processes could lead to administrative or legal repercussions. Such consequences might include scrutiny from parliamentary committees, potential audits, or other corrective actions by the responsible government bodies. While the exact penalties are not specified in this particular legislative instrument, adherence to the outlined procedures is essential to avoid any adverse outcomes that might arise from improper adjustments to appropriations (Section 11(4)). Overall, this legislative instrument serves to formalise the increase in budget allocations for the Department of Foreign Affairs and Trade, ensuring that the funds are appropriately directed towards achieving the specified outcomes. The obligations imposed on the Branch Manager and other relevant parties are to follow due process and maintain accurate records of any appropriations adjustments. Although specific penalties for non-compliance are not detailed in the provided text, the importance of adhering to the prescribed procedures cannot be overstated to prevent any potential repercussions.